___________________________________

S t a t e I m p l e m e n t a t i o n P l a n

R e v i s i o n P a c k a g e

Revisions To The

Maricopa County Air Pollution Control Regulations

Rule 313 – Incinerators, Burn-Off Ovens, And 

Crematories

____________________________________________________

Prepared By

Maricopa County Air Quality Department

Planning & Analysis Division

1001 North Central Avenue, Suite 125

Phoenix, Arizona 85004

(602) 506-0169

______________________________________________

C o m p l e t e n e s s C h e c k l i s t
C o m p l e t e n e s s C h e c k l i s t

1. Agency:

Maricopa County Air Quality Department

2. Submitted Rule:

Number Title Adoption Date

313 Incinerators, Burn-Off Ovens 07/13/88

And Crematories 04/07/93

09/22/04

 05/09/12

3. EPA Analogous Approved Rule (Applicable SIP):

The EPA analogous approved rule is Rule 35, which was submitted to the EPA on May 30, 1972 

and published in the Federal Register on July 27, 1972 (37 FR 15081).

4. State/District Authority For Adoption/Implementation:

A.R.S. §49-479

5. Pollutants Regulated By Rule:

PM  , SOX___, VOC___, NOx___, CO___, Pb___

6. Identification Of Sources By Name Or Number/Location (City, County, Or District)

Area's Attainment And Plan Status (Group By Size/Subcategory, If Necessary):

Rule 313 establishes standards and particulate matter emission limitations for incinerators, burn-off 

ovens, and crematories.

PM10 Classification: Serious (As of June 1996)

Carbon Monoxide Classification: Attainment (As of April 2005)

Ozone Classification: Marginal (As of June 2012)

PM2.5 Classification: Unclassified/Attainment (As of March 2011)

7. Summary Of Rule/Rule Changes:

Rule 313 was first passed in 1988, was amended in 1993, and was amended again in 2004. In 

the amendments in 2004, a newer technology was extended for use, the continuous opacity 

monitoring system (COMS), which could permit incinerator operation at night and allowed

flexibility for alternate operating conditions for existing incinerators, burn-off ovens and 

crematories. Night burning was permitted by this rule but only if there is a Continuous Opacity 

Monitoring System (COMS) operating at all times and a properly trained operator present. The 

new COMS requirement for nighttime operations was included in the 2004 routine permit renewal 

for an industrial electric motor/engine reclamation business. This stakeholder requested to 

operate into the nighttime without a COMS unit because their facility did not have a COMS 

installed on the stack of their parts reclamation unit. The parts reclamation unit is a specific type 

of burn-off oven whose stack diameters are typically less than 10 inches and a COMS installation 

requires a 10 inch or greater stack diameter. This facility provided performance test data 

demonstrating that operating a parts reclamation unit for 16–18 hours per day without a COMS 

produced no visible emissions (well below the 20% opacity limit required by the rule). This facility 

needed to operate their parts reclamation units with low temperatures and longer time periods, 

16–18 hours per day, to avoid product deformation.

From the information submitted by the facility, the department determined that nighttime 

operations by the stakeholder, if conducted without a COMS, would not interfere with previously 

achieved emissions reductions, provided two conditions were met: (1) the stakeholder produce no 
visible emissions during the nighttime operations or during performance testing and (2) the 

stakeholder conduct visible emissions observations at least once per hour during each nighttime 

combustion cycle. The department issued Conditional Order 2009-002, which allowed the 

stakeholder to conditionally operate its parts reclamation unit after sundown without requiring the 

installation of a COMS, a deviation from the requirements of Maricopa County Air Pollution 

Control Regulation III, Rule 313, Section 304.1. Since Conditional Order 2009-002 will expire on 

November 4, 2012 this rule has been revised to include the conditional nighttime burning 

requirements without the COMs. Other issues included in this rule revision include: 

 Updating requirements for sources subject to filing an O&M Plan for an Emission Control 

System (ECS). The additions provide greater O&M Plan consistency and update this rule 

to be consistent with other department rules.

 Documentation required to determine the absence of visible emissions during nighttime 

operations both with and without a COMS installation; 

 Conditions to qualify for an exception from the COMS requirement; 

 Definition of “pyrolysis/combustion unit”; 

 Requirements for COMS unit calibration. 

8. Rule's Effect On Emissions:

Crematories are not affected by this rule revision because human and animal crematories are 

incinerators that are not permitted to combust during the nighttime without a COMS unit. Only 

parts reclamation units are permitted to operate at night.

The overall intent of the CAA provisions is that section 129 combustion rules apply mostly to 

devices conventionally regarded as incinerators, that is, devices combusting wastes in order to 

destroy the wastes. For purposes of promulgating regulations and the current primary revisions of 

this rule, it is particularly important to distinguish between a commercial and industrial solid waste 

incinerator that destroys wastes and a parts reclamation/burn-off oven whose function is to clean 

residual materials off of various metal parts, for salvage and then are reused. Less than 20 

facilities with burn-off ovens have permits in Maricopa County and none of those facilities are total 

destruction waste incinerators, rather they are burn-off oven units or parts reclamation units that 

are intended for salvage purposes only. These latter parts reclamation units are typically small 

(<1 MMBtu/hr) combustion units that are used to clean residual materials off of various metal 

parts, which are then reused. These small parts reclamation units are found to emit minimal 

emissions. The Maricopa County 2008 periodic PM10 emissions inventory that was developed to 

meet requirements set forth in Title I of the Clean Air Act Amendments of 1990 (CAAA) estimates 

that emissions in Maricopa County reported from all types of facilities with incinerators is 0.06 

tons for a year or 120 lbs. of emissions total for a year.

9. Demonstration That NAAQS/PSD Increments/RFP Demonstration Are Protected (As 

Appropriate):

Rule 313 strengthens the SIP by limiting the amount of PM10 emitted from incinerators, burn-off 

ovens, and crematories. With the amendments in 2004 and 2012, Rule 313 updates the rule 

language to recognize newer technology and to address a petition by a stakeholder to allow burning 

at night with a COMS unit and to conditionally allow burning at night without a COMs unit. 

10. Modeling Information Used To Support Rule Revision:

Rule 313 strengthens the SIP by limiting the amount of PM10 emitted from incinerators, burn-off 

ovens, and crematories. With the amendments in 2004 and 2012, Rule 313 updates the rule 

language to recognize newer technology and to address a petition by a stakeholder to allow burning 

at night at night with a COMS unit and to conditionally allow burning at night without a COMs unit. 
11. Evidence That Emissions Limitations Are Based On Continuous Emission Reduction 

Technology, Add-On Controls, Reformulated Materials, And/Or Industrial/Process 

Equipment Designs:

Rule 313 includes control requirements in Section 301 through Section 304 and additional 

requirements for air pollution control equipment in Section 305.

12. Identification Of Section/Paragraph In Rule That Contains Emission Limitations, Work 

Practice Standards, Averaging Times, Test Procedures And/Or Recordkeeping/Reporting 

Requirements:

Work practice standards are described in the following sections in Rule 313:

301 – Controls Required

302 – Emissions Standard - Opacity

303 – Emissions Standard - Particulates

304 – Nighttime Combustion

305 – Operation and Maintenance (O&M) Plan Requirements for Air Pollution Control 

Equipment and Approved Emission Control System (ECS)

Exemptions are described in Rule 313, Section 103.

Recordkeeping/reporting requirements are described in Rule 313, Section 501 through section 

506.

Test methods are described in Rule 313, Section 507.

13. Compliance/Enforcement Strategies To Be Used To Determine Compliance (Including 

Frequency Of Inspection):

Rule 313 requirements are administered through a visual inspection program and/or a permit 

program that includes review of permits, inspection of work sites, performance of compliance test 

methods, and review of records and activities. Maricopa County’s enforcement options include: 

compliance status notification, notice of violation, follow-up inspection/investigation, Department 

reports, referral to County Attorney, review by Enforcement Officer, order of abatement by consent, 

order of abatement, civil complaint, notice to appear and complaint (criminal complaint), injunctive 

relief, photographs, videos, compliance inspection reports, correspondence, records, other 

applicable documentation, and analytical tests.

14. Special Economic/Technological Justifications For Deviations From EPA Policies (As 

Appropriate):

Rule 313 does not deviate from EPA policies.

15. Other Comments

Attached Support Documentation Includes The Following:

Appendix 1 Notice of Proposed Rulemaking

Appendix 2 Agenda Form And Notice of Final Rulemaking

Appendix 3 Notice of Public Hearing

Appendix 4 Affidavit of Publication

Appendix 5 Certified Excerpts From The Minutes Of The Board Of Supervisors' Public Hearing

Appendix 6 Final Adopted Version Of Rule
F o r E P A U s e O n l y

SIP RULE REVISION IS: ______ COMPLETE _____ INCOMPLETE

 Name Telephone Number 

District Contact: Johanna Kuspert (602) 506-6710

State Contact: Diane Arnst (602) 771-2375

 EPA Contact:

State Submittal Date:
E P A S I P E n f o r c e a b i l i t y S t a t e m e n t

1. APPLICABILITY

a. What sources are being regulated?

Rule 313 establishes standards and particulate matter emission limitations for 

incinerators, burn-off ovens, and crematories.

b. What exemptions are provided?

Exemptions are described in Rule 313, Section 103. Exemptions are provided for 

laboratory ovens, environmental test chambers, ovens used in research facilities, flares, 

curing or drying ovens that are operated at temperatures lower than 600°F, and electric

induction furnaces, Burning-off of pre-cleaned items consisting entirely of metal and 

containing no debris visible to the naked eye. Pre-cleaning shall be done by flushing with 

water, solvent and/or mechanical means.

c. What are the units of compliance?

Temperature (in degrees F), residence time (in seconds), opacity (in percent), and 

particulate matter emissions (in grains per cubic feet of dry flue gas).

d. Is bubbling or averaging of any type allowed?

No.

e. If there is a redesignation, will this change the emission limitations?

No.

2. COMPLIANCE DATES

a. What is the compliance date?

An owner and/or operator subject to Rule 313 must meet all the applicable requirements by 

May 9, 2012.

b. What is the attainment date?

Particulates attainment date: December 31, 2006

CO attainment date: December 31, 2000

Ozone attainment date: December 31, 2015

3. SPECIFICITY OF CONDUCT

a. What test method is required?

Rule 313, Section 507 describes test methods as follows:

● For determining total particulate matter, EPA Methods 1 through 5, or their EPA 

alternates approved by the Control Officer, shall be used. Both carbon monoxide and 

oxygen measurements shall be obtained simultaneously with each Method 5 run.

 Determination of visible emissions compliance shall be made by a certified 

emissions observer or by a continuous emission monitor which is maintained and 

calibrated in accordance with EPA Performance Specification #1 (40 CFR, Part 60, 

Appendix B). The observer shall be qualified as an expert visible emissions 

evaluator and so certified by the Arizona Department of Environmental Quality or by 

any other agency that is acceptable to the Control Officer.
 Opacity shall be determined by observations of visible emissions conducted in 

accordance with EPA Reference Method 9 as modified by EPA Reference Method 

203 B.

 The presence or absence of visible emissions shall be detected using EPA 

Reference Method 22.

b. What is the averaging time in the compliance test method?

Not applicable.

4. RECORDKEEPING:

a. What records are required to determine compliance?

 Rule 313, Section 501 describes recordkeeping requirements for incinerators, 

burn-off ovens and crematories that will be kept on a daily basis and are as follows:

1. Times of operation;

2. Chamber temperatures: Chamber temperatures shall include operating 

temperatures for the secondary chamber as well as secondary chamber 

temperature at the time of the ignition of the primary chamber.

3. Weight of the materials incinerated shall be determined as follows:

a. Incinerators: Total weight charged. 

b. Crematories:

(1) Human Crematories: Account for the numbers of bodies 

cremated; or

(2) Animal Crematories: Account for either the number and 

type of remains charged or the weight of the animal(s) 

charged; or

(3) Large Bodies: If a human or animal crematory combusts 

a large body (over 300 lbs.), the approximate weight of 

the body and any alternative operating conditions shall 

be recorded.

 OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity 

observations used to measure visible emissions from activities regulated by this 

rule. The records shall be compiled, maintained, and retained for each day or 

night that any activity capable of generating emissions is conducted. These 

written records shall include the following information:

1. Date, time, and location of all opacity observations; and

2. Results of all opacity observations; and

3. Corrective action(s) taken, if any.

 NIGHTTIME COMBUSTION: An owner or operator conducting nighttime 

combustion operations shall comply with the following requirements:

1. Nighttime Combustion With a COMS:

a. Maintain a continuous record of opacity readings generated by 

the COMS. Records shall include all times that the meter is 

running properly. Records shall also indicate when the 

instrument is inoperative or has been adjusted or repaired.

b. Record the date and time identifying each period during which 

the COMS was inoperative, except for zero and span checks, 

and the nature of system repair or adjustment shall be reported. 

The Control Officer may request proof of COMS performance 

whenever system repairs or adjustments, other than routine 

maintenance, have been made.
c. Maintain a file of all data collected by the COMS and as 

necessary to convert monitoring data to the units of the 

applicable standard as described for compliance with Section 

507.3 of this rule.

2. Nighttime Combustion Without a COMS – Parts Reclamation Unit: 

Maintain records of the visible emissions observations taken at night 

during each combustion cycle for each parts reclamation unit as required 

by Section 507.4 of this rule. These records shall include the following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.

 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive 

maintenance activities performed on all equipment or ECS subject to this rule.

 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep 

records of any alternate operating conditions including temperatures and 

residence times, as required by Sections 301.3(c) and 301.3(d) of this rule.

 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records 

of all exhaust stack performance tests. Such written records shall include the 

following information:

1. Date, start and end times, and location of all performance tests;

2. Results of all tests; and

3. Corrective action(s) taken, if necessary.

b. In what forms or units must records be kept?

Rule 313, Section 501 described recordkeeping requirements. Records must be kept daily, 

except records for night burning must be kept continuously.

c. On what time basis must records be kept?

Rule 100 (General Provisions And Definitions), Section 501 (Recordkeeping) requires that 

records must be retained for five years and must be made available to the Control Officer 

upon request.
______________________________________________

A p p e n d i x 1
NOTICE OF PROPOSED RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

PREAMBLE

1. Rule affected Rulemaking action

Rule 313: Incinerators, Burn-Off Ovens, and Crematories Amend

2. Statutory authority for the rulemaking:

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing statute: A.R.S. § 49-112

3. List of all previous notices appearing in the Register addressing the rulemaking:

Notice of Docket Opening: (to be filled out by the Secretary of State)

4. The name and address of department personnel with whom persons may communicate regarding the 

rulemaking:

Name: Kathleen Sommer

Maricopa County Air Quality Department, Planning and Analysis Division

Address: 1001 North Central Avenue, Suite 125

Phoenix, AZ 85004

Telephone: 602-506-0169

Fax: 602-506-6179

E-Mail: aqplanning@mail.maricopa.gov

5. Explanation of the rule, including the department’s reasons for initiating the rulemaking:

The Maricopa County Air Quality Department (“department”) is proposing to revise Rule 313 

(Incinerators, Burn-Off Ovens, and Crematories). Rule 313 limits particulate emissions from incinerators, 

burn-off ovens, and crematories.

Rule 313 was revised on September 22, 2004, to update rule language and recognize newer technology, a 

continuous opacity monitoring system (COMS), which could permit incinerator operation at night. The new 

COMS requirement for nighttime operations was included in the 2004 routine permit renewal for 

Equipment Maintenance Services (EMS), an industrial electric motor/engine reclamation business. EMS 

did not have a COMS installed on the stack of their parts reclamation unit, which is a specific type of burnoff oven. The new permit requirement to install a COMS for nighttime operations prohibited EMS from 

using their parts reclamation units for 16–18 hours per day, which their operations required to avoid 

product deformation. Consequently, EMS requested the department approve their nighttime operations 

without installing a COMS. EMS reported that a 10 inch or greater stack diameter was necessary for the 

COMS installation and the EMS parts reclamation unit stack diameter was smaller than the 10 inches 

required for this COMS installation. The EMS stack was not out of the ordinary because most typical parts 

reclamation unit stack diameters are reported to be less than 10 inches in diameter. Since the EMS parts 

reclamation unit stack was smaller than that required for a COMS installation, such a provision would 

require extensive retrofitting operations and a custom engineering application, which could impose 

significant additional costs for EMS.

In their request to the department, EMS provided data from performance tests conducted on the EMS parts 

reclamation unit by Applied Environmental Consultants, Inc. (AEC) on June 25, 2009. Such performance 

test data demonstrated that operating a parts reclamation unit for 16–18 hours per day without a COMS 

produced no visible emissions (well below the 20% opacity limit required by the rule). EMS indicated that 

these results, i.e., no visible emissions from nighttime operations without a COMS, were comparable to 

those from tests conducted on some 6,000 similar units, as reported by the manufacturer.
After the department reviewed EMS’ performance test data, the department determined that EMS’ 

nighttime operations, if conducted without a COMS, would not interfere with previously achieved 

emissions reductions, provided two conditions were met: (1) EMS produce no visible emissions during the 

nighttime operations or during performance testing and (2) EMS conduct visible emissions observations at 

least once per hour during each nighttime combustion cycle. On November 4, 2009, the department issued 

Conditional Order 2009-002, which allowed EMS to conditionally operate its parts reclamation unit after 

sundown without requiring the installation of a COMS, a deviation from the requirements of Maricopa 

County Air Pollution Control Regulation III, Rule 313, Section 304.1. Conditional Order 2009-002 will 

expire on November 4, 2012.

In March, 2010, the department began a rulemaking process to revise Rule 313 to allow parts reclamation 

units with stack diameters less than 10 inches to operate after sundown without installing a COMS. In 

April, 2010, the U.S. Environmental Protection Agency (EPA) proposed three new combustion rules for 

major source boilers and commercial and industrial solid waste incinerator (CISWI) units, which would 

establish new source performance standards (NSPS) and emission guidelines (EG) for new and existing 

combustion sources. These proposed EPA rules, regulating the emissions of particulates and hazardous air 

pollutants (HAPS) from combustion operations under §§112 and 129 of the Clean Air Act, had the 

potential to affect Maricopa County Rule 313, because these rules contained more stringent limits and 

requirements for combustion sources than that required in Rule 313. In February, 2011, after reviewing 

more than 4,800 comments received during its rulemaking public comment period, the EPA determined 

that smaller burn-off ovens, such as parts reclamation units, were unfairly grouped with larger commercial 

incinerators and boilers and would not be subject to the proposed EPA combustion rules. Consequently, the 

department resumed the rulemaking process for Rule 313.

During the rulemaking process, the department held one public workshop and received two written 

comments from stakeholders. The issues that have been raised and discussed during this rulemaking 

process can be categorized as follows:

 Documentation required for the absence of visible emissions during nighttime operations

 Equipment required to qualify for an exception from the COMS requirement

 Definition of “pyrolysis/combustion unit”

 Requirements for COMS unit calibration

Details about these issues are described below. Following such discussion is a list of specific amendments 

being proposed in Rule 313.

Issues Raised and Discussed During This Rulemaking Process:

Documentation Required for the Absence of Visible Emissions During Nighttime Operations: During the 

public workshop, stakeholders asked the department to clarify how a source should document the absence 

of visible emissions during nighttime operations. Stakeholders expressed concern because opacity 

measurements, determined with EPA Reference Method 9, are difficult to collect during the nighttime.

The department considered the issue and is proposing to include in Rule 313 the updated EPA Reference 

Method 9, which measures opacity, and EPA Reference Method 22, which measures the presence or 

absence of visible emissions. Also, the department is proposing to clarify the condition requiring an 

operator monitor visible emissions at night by cross-referencing such requirement to the section in Rule 

313 that specifies EPA Reference Method 22.

Equipment Required to Qualify for an Exception From the COMS Requirement: During the public 

workshop, stakeholders asked the department what equipment was required in order to qualify as an 

exception from the COMS requirement.

The department considered the question and is proposing to include in Rule 313 a provision that a parts 

reclamation unit may be operated at nighttime without a COMS provided the following conditions are met: 

there are no visible emissions during nighttime operations, visible emissions observations are conducted at 

least once per hour during each nighttime combustion cycle, the parts reclamation unit is operated and 
maintained in accordance with the manufacturer’s operations and maintenance manual, and the parts 

reclamation unit has an inside stack diameter of less than 10 inches.

Definition of “Pyrolysis/Combustion Unit”: In June 2011, Thermo Fluids, a producer of commercial fuel 

oil recovered from used motor oil filters with a process of pyrolysis incineration, submitted a formal 

request to the department proposing that pyrolysis incineration should not be subject to Rule 313, because 

pyrolysis incineration combusts with very small quantities of air.

The department considered the request and determined that pyrolysis incineration has been and will 

continue to be subject to Rule 313. Historically, the department has interpreted the definition of 

“incineration” to include pyrolysis incineration; therefore, pyrolysis incineration was subject to Rule 313. 

To clarify this issue, the department is proposing to add a definition of “pyrolysis/combustion unit” to Rule 

313, which corresponds with EPA’s definition of a“[municipal waste] pyrolysis/combustion unit” (60 FR 

65382, December 19, 1995).

Requirements For COMS Unit Calibration: During this rulemaking process, stakeholders asked if deleting

the administrative requirement in Section 400 eliminated requirements to properly install a COMS, which 

includes calibration and operation for a conditioning period of at least 168 hours minimum and a testing 

period of 168 hours before any nighttime operations are performed.

The department considered the question and determined that eliminating the administrative requirement, 

i.e., the compliance schedule, only eliminates a redundancy in the previous version of the rule. The 

requirements to properly install, calibrate, operate, and test a COMS remain in Rule 313.

Description of Proposed Amendments: The amendments being proposed in Rule 313 can be categorized 

as follows:

 To clarify parts reclamation unit nighttime operation requirements 

 To update and clarify the requirements for filing an O&M Plan 

 To update and clarify administrative requirements

 To update and clarify EPA compliance test methods

Details about these proposed amendments are described below.

To clarify parts reclamation unit nighttime operation requirements: The proposed amendments will 

make the following changes to Rule 313:

 Section 210 – Incineration: To clarify that pyrolysis technology is subject to this rule. The Thermo 

Fluids proposal to the department in June 2011 that the pyrolysis technology is not subject to Rule 

313 prompted this clarity to the rule.

 Section 211 – Incinerator: To clarify that pyrolysis technology is included in this definition. The 

Thermo Fluids proposal to the department in June 2011 that the pyrolysis technology is not subject 

to Rule 313 was the catalyst to clarifying this definition.

 Section 215 – Parts Reclamation Unit: To add a new definition, for “parts reclamation unit”. This 

definition originated from the department’s Conditional Order 2009-002 issued to Equipment 

Maintenance Service (EMS) on November 4, 2009. It is specific to only one type of burn-off oven, 

a parts reclamation unit with a stack diameter less than 10 inches and that is used only to remove 

paints, lacquers, and varnishes from items (e.g., tools and equipment) so that these items can be 

reconditioned and reused.

To improve clarity, this proposed definition of a “parts reclamation unit” was modified from the 

definition originally listed in the Conditional Order to exclude those units used to remove rubber 

from the surface of parts, as rubber coatings tend to be thicker, and thus produce greater emissions 

when combusted.

 Section 304 – Nighttime Combustion: To delineate the different requirements for nighttime 

operations in an incinerator, crematory, or burn-off oven as opposed to the parts reclamation unit. 

A COMS is required to be installed when operating incinerators, crematories, or burn-off ovens at 

night, whereas a parts reclamation unit operating during the nighttime is not required to operate 
with a COMS installation. However, hourly visible emissions observations must be made of the 

parts reclamation unit operating during the nighttime to confirm that there are no visible emissions 

from the operation. This amendment was prompted by Equipment Maintenance Service’s (EMS’) 

request to be excluded from the requirement to install a COMS in order to conduct nighttime 

operations.

 Section 503 – Nighttime Combustion: To clarify recordkeeping requirements for nighttime 

operations with a COMS and without a COMS.

To update and clarify the requirements for filing an Operation & Maintenance (O&M) Plan: The 

proposed amendments will make the following changes to Rule 313:

 Section 305 – Requirements for Air Pollution Control Equipment: To add and update requirements 

for sources subject to filing an O&M Plan for an Emission Control System (ECS). The proposed 

additions will provide greater O&M Plan consistency and will update this rule to be consistent 

with other department rules.

To update and clarify administrative requirements: The proposed amendments will make the following 

changes to Rule 313:

 Section 401.1 – Compliance Schedule: To delete an obsolete requirement and a transpired date for 

the requirement.

 Section 401.2 – Compliance Schedule: To delete the redundant listing of a requirement (COMS 

calibration) referenced in another section of the rule (Section 507.2).

 Section 501 – Recordkeeping: To clarify the daily recordkeeping requirements for incinerators, 

burn-off ovens and crematories operations.

 Section 506 – Performance Test Results: To add recordkeeping requirements for the performance 

test results.

To update and clarify EPA compliance test methods: The proposed amendments will make the 

following changes to Rule 313:

 Section 502 – Opacity Observations: To clarify opacity observation recordkeeping requirements. 

These requirements are specific to EPA Reference Method 9 and are modified by EPA Reference 

Method 203B. 

 Section 507 – Compliance Determination – Test Methods: To correct and update the compliance 

determination test methods including the opacity and visible emissions tests methods 9 and 22 

respectively. The department proposes to identify the full title of each reference method.

 Section 508 – Test Methods Incorporation by Reference: To add the incorporation by reference or 

additional EPA Reference Methods.

The department is also proposing to correct typographical or other clerical errors; make minor grammatical 

changes to improve readability or clarity; modify the format, numbering, order, capitalization, punctuation, 

or syntax of certain text to increase standardization within and among rules; or make various other minor 

changes of a purely editorial nature. As these amendments do not alter the sense, meaning, or effect of the 

rule, they are not described in detail here, but can be readily discerned in the “strikeout and underline” 

version of the rule contained in Item 14 of this notice.

6. Demonstration of compliance with A.R.S.§ 49-112:

A.R.S. § 49-112(A): When authorized by law, a county may adopt a rule, ordinance, or other regulation 

that is more stringent than or in addition to a provision of this title or rule adopted by the director or any 

board or commission authorized to adopt rules pursuant to this title if all the following conditions are met:

 The rule, ordinance or other regulation is necessary to address a peculiar local condition.

 There is credible evidence that the rule, ordinance or other regulation is either:

a. Necessary to prevent a significant threat to public health or the environment that results 

from a peculiar local condition and is technically and economically feasible.
b. Required under a federal statute or regulation, or authorized pursuant to an 

intergovernmental agreement with the federal government to enforce federal statutes or 

regulations if the county rule, ordinance or other regulation is equivalent to federal 

statutes or regulations.

Revisions to Rule 313 are necessary to address the EPA-designated serious nonattainment for the PM10 24-

hour standard for the Phoenix Area. This serious nonattainment status is peculiar to the Phoenix area local 

conditions because Maricopa County has failed to meet the National Ambient Air Quality Standards for 

both ozone and particulates therefore makes A.R.S. § 49-112(A)(1) and (2) applicable to this rule revision.

The department is proposing to revise Rule 313 to reduce PM10 emissions in Maricopa County, which will 

alleviate the serious health threat and associated health consequences resulting from poor air quality while 

at the same time removing unnecessary restrictions on business operations.

7. Reference to any study relevant to the rule that the department reviewed and either proposes to rely 

on in its evaluation of or justification for the rule, where the public may obtain or review each study, 

all data underlying each study, and any analysis of each study and other supporting material:

The department referenced the documents listed below during this rulemaking process. Copies of 

each of the items listed are available for review at MCAQD offices, 1001 North Central Ave. Suite 

#595, Phoenix, Arizona 85004, during normal business hours.

User Manual: U.S. Environmental Protection Agency's Continuous Emission Monitoring Cost 

Model, Version 3.0. This document may be found electronically at 

www.epa.gov/ttnemc01/cem/userman.pdf;

The EPA’s Particulate Matter (PM) Health Effects Research Center Program, prepared by PM Centers 

Program staff, January 2002: Particulate Matter Research Centers Program Advisory Report: An SAB 

Advisory Report;

U.S. EPA, “The Benefits and Costs of the Clean Air Act 1990 to 2010,” Chapter 5, “Human Health 

Effects of Criteria Pollutants,” Table 5-1, Report to Congress, November 1999.

8. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will 

diminish a previous grant of authority of a political subdivision:

Not applicable

9. Preliminary summary of the economic, small business, and consumer impact:

 Rule Identification

This rulemaking proposes to revise Rule 313 (Incinerators, Burn-Off Ovens and Crematories).

 Summary

Proposed amendments to Rule 313 provide additional flexibility for the operation of a parts 

reclamation unit and should reduce confusion, improve understanding and readability of the rule. Even 

though the proposed amendments provide additional options for burn-off oven operations, at the same 

time the proposed provisions maintain compliance with federal and state laws. Details of the proposed 

amendments found in this rule are described under item 5 of this notice.

Maricopa County business potentially affected by these proposed rule revisions are those that use burnoff ovens in metal salvage operations or remove non-metallic coatings from metal parts by the 

application of heat. The incremental costs of combustion operations for the regulated community could 

be significantly decreased by these proposed rule amendments. The benefits offset the minimal

increases in costs of operations that are required by the amendments. Minimal cost increases include 

additional performance testing for facilities that chose to operate during the night without the required 

COMS. The costs of the additional performance tests required for both the regulators and the facility 

are minimal compared to the savings realized by the business that can operate at night without 

purchasing the previously required COMS unit. The net effect of savings from the elimination of the 

COMS purchase and the costs of additional performance test requirements equal cost savings for the 

facilities. Also, man-hours required for monitoring additional performance tests and recording-keeping 
are not significantly increased for the regulator’s inspectors and test engineers as they are already 

conducting these inspections and tests in the field.

Although this rulemaking imposes a set of requirements that would likely save the business money it is 

still necessary for the department to prepare this economic impact assessment to document these 

considerations because it imposes a different set of compliance burdens on regulated facilities and on 

the department.

 Costs

Use of burn-oven incinerators during nighttime operations is voluntary and inclusion of this option in 

the county rule led to the 2004 Rule 313 revisions. In order to assure that continuous compliance with 

emission standards during nighttime combustion are maintained, the COMS requirement was 

introduced.

Costs of the COMS

The costs to purchase a COMS unit are estimated at $25,000 and do not include the additional costs 

incurred for routine monitoring and initial installation. These additional costs total $10,000-$25,000

during the first year. Employee hourly costs to maintain the COMS unit each year are estimated at 8-10 

man hours per week and training to operate and calibrate the COMS is estimated at $1800 per 

employee; (this includes travel, accommodations and a 2-day training course). Cost information was 

obtained from an EPA document entitled "User Manual: U.S. Environmental Protection Agency's 

Continuous Emission Monitoring Cost Model, Version 3.0".

This current proposal amends the nighttime combustion option and provides greater flexibility for the 

parts reclamation unit operators that chose to operate at night without installing a COMS. The facility 

savings includes: 1) costs of the COMS unit estimated to be in excess of $40,000.00; 2) facility staff 

does not have to be trained to operate and maintain the COMS monitor. The amount of time required 

to train employees to monitor and keep records of nighttime operations requires approximately the 

same amount of time (labor hours) to train employees to operate and monitor a COMS unit. Laborhours required for both options cancel resulting in no discernible changes in facility costs incurred. 

Overall, the financial benefits or savings to the business are significant yet there are negligible changes 

in personnel costs to the facility or society to implement this amendment.

Specifically this rule requires only a small amount of man hours daily per facility to manually collect 

records to replace the COMS monitoring. Estimated labor-hours are 1–2 hours per week averaged over 

a year. This additional 1-2 weekly hours for recordkeeping is more than offset by the savings of 8-10 

hours per week needed to maintain the COMS. Labor costs are estimated at $16-$30 per hour 

depending upon the classification of the employee who performs the recordkeeping or maintenance. 

The estimated savings in labor range from $4,500–9,000 per year in addition to the savings of the 

initial COMS purchase and installation.

The department’s compliance costs (regulator) would not change significantly as there are currently 

inspectors in the field visiting these sources monitoring recordkeeping and conducting performance 

tests. The increase in department workload for performance testing required to inspect and confirm that 

parts reclamation units allowed to operate at night do not create visible emissions is minimal, and are 

more than offset by equipment cost reduction and labor cost reduction for the facility.

 Emissions

This proposal amends Maricopa County Rule 313 which regulates incinerators, burn-off ovens and 

crematories in Maricopa County. Crematories are not affected by this proposed rule revision because 

human and animal crematories are incinerators that are not permitted to combust during the nighttime 

without a COMS unit. Only parts reclamation units are permitted to operate at night.

The overall intent of the CAA provisions is that section 129 combustions rules apply mostly to devices

conventionally regarded as incinerators, that is, devices combusting wastes in order to destroy the 

wastes. For purposes of promulgating regulations it is particularly important to distinguish between a 

commercial and industrial solid waste incinerators that destroys wastes and a parts reclamation unit 

whose function is to clean residual materials off of various metal parts, for salvage and then are reused.
Less than 20 facilities with burn-ovens have permits in MC and none of those facilities are total 

destruction waste incinerators rather they are burn-oven units or parts reclamation units that are 

intended for salvage purposes only. These latter parts reclamation units are typically are small (<1 

MMBtu/hr), combustions units that are used to clean residual materials off of various metal parts, 

which are then reused. These small parts reclamation units are found to emit minimal emissions. The 

Maricopa County 2008 periodic PM10 emissions inventory that was developed to meet requirements set 

forth in Title I of the Clean Air Act Amendments of 1990 (CAAA) estimates that emissions in 

Maricopa County reported from all types of facilities with incinerators is 0.06 tons for a year or 120 

lbs. of emissions total for the year.

 Health Impacts

This proposed rulemaking allows flexibility without increasing the amount of priority pollutant

emissions such as particulate matter, carbon monoxide and volatile organic carbon (VOC). Health 

benefits accrue to the general public whenever enforcement of environmental laws takes place. 

Adverse health effects from air pollution result in a number of economic and social consequences, 

including:

a. Medical costs: These include personal out-of-pocket expenses of the affected individual (or 

family), plus costs paid by insurance or Medicare, for example.

b. Work loss: This includes lost personal income, plus lost productivity whether the individual is 

compensated for the time or not. For example, some individuals may perceive no income loss because 

they receive sick pay, but sick pay is a cost of business and reflects lost productivity.

c. Increased costs for chores and caregiving: These include special caregiving and services that are 

not reflected in medical costs. These costs may occur because some health effects reduce the affected 

individual's ability to undertake some or all normal chores, and she or he may require caregiving.

d. Other social and economic costs: These include restrictions on or reduced enjoyment of leisure 

activities, discomfort or inconvenience, pain and suffering, anxiety about the future, and concern and 

inconvenience to family members.

Improvement in air quality will generate cost-saving benefits by avoiding adverse-health effects, such 

as emergency room visits, hospital admissions, acute pediatric bronchitis, chronic adult bronchitis, 

acute respiratory symptom days, and even premature death. Potential benefits arising from a reduction

in PM and other pollutants emitted into the atmosphere can be inferred from data associated with the 

reduction of any airborne PM.

Some of the health effects of human exposure to PM can be quantified while others cannot. 

Quantified adverse-health effects include: mortality, bronchitis (chronic and acute), new asthma 

cases, hospital admissions (respiratory and cardiovascular), emergency room visits for asthma, lower 

and upper respiratory illness, shortness of breath, respiratory symptoms, minor restricted activity 

days, days of work loss, moderate or worse asthma status of asthmatics. Unquantifiable adversehealth effects include: neonatal mortality, changes in pulmonary function, chronic respiratory diseases 

(other than chronic bronchitis), morphological changes, altered host defense mechanisms, cancer, and 

non-asthma respiratory emergency room visits (U.S. EPA, “The Benefits and Costs of the Clean Air 

Act 1990 to 2010,” Chapter 5, “Human Health Effects of Criteria Pollutants,” Table 5-1, Report to 

Congress, November 1999).

Epidemiological evidence shows that particulates have negative health impacts in a variety of ways, 

including: increased mortality and morbidity; more frequent hospital admissions, emergency room 

and clinician visits; increased need and demand for medication; and lost time from work and school. 

There is also increasing evidence that ambient air pollution can precipitate acute cardiac episodes, 

such as angina pectoris, cardiac arrhythmia, and myocardial infarction, although the majority of PMrelated deaths are attributed to cardiovascular disease (The EPA’s Particulate Matter (PM) Health 

Effects Research Center Program, prepared by PM Centers Program staff, January 2002).

New evidence also links exposure to ambient PM concentrations to airway inflammation that in turn 

produces systemic effects, such as acute phase response with increased blood viscosity and 
coagulability, as well as increased risk of myocardial infarction in patients with coronary artery 

disease. Chronic effects of repeated airway inflammation may also cause airway remodeling, leading 

to irreversible lung disease. Individuals with asthma and chronic obstructive pulmonary disease may 

be at even higher risk from repeated exposure to particulates (The EPA’s Particulate Matter (PM) 

Health Effects Research Center Program).

The Health Effects Institute confirmed the existence of a link between particulate matter and human 

disease and death (premature mortality). The data revealed that long-term average mortality rates, 

even after accounting for the effects of other health effects, were 17-26% higher in cities with higher 

levels of airborne PM (Health Effects of Particulate Air Pollution: What Does The Science Say?

Hearing before the Committee on Science, House of Representatives, 107th Congress of the U.S., 

second session, May 8, 2002). Data further reveal that every 10-microgram increase in fine 

particulates per cubic meter produces a 6% increase in the risk of death by cardiopulmonary disease, 

and an 8% increase for lung cancer. Even very low concentrations of PM can increase the risk of 

early death, particularly in elderly populations with preexisting cardiopulmonary disease (STAPPA 

and ALAPCO, Controlling Particulate Matter Under the Clean Air Act: A Menu of Options, July 

1996).

In 2007, the national estimated annual cost for chronic obstructive pulmonary disease $42.6 billion 

costs (American Lung Assoc., Trends in Chronic Bronchitis and Emphysema: Morbidity and 

Mortality, Epidemiology and Statistics Unit, Research and Scientific Affairs, September 2007). This 

cost includes direct health care expenditures of $26.7 billion, $8.0 billion in indirect morbidity costs 

and $7.9 billion in indirect mortality costs.

In Arizona, deaths attributable to asthma have equaled or exceeded national rates from 1991-1998. In 

1998, some 316,200 Arizonans suffered breathing discomfort or asthma related stress (Arizona 

Department of Health Services, Asthma Control Program, Office of Nutrition and Chronic Disease 

Prevention Services, October, 2002).

Maricopa County expects that a reduction in PM potentially will create commensurate cost-saving 

benefits to the general public by contributing towards reducing these emissions-related health 

problems. The amendments to Rule 313 will help improve the general quality of life for citizens of 

Arizona, particularly those residing near sources that will continue to have reduced PM emissions and 

other air pollutants associated with burn-oven incineration and during the ozone season from May 1 

to September 30 each year.

The amount of waste combusted in these units is generally small. The Maricopa County 2008 periodic 

PM10 emissions inventory that was developed to meet requirements set forth in Title I of the Clean 

Air Act Amendments of 1990 (CAAA) estimates that emissions in Maricopa County reported from all 

these burn-ovens is 0.06 tons for a year or 120 lbs. of emission for the total year.

Health benefits can be expressed as avoided cases of PM related-health effects and assigned a dollar 

value. EPA used an average estimate of value for each adverse-health effect of criteria pollutants. 

Table 6-1 contains valuation estimates from the literature reported in dollars per case of chronic 

bronchitis avoided. For example, Table 1 below shows a value of $401,000 (2006 dollars) per case of 

chronic bronchitis avoided. An individual’s health status and age prior to exposure impacts his/her 

susceptibility. At risk persons include those who have suffered a stroke or have cardiovascular 

disease. Some age cohorts are more susceptible to air pollution than others (i.e. children and the 

elderly).

Table 1. Monetized Adverse-Health Effects Avoided From Exposure to PM

Adverse Health Effect *

Per Case Valuation

(1990 dollars)

Per Case Valuation

(2006 dollars)

Mortality $4,800,000 $7,403,800 

Chronic bronchitis $260,000 $401,000 

Hospital admissions for respiratory conditions $6,900 $10,640 
Hospital admissions for cardiovascular conditions $9,500 $14,650 

Emergency room visits for asthma $194 $299 

Acute Bronchitis $45 $69 

Asthma attack $32 $49 

Moderate or worse asthma day $32 $49 

Acute respiratory symptom $18 $28 

Upper respiratory symptom $19 $29 

Lower respiratory symptom $12 $19 

Shortness of breath, chest tightness, or wheeze $5 $8 

Work loss day $83 $128 

Mild restricted activity day $38 $59

* An individual’s health status and age prior to exposure impacts his/her susceptibility. At risk persons 

include those who have suffered a stroke or have cardiovascular disease. Some age cohorts are more 

susceptible to air pollution than others, i.e., children and elderly. From U.S. EPA, 1999b. According to EPA, 

cost values of these illnesses tend to underestimate the true value of avoiding these adverse-health effects. 

Mean estimates of willingness-to-pay (WTP) were used to derive values, unless WTP values were not 

available, in which case, the cost of treating or mitigating the effects was used. The value of an avoided 

asthma attack, for example, would be a person’s WTP to avoid that symptom.

“Mortality” in Table 1 actually refers to statistical deaths, or inferred deaths due to premature 

mortality. The values have been adjusted for inflation. According to the Consumer Price Index for all 

urban consumers ( U.S. Department of Labor, Bureau of Labor Statistics), the purchasing power of the 

dollar has declined about 54 percent between 1990 and 2006.

A small decline in the risk for premature death will have a certain monetary value for individuals, and 

as such, they will be willing to pay a certain amount to avoid premature death. For instance, if PM 

emissions are reduced so that the mortality risk on the exposed population is decreased by one in onehundred thousand, then among 100,000 persons, one less person will be expected to die prematurely. If 

the average willingness-to-pay (WTP) per person for such a risk reduction were $75.00, the implied 

value of the statistical premature death avoided would be 7.5 million dollars.

 Potential Impacts to Small Businesses

The Maricopa county business community potentially affected by this proposed rule revision are those

business that use parts reclamation units in metal salvage operations to remove non-metallic coatings from 

metal parts. These parts reclamation units are considered to consistently produce minimal emissions 

due to the fact these sources are small and because of the type of operation. The reclamation process of 

removing outer materials from used parts and/or cleaning the used parts does not require the extreme 

conditions associated with waste disposal combustion. The materials removed from the covering of 

these used parts include paints, plastics, and polymers. This proposed rule revision will decrease 

business expenses while at the same time keep labor costs consistent.

These July 2010 proposed EPA combustion rules for major source boilers and commercial and 

industrial solid waste incinerators (CISWI) units had the potential to affect the requirements of 

Maricopa County Rule 313. Then in February, 2011, EPA announced that a parts reclamation unit 

would not be regulated under the new proposed combustion rules. Economic considerations were

paramount in that EPA decision to exclude smaller burn-off ovens from their proposed combustion 

rules. This EPA decision was a result of a review of data from more than 4,800 respondents received 

during the public comment period for the EPA proposed rules. EPA concluded from this datat that 

parts reclamation units were unfairly grouped with larger incinerators and boilers. Parts reclamation 

units are small sources and due to their function EPA determined that these sources have minimal 

emissions.

Removing smaller burn-ovens from the proposed EPA combustion rules mitigates the potential impact 

and costs on the nation’s burn-oven manufacturing sector. The cost and potential impact on jobs in the 

U.S. was also a consideration when EPA made this recommendation, so that the most reasonable and 

defensible rule could be finalized meeting the intentions of the Clean Air Act. The final EPA 

combustion standards will continue to achieve significant health benefits while being more practical 

and less costly to implement than the proposed standards would have been. EPA determined that given 

the compliance costs many of these ovens would simply shut-down and facilities may seek other 
alternatives. However, these alternatives are also costly and not necessarily better for the environment. 

Given the trivial emissions coming from these burn-off ovens, EPA found that this outcome would be 

unfortunate and unjustified thereby removing the smaller burn-off ovens and incinerators as subject to 

the EPA rules for larger commercial sources.

 Summary

The choice of a facility to operate a parts reclamation unit at night is voluntary. Nighttime combustion

is required by a facility to avoid product deformation of parts being reclaimed, so this amendment 

serves to increase flexibility for these industry operations. Adding the option to operate a parts 

reclamation unit at night without the purchase and installation of the COMS device saves a facility the 

substantial cost of purchasing a COMS unit. This additional production flexibility could decrease 

production costs to reclaim parts, reduce market costs of the particular product being reclaimed all of 

which adds an additional economic benefit for the facility.

This preliminary economic statement (EIS) was developed to estimate the impacts of the proposed 

amendments Rule 313. This impact statement, comprised of potential costs and benefits, represents 

only an estimate so Maricopa County welcomes input from small business stakeholders and any other 

organization on the administrative and other costs required for compliance with this proposed 

rulemaking, as well as any other information relevant to the economic, small business and consumer 

impact statement.

10. Name and address of department personnel with whom persons may communicate regarding the 

accuracy of the economic, small business and consumer impact statement:

Name: Kathleen Sommer

Maricopa County Air Quality Department, Planning and Analysis Division

Address: 1001 North Central Avenue, Suite 125

Phoenix, AZ 85004

Telephone: 602-506-0169

Fax: 602-506-6179

E-Mail: aqplanning@mail.maricopa.gov

11. Time, place, and nature of the proceedings for the rulemaking:

Written oral proceeding requests or written comments or both will be accepted until the record is closed on

February 6, 2012, 5:00 pm. Written oral proceeding requests or written comments or both may be mailed, 

e-mailed, or hand delivered to the department (see Item #4 of this notice). An oral proceeding will be 

scheduled only upon receipt of a written request before the record is closed on February 6, 2012, 5:00 pm. 

Written comments received during the comment period and before the record is closed on February 6, 

2012, 5:00 pm will be considered formal comments to the Notice of Proposed Rulemaking and will be 

responded to in the Notice of Final Rulemaking.

12. Any other matters prescribed by statute that are applicable to the specific department or to any 

specific rule or class of rules:

Not applicable

13. Incorporations by reference and their location in the rule:

EPA Reference Methods, American Society for Testing and Materials (ASTM) standards and other 

documents incorporated by reference in Rule 313:

Section 507.1: EPA Methods 1 through 5, or the EPA equivalent methods.

Section 507.2: EPA Performance Specification #1 (40 CFR 60, Appendix B).

Section 507.3: EPA Reference Method 9 as modified by EPA Reference Method 203 B.

Section 507.4: EPA Reference Method 22.

14. The full text of the rule follows:
REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS AND CREMATORIES

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 AFTERBURNER 

202 BURN-OFF OVEN 

203 COMBUSTIBLE REFUSE 

204 CONDITIONING PERIOD 

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

206 205 CREMATION

207 206 CREMATORY

208 207 ELECTRIC INDUCTION FURNACES FURNACE

209 208 FLUE

210 209 HOSPITAL WASTE

211 210 INCINERATION

214 211 MULTIPLE - CHAMBER STARVED AIR INCINERATOR

212 MEDICAL WASTE 

213 METAL SALVAGE OPERATIONS 

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

216 OPERATIONAL TEST 

215 PARTS RECLAMATION UNIT

217 216 PATHOLOGICAL WASTE

217 PYROLYSIS/COMBUSTION UNIT

218 RESIDENCE TIME 

SECTION 300 – STANDARDS

301 CONTROLS REQUIRED

302 EMISSIONS STANDARD – OPACITY

303 EMISSIONS STANDARD- PARTICULATES

304 NIGHT BURNING NIGHTTIME COMBUSTION

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL 

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS)

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING

502 OPACITY OBSERVATIONS
501.4 503 NIGHTTIME BURNING NIGHTTIME COMBUSTION

504 PREVENTATIVE MAINTENANCE LOG

501.5 505 ALTERNATE OPERATING CONDITIONS

506 PERFORMANCE TEST RESULTS

502 507 COMPLIANCE DETERMINATION – TEST METHODS

508 TEST METHODS INCORPORATED BY REFERENCE
Revised 07/13/88

Revised 04/07/93

Revised 09/22/04

Revised xx/xx/xx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS AND CREMATORIES

SECTION 100 – GENERAL

101 PURPOSE: To establish standards for limit particulate emissions from incinerators, burn-off ovens and 

crematories. and to limit particulate emissions from burning in these types of units.

102 APPLICABILITY: This rule applies to the following types of equipment and activities:

102.1 All incinerators except the incinerators those subject to:

a. Resource Conservation and Recovery Act (RCRA) : Subtitle C; or

b. Maricopa County Rule 317 (Hospital/Medical/Infectious Waste Incinerators) and of the 

Maricopa County Air Pollution Control Regulations waste or to Standards of Performance 

for Hospital/Medical/Infectious Waste Incinerators for Which Construction Is Commenced 

After June 20, 1996 (40 CFR Part 60, Subpart Ec); or

c. Standards of Performance for Commercial and Industrial Solid Waste Incineration Units 

for Which Construction Is Commenced After November 30, 1999 or for Which 

Modification or Reconstruction Is Commenced on or After June 1, 2001(40 CFR Part 60, 

Subpart CCCC); or

d. Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste 

Incineration Units that Commenced Construction On or Before November 30, 1999 (40

CFR Part 60, Subpart DDDD).

102.2 Burn-off ovens used in metal salvage operations or used to remove nonmetallic coatings from 

metal parts by the application of heat and that meet at least one of the following conditions:

a. Charge burning combustion capacity of greater than 25 lb. per hour; or

b. Internal oven volume greater than 1 cubic yard; or

c. Fuel burning capacity of primary chamber greater than 200,000 Btu/hr.

102.3 Crematories.

103 EXEMPTIONS: The following types of combustion equipment and activities are exempt from this rule:

103.1 Laboratory ovens;

103.2 Environmental test chambers;

103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600  ̊ F;

103.6 Electric induction furnaces; and

103.7 Burning-off of pre-cleaned items consisting entirely of metal and containing no debris visible to 

the naked eye. Pre-cleaning shall be done by flushing with water, solvent and/or mechanical 

means.

SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are 

used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply, in addition to 
those definitions found in Rule 100 (General Provisions and Definition) of these rules. In the event of any inconsistency 

between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence.

201 AFTERBURNER – The A heating device associated with an incinerator, burn-off oven or crematory that is 

designed to provide excess air and heat for complete combustion of the gases in the primary chamber so 

as to control particulate emissions.

202 BURN-OFF OVEN – A heating device used intended to remove materials such as oils, greases, paints, 

coatings, rubber, laquers lacquers, and insulation from other materials or parts by combustion or charring.

203 COMBUSTIBLE REFUSE – Any solid or liquid combustible waste material containing carbon in a free or 

combined state.

204 CONDITIONING PERIOD – A period of time (168 hours minimum) during which the COMS is operated 

without any unscheduled maintenance, repair, or adjustment prior to initiation of the operational test period.

205204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) – The total equipment necessary for the 

determination of opacity of emissions which provides a permanent, uninterrupted record of opacity 

readings.

206205 CREMATION – The technical process of reducing human or animal remains to bone fragments and ashes in 

a controlled retort or furnace using heat and/or flame. The reduction takes place through heat and 

evaporation. Cremation shall also include the processing and pulverization of the bone fragments.

207206 CREMATORY – A retort used for the cremation of remains (human or animal), body parts, and associated 

wrappings. This term may also be used to refer to an establishment wherein these remains are cremated. A 

crematory may be considered existing or new, dependent upon the date it was constructed. If it was 

constructed, modified, or commenced operation, including the contractual obligation to undertake and 

complete an order for a crematory, prior to September 22, 2004, then it is an existing crematory.

208207 ELECTRIC INDUCTION FURNACES FURNACE – A furnace or oven that is used to melt metals by use of 

electricity as the source of power or an alternating current electric furnace in which primary conductor is 

coiled and generates by electromagnetic induction a secondary current that develops within the metal 

charge.

209208 FLUE – A duct or passage, such as a stack or chimney, for air contaminants.

210209 HOSPITAL WASTE – Discards generated at a hospital or clinic, except unused items returned to the 

manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical 

parts that are intended for interment or cremation.

211210 INCINERATION – The process of burning combustion or pyrolysis involving the chemical reaction of 

combustible waste materials with air in which the primary purpose is the destruction and reduction in size 

and mass of the combustible material.

211 INCINERATOR – Any equipment used for the purpose of reducing the volume and mass by removing 

combustible matter by direct combustion or the combustion of waste gases from pyrolysis or gasification. 

Incinerator designs include single chamber and two-chamber. A two-chamber incinerator consists of two or 

more refractory lined combustion chambers in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts designed for maximum combustion of the material to be 
burned. An “incinerator” does not include devices such as open or screened barrels, drums, or process 

boilers.

211.1 Primary Chamber –The initial compartment of an incinerator wherein the majority of waste volume 

reduction or heat treatment occurs by combustion. Primary chambers are normally operated at 

lower temperatures than are secondary chambers or afterburners.

211.2 Secondary Chamber The compartment of an incinerator that operates at excess air conditions 

wherein destruction of gas-phase combustion products occurs. Passage ports, ducts, flues, 

chimneys, or stacks with burners shall not be considered controlled secondary chambers unless 

(1) the combustion zone exhibits design measures for the retention of the gas stream in the 

chamber, turbulence or mixing, and (2) there is an availability of excess air as determined by 

engineering analysis.

212 MEDICAL WASTE - Any non-gaseous waste, including infectious wastes, which is generated in the 

diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in 

production or testing of biological agents and substances. Medical waste does not include any wastes 

identified under subtitle C of the Resource Conservation and Recovery Act (RCRA) as hazardous or as 

household waste, but includes those pharmaceuticals which are not identified as hazardous by subtitle C of 

RCRA. Medical waste does not include human or animal remains, caskets, containers, clothing or 

wrappings from crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec. 

The definition of “medical waste” It does include includes, but is not limited to:

212.1 Cultures and stocks of infectious agents and human pathological waste;

212.2 Human blood and blood products, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes,;

212.5 Isolation wastes; and

212.6 Unused sharps, needles and syringes.

Medical waste does not include human or animal remains, caskets, containers, clothing or wrappings from 

crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec.

213 METAL SALVAGE OPERATIONS – Any source operation in which combustion or pyrolysis is carried on for 

the principal purpose, or with the principal result, of recovering metals which are introduced into the 

operation as essentially pure metals, or alloys thereof, by oxidation of physically intermingled combustible 

material. Operations in which there is a complete fusion of all such metals are not included in these types of 

operations such as in an electric induction furnace, are not considered “metal salvage operations” for the 

purpose of this rule.

214 MULTIPLE - CHAMBER STARVED - AIR INCINERATOR - Any incinerator consisting of two or more 

refractory lined combustion chambers in series, physically separated by refractory walls, interconnected by 

gas passage ports or ducts designed for maximum combustion of the material to be burned. 

214.1 Primary Chamber - Initial compartment wherein the majority of waste volume reduction or heat 

treatment occurs by combustion. Primary chambers are operated at lower temperatures than 

secondary chambers or afterburners. 

214.2 Secondary Chamber -Compartment which operates at excess air conditions wherein destruction 

of gas-phase combustion products occurs. Passage ports, ducts, flues, chimneys, or stacks with 

burners shall not be considered controlled secondary chambers unless the combustion zone 
exhibits design measures for the retention of the gas stream in the chamber, turbulence or 

mixing, and the availability of excess air as determined by engineering analysis.

215214 NIGHT BURNING NIGHTTIME COMBUSTION– Burning Combustion that occurs after sundown and before 

the following sunrise.

216 OPERATIONAL TEST PERIOD – A period of time (168 hours) during which the COMS is expected to operate 

within the established performance specifications without any unscheduled maintenance, repair or 

adjustment.

215 PARTS RECLAMATION UNIT- A burn-off oven that combusts only paints, lacquers, and varnishes off of 

items (e.g., tools and equipment) so that these items can be reconditioned and reused. A burn-off oven 

used to remove plastic, insulation or rubber from items shall not be considered a parts reclamation unit for 

the purpose of this rule.

217216 PATHOLOGICAL WASTE – Waste material that consists of only human or animal remains, anatomical parts 

and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if 

applicable).

217 PYROLYSIS/COMBUSTION UNIT – A combustion unit that produces gases, liquids, or solids through 

the heating of waste , and the gases, liquids, or solids produced are combusted and emissions vented 

to the atmosphere.

218 RESIDENCE TIME – The average time that gases spend in a defined space, also known as “ bulk gas 

average residence time ”.

SECTION 300 – STANDARDS

301 CONTROLS REQUIRED: No person An owner or operator shall comply with the following: burn any 

combustible refuse in any incinerator, within Maricopa County, or perform metal salvage operations, or 

remove materials utilizing a burn-off oven, or burn human or animal remains in a crematory, except using 

the following air pollution control equipment:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerator Incinerators shall 

consist of a be performed in a multiple-chamber incinerator that shall operate operates at

least at a minimum temperature of 1600F in the secondary chamber or afterburner, with a 

residence time of at least 1 second in the secondary chamber or afterburner during the period 

of combustion in order to destruct destroy the combustion products.

301.2 Burn-Off Ovens: Metal salvage operations or removal of materials utilizing a burn-off oven Burnoff ovens shall consist of shall employ an oven with at least two chambers. The secondary 

compartment or afterburner shall operate at a minimum temperature of at least 1400F with a 

residence time of at least 1/2 second during the period of combustion in order to destruct the 

combustion products.

301.3 Crematories: A crematory Crematories shall consist of an incinerator comprised of with at 

least two chambers. and that complies with the following conditions: For an existing 

crematory the secondary compartment or afterburner shall operate at a minimum temperature 

of at least 1400F with a residence time of at least 1 second during the period of combustion in 

order to destruct the combustion products. For a new crematory, the secondary compartment 

or afterburner shall operate at a minimum temperature of at least 1600F with a residence time 

of at least 1 second during the period of combustion in order to destruct the combustion 
products. The burner in the primary chamber shall not be ignited until the secondary chamber 

combustion zone temperature is equal to or greater than 800F for existing crematories and 

1000F for new crematories.

a. For an existing crematory the burner in the primary chamber shall not be ignited until the 

secondary chamber combustion zone temperature is equal to or greater than 800F. The 

secondary compartment or afterburner shall operate at a minimum temperature of at least 

1400F with a residence time of at least 1 second during the period of combustion in 

order to destruct the combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited until the 

secondary chamber combustion zone temperature is equal to or greater than 1000F. The 

secondary compartment or afterburner shall operate at a minimum temperature of at least 

1600F with a residence time of at least 1 second during the period of combustion in 

order to destruct the combustion products.

301.4c. Alternate Operating Conditions: If the manufacturer’s optimum design specifications for 

the minimum temperature or residence time of a secondary chamber or afterburner at 

existing crematories are different than from the temperatures or residence times set forth 

in Sections 301.1, 301.2 or 301.3 Section 301.3 (a) of this rule, the manufacturer’s 

specifications may be used instead, providing that the owner or operator demonstrates 

compliance according to with the test methods listed in Section 504 507 of this rule.

301.5d. Additional Operating Conditions for Cremating Large Bodies: Alternate operating 

temperatures and special procedures may be required for the cremating cremation of 

large bodies (over 300 lbs.) that are different than from the temperatures or residence 

times in the afterburner set forth in Sections 301.1, 301.2 or Section 301.3 of this rule. 

These alternate times and temperatures may be used, followed when cremating large 

bodies, provided providing that the owner or operator demonstrates compliance with the 

test methods listed in Section 504 507 of this rule.

302 EMISSIONS STANDARD – OPACITY: Notwithstanding the provisions of Regulation III, Rule 300 (Visible 

Emissions), no person An owner or operator shall not cause, suffer, or allow or permit the emissions 

into the atmosphere from any incinerator, burn-off oven, or crematory, for an aggregate of more than 30 

seconds in any 60 minutes, for any air contaminant that exceeds 20 percent opacity (Section 507.3 of 

this rule).

303 EMISSIONS STANDARD- PARTICULATES: No person An owner or operator shall not cause, suffer,

allow, or permit the emission into the atmosphere from any incinerator, burn-off oven, crematory, 

particulate matter which exceeds 0.080 grain per cubic foot of dry flue gas at standard conditions 

adjusted to 7 percent oxygen (O2) in the exhaust gases and calculated as if no auxiliary fuel had been 

used. particulate matter emissions into the atmosphere from any incinerator, burn-off oven, or 

crematory, which exceed 0.080 grain per cubic foot of dry flue gas at standard conditions adjusted to 

7% oxygen (O2) in the exhaust gases and calculated as if no auxiliary fuel had been used.

304 NIGHT BURNING NIGHTTIME COMBUSTION: If an An owner or operator who chooses to perform

burning at conduct combustion operations shall comply with the following conditions shall be met:

304.1 Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation Unit:
No owner or operator of an incinerator, burn-off oven or crematory shall conduct burning after 

sundown and before sunrise unless a A Continuous Opacity Monitoring System (COMS) is 

operating shall be operated at all times during night burning nighttime combustion operations 

and shall comply with the following conditions:

304.2 a. The COMS shall be calibrated and maintained in accordance with EPA Performance 

Specification # 1, described in Section 507.2 of this rule and shall be calibrated at least 

once per day if night burning is conducted. The COMS shall be located downstream from 

all particulate control equipment, where condensed water is not present, free of 

interference from ambient light (applicable only if transmissometer is responsive to 

ambient light) and accessible in order to permit routine maintenance in accordance with 

EPA Performance Specification #1 the test method described in Section 507.2 of this rule.

304.3 b. No night burning shall be conducted until the owner or operator insures that a properly 

trained COMS operator is present at all times. A properly trained COMS operator shall be 

present at all times during nighttime combustion operations. The operator shall be 

trained in the proper operation and maintenance of the COMS as well as the shutdown

procedures of the incinerator, crematory or burn-off oven incinerator, burn-off oven, or 

crematory. Therefore if the COMS registers opacity readings that are above higher than

the opacity limitations in Section 302 of this rule, then the operator has the authority and 

capability to shut down the operation.

304.2 Parts Reclamation Unit: An owner or operator of a parts reclamation unit who chooses to 

conduct nighttime combustion operations without the installation and operation of a COMS 

shall:

a. Not cause, allow or permit any visible emissions during combustion during the 

nighttime; and

b. Conduct visible emissions observations in compliance with the test method described in 

Section 507.4 of this rule at least once per hour during each nighttime combustion cycle; 

and

c. Operate and maintain the parts reclamation unit in accordance with the manufacturer’s 

operations and maintenance manual or other similar written materials supplied by the 

manufacturer or distributor of the unit to ensure the unit remains in proper operating 

condition.

d. Operate exclusively with parts reclamation units with an inside stack diameter less than 

10 inches.

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND MAINTENANCE 

(O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED 

EMISSION CONTROL SYSTEM (ECS): Any person incinerating or otherwise processing particulate 

emissions pursuant An owner or operator subject to this rule operating an ECS shall provide, properly 

install and maintain in calibration, in good working order and in operation the air pollution control 

equipment required by this rule. This includes the following:

305.1 Provide and maintain devices that indicate temperatures, pressures, rates of flow, or other 

operating conditions necessary to determine if the air pollution control equipment is 

functioning properly and is properly maintained.
305.2 Records shall be kept pursuant Keep records according to Section 501 of this rule that 

demonstrate that the air pollution control equipment meets the overall control standards 

required in Section 300 of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan If if the air pollution control equipment 

consists of additional equipment other than an afterburner, such as a baghouse or venturi 

scrubber then an Operation and Maintenance (O&M) Plan shall be submitted for approval to 

the Control Officer for each additional control system according to the following O&M Plan 

Requirements for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily available onsite at all times (an) O&M Plan(s) for any ECS and any ECS monitoring devices that are 

used under this rule or an air pollution control permit.

b. An owner or operator subject to this rule shall submit to the Control Officer for review an 

O&M Plan(s) for any (ECS) including an ECS monitoring device that is required by this 

rule or required under an air pollution control permit.

c. An owner or operator subject to this rule operating an ECS shall install, maintain and 

accurately calibrate monitoring devices listed in the O&M Plan(s) including, but not 

limited to, monitoring devices that measure pressure differentials and other operating 

conditions necessary to determine if control devices are functioning properly.

d. An owner or operator who is required to have an O&M Plan for any ECS including any 

ECS monitoring devices must fully comply with all elements of an O&M Plan(s) including, 

but not limited to, every action, schedule, and condition identified in each O&M Plan.

e. An O&M Plan for any ECS including any ECS monitoring devices shall include all of the 

following information:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator subject to 

this rule assigns to such ECS equipment when the manufacturer’s equipment 

identification number is unknown and;

(4) Any other information required by Section 501 of this rule.

f. The owner or operator subject to this rule, who receives a written notice from the Control 

Officer that an O&M Plan for any ECS including any ECS monitoring devices is deficient 

or inadequate, must make written revisions to the O&M Plan. The revised O&M Plan must 

be submitted to the Control Officer within five working days of receipt of the Control 

Officer’s written notice, Such time period can be extended by the Control Officer, upon 

written request and for good cause. During the time that such owner or operator subject 

to this rule is preparing revisions to the O&M Plan, such owner or operator shall still 

comply with all requirement of this rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE: An owner or operator subject to this rule shall must meet all applicable 

provisions of this rule by September 22, 2005. In addition:

401.1 An owner or operator subject to this rule shall must inform the Control Officer of the intention to 

use any additional equipment to control emissions other than an afterburner by March 22, 2005.

401.2 An owner or operator who plans to burn at night shall ensure that the COMS is installed properly 

according to design specifications, calibrated, and operated for a conditioning period of at least 
168 hours minimum and an operational test period of 168 hours before night burning is 

performed.

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING: Recordkeeping requirements shall include the following types of information: An owner 

or operator subject to this rule shall maintain the records listed below and shall retain these records for 

five years. These records shall be kept on-site in written or electronic format, in a complete and 

consistent manner. Written or electronic copies shall be made available to the Control Officer upon 

request. An owner or operator shall keep the following daily records:

501.1 Times of operation; 

501.2 Chamber temperatures: Chamber temperatures shall include operating temperatures for the 

secondary chamber as well as secondary chamber temperature at the time of the ignition of 

the primary chamber. 

501.3 Weight of the materials incinerated shall be determined as follows:

501.1 a. Incinerators: Total weight charged; 

Daily records of the type of material to be incinerated, total weight charged, chamber 

temperatures (secondary chamber temperature at the time of the ignition of the primary 

chamber and the secondary chamber operating temperature) and dates and times of the 

day that the incinerator is operating. 

501.2 Burn-Off Ovens: Daily records of the type of material to be burned, chamber temperatures 

(secondary chamber temperature at the time of the ignition of the primary chamber and the 

secondary compartment operating temperature) and dates and times of the day that the burnoff oven is operating. 

501.3 b. Crematories: 

(1) Human Crematories: Account for the numbers of bodies cremated; or

(2) Animal Crematories: Account for either the number and type of remains charged or 

the weight of the animal(s) charged; or

(3) Large Bodies: If a human or animal crematory combusts a large body (over 300 lbs.), 

the approximate weight of the body and any alternative operating conditions shall be 

recorded.

Daily records of the number of bodies cremated, chamber temperatures (secondary 

chamber temperature at the time of the ignition of the primary chamber and the 

secondary compartment operating temperature) and dates and times of the day that 

the crematory is operating. The owner or operator of an animal crematory shall 

account for either the weight of the animal charged or the number and type of 

remains charged. In addition, if a human or animal crematory burns a large body 

(over 300 lbs.), the approximate weight of the body and the operating conditions 

shall be noted.

502 OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity observations used to 

measure visible emissions from activities regulated by this rule. The records shall be compiled, 

maintained, and retained for each day or night that any activity capable of generating emissions is 

conducted. These written records shall include the following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and
502.3 Corrective action(s) taken, if any.

501.4 503 NIGHT BURNING NIGHTTIME COMBUSTION: If Night burning is conducted the owner or operator shall:

An owner or operator conducting nighttime combustion operations shall comply with the following 

requirements:

503.1 Nighttime Combustion with a COMS:

a. Maintain a continuous record of opacity readings generated by the COMS. Records shall 

include all times that the meter is running properly. Records shall also indicate when the 

instrument is inoperative or has been adjusted or repaired.

b. The Record the date and time identifying each period during which the COMS was 

inoperative, except for zero and span checks, and the nature of system repair or 

adjustment shall be reported. The Control Officer may require request proof of COMS 

performance whenever system repairs or adjustments, other than routine maintenance, 

have been made.

c. A Maintain a file of all data collected by the COMS or and as necessary to convert 

monitoring data to the units of the applicable standard as described for compliance with 

Section 507.3 of this rule.

503.2 Nighttime Combustion without a COMS – Parts Reclamation Unit: Maintain records of the 

visible emissions observations taken at night during each combustion cycle for each parts 

reclamation unit as required by Section 507.4 of this rule. These records shall include the 

following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.

504 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive maintenance activities 

performed on all equipment or ECS subject to this rule.

501.5505 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any alternate

operating conditions including temperatures and residence times, as stated in required by Sections 

301.4 301.3(c) and 301.5 301.3(d) of this rule, if used.

506 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust stack 

performance tests. Such written records shall include the following information:

506.1 Date, start and end times, and location of all performance tests; and

506.2 Results of all tests; and

506.3 Corrective action(s) taken, if necessary.

502507 COMPLIANCE DETERMINATION – TEST METHODS: When more than one test method is permitted for a 

determination, of determining an exceedance of the limits established in this rule, then any exceedance

determined by using any one of the following applicable test methods shall constitutes constitute a 

violation of this rule.

502.1 507.1 For determining Determination of total particulate matter, EPA Methods 1 through 5, or the EPA 

alternatives equivalent methods listed in Sections 507.3 and 507.4 of this rule approved by the 

Control Officer, shall be used. Both carbon dioxide and oxygen measurements shall be obtained 

simultaneously with each Method 5 run.
502.2 507.2 Determination of visible emissions compliance shall be made by a certified emissions observer or 

by a continuous emission monitor which is maintained and calibrated in accordance with EPA 

Performance Specification #1 (40 CFR, Part 60, Appendix B). The observer shall be qualified as an 

expert visible emissions evaluator and so certified by the Arizona Department of Environmental 

Quality or by any other agency that is acceptable to the Control Officer.

507.3 Opacity shall be determined by observations of visible emissions conducted in accordance with 

EPA Reference Method 9 as modified by EPA Reference Method 203 B.

507.4 The presence or absence of visible emissions shall be detected using EPA Reference Method 22.

508 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of 

Federal Regulations (CFR) are incorporated by reference in Appendix G of the Maricopa County Air 

Pollution Control Rules and Regulations.

______________________________________________

A p p e n d i x 2





NOTICE OF FINAL RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313: INCINERATORS, BURN-OFF OVENS, AND CREMATORIES

PREAMBLE

1. Rule affected Rulemaking action

Rule 313: Incinerators, Burn-Off Ovens, and Crematories Amend

2. Statutory authority for the rulemaking:

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing statute: A.R.S. § 49-112

3. Effective date of the rule:

Date of adoption: May 9, 2012

4. List of all previous notices appearing in the Register addressing the rulemaking:

Notice of Rulemaking Docket Opening: 18 A.A.R. 23, January 6, 2012 

Notice of Proposed Rulemaking: 18 A.A.R. 7, January 6, 2012 

5. Name and address of department personnel with whom persons may communicate regarding the 

rulemaking:

Name: Kathleen Sommer

Maricopa County Air Quality Department

Planning and Analysis Division

Address: 1001 N Central Avenue, Suite 125

Phoenix, Arizona 85004

Telephone: 602-506-0169

Fax: 602-506-6179

E-Mail: aqplanning@mail.maricopa.gov

6. Explanation of the rule, including the department’s reasons for initiating the rulemaking:

Background: Rule 313 limits particulate emissions from incinerators, burn-off ovens, and crematories. 

Rule 313 was revised on September 22, 2004, to update rule language and recognize newer technology, a 

continuous opacity monitoring system (COMS), which could permit incinerator operation at night. 

The new COMS requirement for nighttime operations was included in the 2004 routine permit renewal for 

an industrial electric motor/engine reclamation business. This stakeholder did not have a COMS installed 

on the stack of their parts reclamation unit, which is a specific type of burn-off oven. The new permit 

requirement to install a COMS for nighttime operations prohibited the stakeholder from using their parts 

reclamation units for 16–18 hours per day, which their operations required to avoid product deformation. 

Consequently, they requested the Maricopa County Air Quality Department (department) approve their 

nighttime operations without installing a COMS. The stakeholder reported that a 10 inch or greater stack 

diameter was necessary for the COMS installation and their parts reclamation unit stack diameter was 

smaller than the 10 inches required for this COMS installation. Their stack was not out of the ordinary 

because most typical parts reclamation unit stack diameters are reported to be less than 10 inches in 

diameter. Since the stakeholder’s parts reclamation unit stack was smaller than that required for a COMS 

installation, such a provision would require extensive retrofitting operations and a custom engineering 

application, which could impose significant additional costs for their business.

In their request to the department, the stakeholder provided data from performance tests conducted on their 

parts reclamation unit by Applied Environmental Consultants, Inc. (AEC) on June 25, 2009. Such performance test data demonstrated that operating a parts reclamation unit for 16–18 hours per day without a 

COMS produced no visible emissions (well below the 20% opacity limit required by the rule). The stake-
holder indicated that these results, i.e., no visible emissions from nighttime operations without a COMS, 

were comparable to those from tests conducted on some 6,000 similar units, as reported by the manufacturer.

After the department reviewed the stakeholder’s performance test data, the department determined that 

nighttime operations by the stakeholder, if conducted without a COMS, would not interfere with previously 

achieved emissions reductions, provided two conditions were met: (1) the stakeholder produce no visible 

emissions during the nighttime operations or during performance testing and (2) the stakeholder conduct 

visible emissions observations at least once per hour during each nighttime combustion cycle. On November 4, 2009, the department issued Conditional Order 2009-002, which allowed the stakeholder to conditionally operate its parts reclamation unit after sundown without requiring the installation of a COMS, a 

deviation from the requirements of Maricopa County Air Pollution Control Regulation III, Rule 313, 

Section 304.1. Conditional Order 2009-002 will expire on November 4, 2012.

In March, 2010, the department began a rulemaking process to revise Rule 313 to allow parts reclamation 

units with stack diameters less than 10 inches to operate after sundown without installing a COMS. In 

April, 2010, the U.S. Environmental Protection Agency (EPA) proposed three new combustion rules for 

major source boilers and commercial and industrial solid waste incinerator (CISWI) units, which would 

establish new source performance standards (NSPS) and emission guidelines (EG) for new and existing 

combustion sources. These proposed EPA rules, regulating the emissions of particulates and hazardous air 

pollutants (HAPS) from combustion operations under §§112 and 129 of the Clean Air Act, had the potential to affect Maricopa County Rule 313, because these rules contained more stringent limits and requirements for combustion sources than that required in Rule 313. In February, 2011, after reviewing more than 

4,800 comments received during its rulemaking public comment period, the EPA determined that smaller 

burn-off ovens, such as parts reclamation units, were unfairly grouped with larger commercial incinerators 

and boilers and would not be subject to the proposed EPA combustion rules. Consequently, the department

resumed the rulemaking process for Rule 313.

During the rulemaking process, the department held one public workshop and received two written comments from stakeholders. The issues that were raised and discussed during this rulemaking process can be 

categorized as follows:

 Documentation required to determine the absence of visible emissions during nighttime operations

 Conditions to qualify for an exception from the COMS requirement

 Definition of “pyrolysis/combustion unit”

 Requirements for COMS unit calibration

Details about these issues are described below. Following such discussion is a description of the 

amendments to Rule 313.

Issues Raised and Discussed During This Rulemaking Process:

Documentation Required to Determine the Absence of Visible Emissions During Nighttime Operations:

During the public workshop, stakeholders asked the department to clarify how a source should document 

the absence of visible emissions during nighttime operations. Stakeholders expressed concern because 

opacity measurements, determined with EPA Reference Method 9, are difficult to collect during the 

nighttime.

The department considered the issue and included in Rule 313 the updated EPA Reference Method 9, 

which measures opacity, and EPA Reference Method 22, which measures the presence or absence of 

visible emissions. Also, the department clarified the condition requiring an operator monitor visible 

emissions at night by cross-referencing such requirement to the section in Rule 313 that specifies EPA 

Reference Method 22.

Conditions to Qualify for an Exception From the COMS Requirement: During the public workshop, stakeholders asked the department what equipment was required in order to qualify as an exception from the 

COMS requirement.
The department considered the question and included in Rule 313 a provision that a parts reclamation unit 

may be operated at nighttime without a COMS provided the following conditions are met: there are no 

visible emissions during nighttime operations, visible emissions observations are conducted at least once 

per hour during each nighttime combustion cycle, the parts reclamation unit is operated and maintained in 

accordance with the manufacturer’s operations and maintenance manual, and the parts reclamation unit has 

an inside stack diameter of less than 10 inches.

Definition of “Pyrolysis/Combustion Unit”: In June 2011, a stakeholder who is a producer of commercial 

fuel oil recovered from used motor oil filters with a process of pyrolysis incineration, submitted a formal 

request to the department proposing that pyrolysis incineration should not be subject to Rule 313, because 

pyrolysis incineration combusts with very small quantities of air.

The department considered the request and determined that pyrolysis incineration has been and will continue to be subject to Rule 313. Historically, the department has interpreted the definition of “incineration” 

to include pyrolysis incineration; therefore, pyrolysis incineration was subject to Rule 313. To clarify this 

issue, the department added a definition of “pyrolysis/combustion unit” to Rule 313, which corresponds 

with EPA’s definition of a“[municipal waste] pyrolysis/combustion unit” (60 FR 65382, December 19, 

1995).

Requirements For COMS Unit Calibration: During this rulemaking process, stakeholders asked if deleting 

the administrative requirement in Section 400 eliminated requirements to properly install a COMS, which 

includes calibration and operation for a conditioning period of at least 168 hours minimum and a testing 

period of 168 hours before any nighttime operations are performed.

The department considered the question and determined that eliminating the administrative requirement, 

i.e., the compliance schedule, only eliminates a redundancy in the previous version of the rule. The 

requirements to properly install, calibrate, operate, and test a COMS remain in Rule 313.

Description of Proposed Amendments: The amendments approved in Rule 313 can be categorized as 

follows:

 To revise parts reclamation unit nighttime operation requirements

 To revise the requirements for filing an Operations & Maintenance (O&M) Plan 

 To revise administrative requirements

 To revise monitoring and records requirements

Details about these proposed amendments are described below.

To revise parts reclamation unit nighttime operation requirements: The amendments made the following 

changes to Rule 313:

 Section 215 – Parts Reclamation Unit: Added a new definition, for “parts reclamation unit”. The 

term as defined is specific to only one type of burn-off oven, a parts reclamation unit with a stack 

diameter less than 10 inches that is used only to remove paints, lacquers, and varnishes from items 

(e.g., tools and equipment) so that these items can be reconditioned and reused.

 Section 304 – Nighttime Combustion: Delineated the different requirements for nighttime 

operations in an incinerator, crematory, or burn-off oven as opposed to the parts reclamation unit. 

A COMS is required to be installed when operating incinerators, crematories, or burn-off ovens at 

night, whereas a parts reclamation unit operating during the nighttime is not required to operate 

with a COMS installation. However, hourly visible emissions observations must be made of the 

parts reclamation unit operating during the nighttime to confirm that there are no visible emissions 

from the operation.

 Section 503 – Nighttime Combustion: Revised recordkeeping requirements incorporating 

additional recordkeeping requirements for nighttime operations without a COMS.

To revise the requirements for filing an Operation & Maintenance (O&M) Plan: These amendments made 

the following changes to Rule 313:

 Section 305 – Requirements for Air Pollution Control Equipment: Added and updated 

requirements for sources subject to filing an O&M Plan for an Emission Control System (ECS). 
The additions provide greater O&M Plan consistency and update this rule to be consistent with 

other department rules.

To revise administrative requirements: The amendments made the following changes to Rule 313:

 Section 401.1 – Compliance Schedule: Deleted an obsolete requirement and a transpired date for 

the requirement.

 Section 401.2 – Compliance Schedule: Deleted the redundant listing of a requirement (COMS 

calibration) referenced in another section of the rule (Section 507.2).

 Section 501 – Recordkeeping: Revised the daily recordkeeping requirements for incinerators, 

burn-off ovens and crematories operations.

 Section 506 – Performance Test Results: Added recordkeeping requirements for the performance 

test results.

To revise monitoring and records requirements: The amendments made the following changes to Rule 313:

 Section 502 – Opacity Observations: Revised opacity observation recordkeeping requirements. 

These requirements are specific to EPA Reference Method 9 and are modified by EPA Reference 

Method 203B. 

 Section 507 – Compliance Determination – Test Methods: Corrected and updated the compliance 

determination test methods including the opacity and visible emissions tests methods 9 and 22 

respectively.

 Section 508 – Test Methods Incorporation by Reference: Added the incorporation by reference or 

additional EPA Reference Methods.

The department also corrected typographical or other clerical errors; made minor grammatical changes to 

improve readability or clarity; modified the format, numbering, order, capitalization, punctuation, or syntax 

of certain text to increase standardization within and among rules; and made other minor changes of a 

purely editorial nature. As these amendments do not alter the sense, meaning, or effect of the rule, they are 

not described in detail here, but can be readily discerned in the “strikeout and underline” version of the rule 

contained in Item #17 of this notice.

7. Demonstration of compliance with A.R.S.§ 49-112:

A.R.S. § 49-112(A): When authorized by law, a county may adopt a rule, ordinance, or other regulation 

that is more stringent than or in addition to a provision of this title or rule adopted by the director or any 

board or commission authorized to adopt rules pursuant to this title if all the following conditions are met:

 The rule, ordinance or other regulation is necessary to address a peculiar local condition.

 There is credible evidence that the rule, ordinance or other regulation is either:

a. Necessary to prevent a significant threat to public health or the environment that results from 

a peculiar local condition and is technically and economically feasible.

b. Required under a federal statute or regulation, or authorized pursuant to an intergovernmental 

agreement with the federal government to enforce federal statutes or regulations if the county 

rule, ordinance or other regulation is equivalent to federal statutes or regulations.

Revisions to Rule 313 were necessary to address the EPA-designated serious nonattainment for the PM10

24-hour standard for the Phoenix Area. This serious nonattainment status is peculiar to the Phoenix area 

local conditions because Maricopa County has failed to meet the National Ambient Air Quality Standards 

for both ozone and particulates therefore makes A.R.S. § 49-112(A)(1) and (2) applicable to this rule 

revision.

The department revised Rule 313 to reduce PM10 emissions in Maricopa County, which will help alleviate 

the serious health threat and associated health consequences resulting from poor air quality while at the 

same time remove unnecessary restrictions on business operations.

8. Reference to any study relevant to the rule that the department reviewed and either proposes to rely 

on in its evaluation of or justification for the rule, where the public may obtain or review each study, 

all data underlying each study, and any analysis of each study and other supporting material:

User Manual: U.S. Environmental Protection Agency's Continuous Emission Monitoring Cost Model, 

Version 3.0. This document may be found electronically at www.epa.gov/ttnemc01/cem/userman.pdf;
The EPA’s Particulate Matter (PM) Health Effects Research Center Program, prepared by PM Centers Program staff, January 2002: Particulate Matter Research Centers Program Advisory Report: An SAB Advisory Report.

U.S. EPA, “The Benefits and Costs of the Clean Air Act 1990 to 2010,” Chapter 5, “Human Health Effects 

of Criteria Pollutants,” Table 5-1, Report to Congress, November 1999. Document available by contacting 

the person listed in Item #5 of this notice.

Applied Environmental Consultants, Inc. (AEC), Performance test data conducted on 6000 operating parts 

reclamation units, June 25, 2009. Document available by contacting the person listed in Item #5 of this 

notice.

9. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will 

diminish a previous grant of authority of a political subdivision:

Not applicable

10. Summary of the economic, small business, and consumer impact:

 Rule Identification

This rulemaking revised Rule 313 (Incinerators, Burn-Off Ovens and Crematories).

 Summary

The amendments to Rule 313 provide additional flexibility for the operation of a parts reclamation 

unit and should reduce confusion, improve understanding and readability of the rule. Even though 

the amendments provide additional options for burn-off oven operations, at the same time the 

provisions maintain compliance with federal and state laws. Details of the amendments found in 

this rule are described under Item #6 of this notice.

Maricopa County businesses potentially affected by these rule revisions are those that use burn-off 

ovens in metal salvage operations or remove non-metallic coatings from metal parts by the 

application of heat. The incremental costs of combustion operations for the regulated community 

could be significantly decreased by these rule amendments. The benefits offset the minimal 

increases in costs of operations that are required by the amendments. Minimal cost increases 

include additional performance testing for facilities that chose to operate during the night without 

the required COMS. The costs of the additional performance tests required for both the regulators 

and the facility are minimal compared to the savings realized by the business that can operate at 

night without purchasing the previously required COMS unit. The net effect of savings from the 

elimination of the COMS purchase and the costs of additional performance test requirements equal 

cost savings for the facilities. Also, man-hours required for monitoring additional performance 

tests and recordkeeping are not significantly increased for the regulator’s inspectors and test 

engineers as they are already conducting these inspections and tests in the field.

 Costs

Use of burn-oven incinerators during nighttime operations is voluntary and inclusion of this option 

in the county rule led to the 2004 Rule 313 revisions. In order to assure that continuous 

compliance with emission standards during nighttime combustion are maintained, the COMS 

requirement was introduced.

Costs of the COMS

The costs to purchase a COMS unit are estimated at $25,000 and do not include the additional 

costs incurred for routine monitoring and initial installation. These additional costs total $10,000-

$25,000 during the first year. Employee hourly costs to maintain the COMS unit each year are 

estimated at 8-10 man hours per week and training to operate and calibrate the COMS is estimated 

at $1800 per employee; (this includes travel, accommodations and a 2-day training course). Cost 

information was obtained from an EPA document entitled "User Manual: U.S. Environmental 

Protection Agency's Continuous Emission Monitoring Cost Model, Version 3.0".

This revised Rule 313 amends the nighttime combustion option and provides greater flexibility for 

the parts reclamation unit operators that chose to operate at night without installing a COMS. The 
facility savings includes: (1) costs of the COMS unit estimated to be in excess of $40,000.00 and 

(2) facility staff, who do not have to be trained to operate and maintain the COMS monitor. The 

amount of time required to train employees to monitor and keep records of nighttime operations 

requires approximately the same amount of time (labor hours) to train employees to operate and 

monitor a COMS unit. Labor-hours required for both options cancel resulting in no discernible 

changes in facility costs incurred. Overall, the financial benefits or savings to the business are 

significant yet there are negligible changes in personnel costs to the facility or society to 

implement this amendment.

Specifically this rule requires only a small amount of man hours daily per facility to manually 

collect records to replace the COMS monitoring. Estimated labor-hours are 1–2 hours per week

averaged over a year. The additional 1-2 weekly hours needed for recordkeeping is offset by the of 

8-10 hours per week savings from eliminating the need for COMS maintenance. Labor costs are 

estimated at $16-$30 per hour depending upon the classification of the employee who performs 

the recordkeeping or maintenance. The estimated savings in labor range from $4,500–9,000 per 

year in addition to the savings of the initial COMS purchase and installation.

The department’s compliance costs (regulators) will not change significantly as there are currently 

inspectors in the field visiting these sources, monitoring recordkeeping and conducting 

performance tests. The increase in department workload for performance testing is minimal and 

the facility will save costs by the equipment cost reduction and labor cost reductions.

 Emissions

Crematories are not affected by this rule revision because human and animal crematories are 

incinerators that are not permitted to combust during the nighttime without a COMS unit. Only

parts reclamation units are permitted to operate at night.

The overall intent of the CAA provisions is that section 129 combustion rules apply mostly to 

devices conventionally regarded as incinerators, that is, devices combusting wastes in order to 

destroy the wastes. For purposes of promulgating regulations, it is particularly important to 

distinguish between a commercial and industrial solid waste incinerator that destroys wastes and a 

parts reclamation unit whose function is to clean residual materials off of various metal parts, for 

salvage and then are reused. Less than 20 facilities with burn-off ovens have permits in Maricopa 

County and none of those facilities are total destruction waste incinerators, rather they are burn-off 

oven units or parts reclamation units that are intended for salvage purposes only. These latter parts 

reclamation units are typically small (<1 MMBtu/hr) combustion units that are used to clean 

residual materials off of various metal parts, which are then reused. These small parts reclamation 

units are found to emit minimal emissions. The Maricopa County 2008 periodic PM10 emissions 

inventory that was developed to meet requirements set forth in Title I of the Clean Air Act 

Amendments of 1990 (CAAA) estimates that emissions in Maricopa County reported from all 

types of facilities with incinerators is 0.06 tons for a year or 120 lbs. of emissions total for the 

year.

 Health Impacts

No health impacts are anticipated as the rule merely provides flexibility in how compliance with 

existing standards is demonstrated for parts reclamation units.

 Potential Impacts to Small Business

The Maricopa county business community potentially affected by this rule revision are those 

business that use parts reclamation units in metal salvage operations to remove non-metallic coatings 

from metal parts. These parts reclamation units are considered to consistently produce minimal 

emissions due to the fact these sources are small and because of the type of operation. The 

reclamation process of removing outer materials from used parts and/or cleaning the used parts 

does not require the extreme conditions associated with waste disposal combustion. The materials 
removed from the covering of these used parts include paints, plastics, and polymers. This rule 

revision decreases business expenses while at the same time keep labor costs consistent.

11. The name and address of department personnel with whom persons may communicate regarding the 

accuracy of the economic, small business, and consumer impact:

Name: Kathleen Sommer

Maricopa County Air Quality Department

Planning and Analysis Division

Address: 1001 N Central Avenue, Suite 125

Phoenix, Arizona 85004

Telephone: 602-506-0169

Fax: 602-506-6179

E-Mail: aqplanning@mail.maricopa.gov

12. Description of the changes between the proposed rule, including supplemental notices and final rule:

No changes were made to the proposed rule

13. Summary of the comments made regarding the rule and the department response to them:

No comments were received during the comment period

14. Any other matters prescribed by statute that are applicable to the specific department or to any 

specific rule or class of rules:

Not applicable

15. Incorporations by reference and their location in the rule:

EPA Reference Methods, American Society for Testing and Materials (ASTM) standards and other documents incorporated by reference in Rule 313:

Section 507.1: EPA Methods 1 through 5, or the EPA equivalent methods.

Section 507.2: EPA Performance Specification #1 (40 CFR 60, Appendix B).

Section 507.3: EPA Reference Method 9 as modified by EPA Reference Method 203 B.

Section 507.4: EPA Reference Method 22.

16. Was this rule previously an emergency rule?

No

17. Full text of the rule follows:
REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS AND CREMATORIES

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 AFTERBURNER 

202 BURN-OFF OVEN 

203 COMBUSTIBLE REFUSE 

204 CONDITIONING PERIOD 

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) 

206 205 CREMATION

207 206 CREMATORY 

208 207 ELECTRIC INDUCTION FURNACES FURNACE

209 208 FLUE 

210 209 HOSPITAL WASTE 

211 210 INCINERATION 

214 211 MULTIPLE - CHAMBER STARVED AIR INCINERATOR 

212 MEDICAL WASTE 

213 METAL SALVAGE OPERATIONS 

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

216 OPERATIONAL TEST PERIOD

215 PARTS RECLAMATION UNIT

217 216 PATHOLOGICAL WASTE 

217 PYROLYSIS/COMBUSTION UNIT

218 RESIDENCE TIME 

SECTION 300 – STANDARDS

301 CONTROLS REQUIRED
302 EMISSIONS STANDARD – OPACITY

303 EMISSIONS STANDARD- PARTICULATES

304 NIGHT BURNING NIGHTTIME COMBUSTION

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND 

MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL 

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS)

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING

502 OPACITY OBSERVATIONS

503 NIGHTTIME COMBUSTION

504 PREVENTATIVE MAINTENANCE LOG

505 ALTERNATE OPERATING CONDITIONS

506 PERFORMANCE TEST RESULTS

502 507 COMPLIANCE DETERMINATION – TEST METHODS

508 TEST METHODS INCORPORATED BY REFERENCE
Revised 07/13/88

Revised 04/07/93

Revised 09/22/04

Revised xx/xx/xx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS AND CREMATORIES

SECTION 100 – GENERAL

101 PURPOSE: To establish standards for limit particulate emissions from incinerators, burn-off ovens 

and crematories. and to limit particulate emissions from burning in these types of units.

102 APPLICABILITY: This rule applies to the following types of equipment and activities:

102.1 All incinerators except the incinerators those subject to:

a. Resource Conservation and Recovery Act (RCRA) : Subtitle C; or

b. Maricopa County Rule 317 (Hospital/Medical/Infectious Waste Incinerators) and of 

the Maricopa County Air Pollution Control Regulations waste or to Standards of 

Performance for Hospital/Medical/Infectious Waste Incinerators for Which 

Construction Is Commenced After June 20, 1996 (40 CFR Part 60, Subpart Ec); or

c. Standards of Performance for Commercial and Industrial Solid Waste Incineration 

Units for Which Construction Is Commenced After November 30, 1999 or for Which 

Modification or Reconstruction Is Commenced on or After June 1, 2001(40 CFR Part 

60, Subpart CCCC); or

d. Emissions Guidelines and Compliance Times for Commercial and Industrial Solid 

Waste Incineration Units that Commenced Construction On or Before November 30, 

1999 (40 CFR Part 60, Subpart DDDD).

102.2 Burn-off ovens used in metal salvage operations or used to remove nonmetallic coatings 

from metal parts by the application of heat and that meet at least one of the following 

conditions:

a. Charge burning combustion capacity of greater than 25 lb. per hour; or

b. Internal oven volume greater than 1 cubic yard; or

c. Fuel burning capacity of primary chamber greater than 200,000 Btu/hr.

102.3 Crematories.

103 EXEMPTIONS: The following types of combustion equipment and activities are exempt from this 

rule:

103.1 Laboratory ovens;

103.2 Environmental test chambers;
103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600  ̊ F;

103.6 Electric induction furnaces; and

103.7 Burning-off of pre-cleaned items consisting entirely of metal and containing no debris visible 

to the naked eye. Pre-cleaning shall be done by flushing with water, solvent and/or 

mechanical means.

SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of 

terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall 

apply, in addition to those definitions found in Rule 100 (General Provisions and Definition) of these rules. In the event 

of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take 

precedence.

201 AFTERBURNER – The A heating device associated with an incinerator, burn-off oven or crematory 

that is designed to provide excess air and heat for complete combustion of the gases in the primary 

chamber so as to control particulate emissions.

202 BURN-OFF OVEN – A heating device used intended to remove materials such as oils, greases, 

paints, coatings, rubber, laquers lacquers, and insulation from other materials or parts by combustion 

or charring.

203 COMBUSTIBLE REFUSE – Any solid or liquid combustible waste material containing carbon in a 

free or combined state.

204 CONDITIONING PERIOD – A period of time (168 hours minimum) during which the COMS is 

operated without any unscheduled maintenance, repair, or adjustment prior to initiation of the 

operational test period.

205204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) – The total equipment necessary for 

the determination of opacity of emissions which provides a permanent, uninterrupted record of opacity 

readings.

206205 CREMATION – The technical process of reducing human or animal remains to bone fragments and 

ashes in a controlled retort or furnace using heat and/or flame. The reduction takes place through heat 

and evaporation. Cremation shall also include the processing and pulverization of the bone fragments.

207206 CREMATORY – A retort used for the cremation of remains (human or animal), body parts, and 

associated wrappings. This term may also be used to refer to an establishment wherein these remains 

are cremated. A crematory may be considered existing or new, dependent upon the date it was 
constructed. If it was constructed, modified, or commenced operation, including the contractual 

obligation to undertake and complete an order for a crematory, prior to September 22, 2004, then it is 

an existing crematory.

208207 ELECTRIC INDUCTION FURNACES FURNACE – A furnace or oven that is used to melt metals 

by use of electricity as the source of power or an alternating current electric furnace in which primary 

conductor is coiled and generates by electromagnetic induction a secondary current that develops 

within the metal charge.

209208 FLUE – A duct or passage, such as a stack or chimney, for air contaminants.

210209 HOSPITAL WASTE – Discards generated at a hospital or clinic, except unused items returned to the 

manufacturer. The definition of hospital waste does not include human corpses, remains, and 

anatomical parts that are intended for interment or cremation.

211210 INCINERATION – The process of burning combustion or pyrolysis involving the chemical reaction 

of combustible waste materials with air in which the primary purpose is the destruction and reduction 

in size and mass of the combustible material.

211 INCINERATOR – Any equipment used for the purpose of reducing the volume and mass by 

removing combustible matter by direct combustion or the combustion of waste gases from pyrolysis 

or gasification. Incinerator designs include single chamber and two-chamber. A two-chamber

incinerator consists of two or more refractory lined combustion chambers in series, physically 

separated by refractory walls, interconnected by gas passage ports or ducts designed for maximum 

combustion of the material to be burned. An “incinerator” does not include devices such as open or 

screened barrels, drums, or process boilers.

211.1 Primary Chamber –The initial compartment of an incinerator wherein the majority of waste 

volume reduction or heat treatment occurs by combustion. Primary chambers are normally 

operated at lower temperatures than are secondary chambers or afterburners.

211.2 Secondary Chamber The compartment of an incinerator that operates at excess air conditions 

wherein destruction of gas-phase combustion products occurs. Passage ports, ducts, flues, 

chimneys, or stacks with burners shall not be considered controlled secondary chambers 

unless (1) the combustion zone exhibits design measures for the retention of the gas stream 

in the chamber, turbulence or mixing, and (2) there is an availability of excess air as 

determined by engineering analysis.

212 MEDICAL WASTE - Any non-gaseous waste, including infectious wastes, which is generated in the 

diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in 

production or testing of biological agents and substances. Medical waste does not include any wastes 
identified under subtitle C of the Resource Conservation and Recovery Act (RCRA) as hazardous or 

as household waste, but includes those pharmaceuticals which are not identified as hazardous by 

subtitle C of RCRA. Medical waste does not include human or animal remains, caskets, containers, 

clothing or wrappings from crematories. An expanded definition of medical waste is found in 40 CFR 

60, Subpart Ec. The definition of “medical waste” It does include includes, but is not limited to:

212.1 Cultures and stocks of infectious agents and human pathological waste;

212.2 Human blood and blood products, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes,;

212.5 Isolation wastes; and

212.6 Unused sharps, needles and syringes.

Medical waste does not include human or animal remains, caskets, containers, clothing or wrappings 

from crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec.

213 METAL SALVAGE OPERATIONS – Any source operation in which combustion or pyrolysis is 

carried on for the principal purpose, or with the principal result, of recovering metals which are 

introduced into the operation as essentially pure metals, or alloys thereof, by oxidation of physically 

intermingled combustible material. Operations in which there is a complete fusion of all such metals 

are not included in these types of operations such as in an electric induction furnace, are not 

considered “metal salvage operations” for the purpose of this rule.

214 MULTIPLE - CHAMBER STARVED - AIR INCINERATOR - Any incinerator consisting of two or 

more refractory lined combustion chambers in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts designed for maximum combustion of the material to be 

burned. 

214.1 Primary Chamber - Initial compartment wherein the majority of waste volume reduction or 

heat treatment occurs by combustion. Primary chambers are operated at lower temperatures 

than secondary chambers or afterburners. 

214.2 Secondary Chamber -Compartment which operates at excess air conditions wherein 

destruction of gas-phase combustion products occurs. Passage ports, ducts, flues, chimneys, 

or stacks with burners shall not be considered controlled secondary chambers unless the 

combustion zone exhibits design measures for the retention of the gas stream in the chamber, 

turbulence or mixing, and the availability of excess air as determined by engineering 

analysis.

215214 NIGHT BURNING NIGHTTIME COMBUSTION– Burning Combustion that occurs after sundown 

and before the following sunrise.
216 OPERATIONAL TEST PERIOD – A period of time (168 hours) during which the COMS is expected 

to operate within the established performance specifications without any unscheduled maintenance, 

repair or adjustment.

215 PARTS RECLAMATION UNIT- A burn-off oven that combusts only paints, lacquers, and varnishes 

off of items (e.g., tools and equipment) so that these items can be reconditioned and reused. A burnoff oven used to remove plastic, insulation or rubber from items shall not be considered a parts 

reclamation unit for the purpose of this rule.

217216 PATHOLOGICAL WASTE – Waste material that consists of only human or animal remains, 

anatomical parts and/or tissue, the bags/containers used to collect and transport the waste material, and 

animal bedding (if applicable).

217 PYROLYSIS/COMBUSTION UNIT – A combustion unit that produces gases, liquids, or solids 

through the heating of waste , and the gases, liquids, or solids produced are combusted and emissions vented to the atmosphere.

218 RESIDENCE TIME – The average time that gases spend in a defined space, also known as “ bulk gas 

average residence time ”.

SECTION 300 – STANDARDS

301 CONTROLS REQUIRED: No person An owner or operator shall comply with the following: burn 

any combustible refuse in any incinerator, within Maricopa County, or perform metal salvage 

operations, or remove materials utilizing a burn-off oven, or burn human or animal remains in a 

crematory, except using the following air pollution control equipment:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerator Incinerators

shall consist of a be performed in a multiple-chamber incinerator that shall operate operates at least at a minimum temperature of 1600F in the secondary chamber or afterburner, with a residence time of at least 1 second in the secondary chamber or afterburner 

during the period of combustion in order to destruct destroy the combustion products.

301.2 Burn-Off Ovens: Metal salvage operations or removal of materials utilizing a burn-off oven

Burn-off ovens shall consist of shall employ an oven with at least two chambers. The 

secondary compartment or afterburner shall operate at a minimum temperature of at least 

1400F with a residence time of at least 1/2 second during the period of combustion in 

order to destruct the combustion products.

301.3 Crematories: A crematory Crematories shall consist of an incinerator comprised of with at 

least two chambers. and that complies with the following conditions: For an existing 

crematory the secondary compartment or afterburner shall operate at a minimum temper-
ature of at least 1400F with a residence time of at least 1 second during the period of 

combustion in order to destruct the combustion products. For a new crematory, the 

secondary compartment or afterburner shall operate at a minimum temperature of at least 

1600F with a residence time of at least 1 second during the period of combustion in 

order to destruct the combustion products. The burner in the primary chamber shall not 

be ignited until the secondary chamber combustion zone temperature is equal to or 

greater than 800F for existing crematories and 1000F for new crematories.

a. For an existing crematory the burner in the primary chamber shall not be ignited 

until the secondary chamber combustion zone temperature is equal to or greater than 

800F. The secondary compartment or afterburner shall operate at a minimum temperature of at least 1400F with a residence time of at least 1 second during the 

period of combustion in order to destruct the combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited until the 

secondary chamber combustion zone temperature is equal to or greater than 1000F. 

The secondary compartment or afterburner shall operate at a minimum temperature 

of at least 1600F with a residence time of at least 1 second during the period of 

combustion in order to destruct the combustion products.

301.4c. Alternate Operating Conditions: If the manufacturer’s optimum design specifications 

for the minimum temperature or residence time of a secondary chamber or 

afterburner at existing crematories are different than from the temperatures or residence times set forth in Sections 301.1, 301.2 or 301.3 Section 301.3 (a) of this rule, 

the manufacturer’s specifications may be used instead, providing that the owner or 

operator demonstrates compliance according to with the test methods listed in Section 504 507 of this rule.

301.5d. Additional Operating Conditions for Cremating Large Bodies: Alternate operating 

temperatures and special procedures may be required for the cremating cremation of 

large bodies (over 300 lbs.) that are different than from the temperatures or residence 

times in the afterburner set forth in Sections 301.1, 301.2 or Section 301.3 of this 

rule. These alternate times and temperatures may be used, followed when cremating 

large bodies, provided providing that the owner or operator demonstrates compliance 

with the test methods listed in Section 504 507 of this rule.

302 EMISSIONS STANDARD – OPACITY: Notwithstanding the provisions of Regulation III, Rule 

300 (Visible Emissions), no person An owner or operator shall not cause, suffer, or allow or 

permit the emissions into the atmosphere from any incinerator, burn-off oven, or crematory, for an 
aggregate of more than 30 seconds in any 60 minutes, for any air contaminant that exceeds 20 

percent opacity (Section 507.3 of this rule).

303 EMISSIONS STANDARD- PARTICULATES: No person An owner or operator shall not cause, 

suffer, allow, or permit the emission into the atmosphere from any incinerator, burn-off oven, 

crematory, particulate matter which exceeds 0.080 grain per cubic foot of dry flue gas at standard 

conditions adjusted to 7 percent oxygen (O2) in the exhaust gases and calculated as if no auxiliary 

fuel had been used. particulate matter emissions into the atmosphere from any incinerator, burnoff oven, or crematory, which exceed 0.080 grain per cubic foot of dry flue gas at standard 

conditions adjusted to 7% oxygen (O2) in the exhaust gases and calculated as if no auxiliary fuel 

had been used.

304 NIGHT BURNING NIGHTTIME COMBUSTION: If an An owner or operator who chooses to 

perform burning at conduct combustion operations shall comply with the following conditions 

shall be met:

304.1 Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation Unit:

No owner or operator of an incinerator, burn-off oven or crematory shall conduct burning 

after sundown and before sunrise unless a A Continuous Opacity Monitoring System

(COMS) is operating shall be operated at all times during night burning nighttime 

combustion operations and shall comply with the following conditions:

304.2 a. The COMS shall be calibrated and maintained in accordance with EPA Performance 

Specification # 1, described in Section 507.2 of this rule and shall be calibrated at 

least once per day if night burning is conducted. The COMS shall be located downstream from all particulate control equipment, where condensed water is not present, 

free of interference from ambient light (applicable only if transmissometer is responsive to ambient light) and accessible in order to permit routine maintenance in 

accordance with EPA Performance Specification #1 the test method described in 

Section 507.2 of this rule.

304.3 b. No night burning shall be conducted until the owner or operator insures that a 

properly trained operator is present at all times. A properly trained COMS operator 

shall be present at all times during nighttime combustion operations. The operator 

shall be trained in the proper operation and maintenance of the COMS as well as the

shutdown procedures of the incinerator, crematory or burn-off oven incinerator, 

burn-off oven, or crematory. Therefore if the COMS registers opacity readings that 

are above higher than the opacity limitations in Section 302 of this rule, then the 

operator has the authority and capability to shut down the operation.
304.2 Parts Reclamation Unit: An owner or operator of a parts reclamation unit who chooses to 

conduct nighttime combustion operations without the installation and operation of a 

COMS shall:

a. Not cause, allow or permit any visible emissions during combustion during the 

nighttime; and

b. Conduct visible emissions observations in compliance with the test method described 

in Section 507.4 of this rule at least once per hour during each nighttime combustion 

cycle; and

c. Operate and maintain the parts reclamation unit in accordance with the manufacturer’s operations and maintenance manual or other similar written materials supplied by the manufacturer or distributor of the unit to ensure the unit remains in 

proper operating condition.

d. Operate exclusively with parts reclamation units with an inside stack diameter less 

than 10 inches.

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND 

MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL 

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS): Any person 

incinerating or otherwise processing particulate emissions pursuant An owner or operator subject

to this rule operating an ECS shall provide, properly install and maintain in calibration, in good 

working order and in operation the air pollution control equipment required by this rule. This 

includes the following:

305.1 Provide and maintain devices that indicate temperatures, pressures, rates of flow, or other 

operating conditions necessary to determine if the air pollution control equipment is 

functioning properly and is properly maintained.

305.2 Records shall be kept pursuant Keep records according to Section 501 of this rule that 

demonstrate that the air pollution control equipment meets the overall control standards 

required in Section 300 of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan if If the air pollution control equipment consists of additional equipment other than an afterburner, such as a baghouse or 

venturi scrubber then an Operation and Maintenance (O&M) Plan shall be submitted for 

approval to the Control Officer for each additional control system according to the following O&M Plan requirements for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily available 

on-site at all times (an) O&M Plan(s) for any ECS and any ECS monitoring devices 

that are used under this rule or an air pollution control permit.
b. An owner or operator subject to this rule shall submit to the Control Officer for 

review an O&M Plan(s) for any (ECS) including an ECS monitoring device that is 

required by this rule or required under an air pollution control permit.

c. An owner or operator subject to this rule operating an ECS shall install, maintain and 

accurately calibrate monitoring devices listed in the O&M Plan(s) including, but not 

limited to, monitoring devices that measure pressure differentials and other operating 

conditions necessary to determine if control devices are functioning properly.

d. An owner or operator who is required to have an O&M Plan for any ECS including 

any ECS monitoring devices must fully comply with all elements of an O&M Plan(s) 

including, but not limited to, every action, schedule, and condition identified in each 

O&M Plan.

e. An O&M Plan for any ECS including any ECS monitoring devices shall include all 

of the following information:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator subject to this rule assigns to such ECS equipment when the manufacturer’s equipment identification number is unknown and;

(4) Any other information required by Section 501 of this rule.

f. The owner or operator subject to this rule, who receives a written notice from the 

Control Officer that an O&M Plan for any ECS including any ECS monitoring 

devices is deficient or inadequate, must make written revisions to the O&M Plan. 

The revised O&M Plan must be submitted to the Control Officer within five working 

days of receipt of the Control Officer’s written notice, Such time period can be 

extended by the Control Officer, upon written request and for good cause. During the 

time that such owner or operator subject to this rule is preparing revisions to the 

O&M Plan, such owner or operator shall still comply with all requirement of this 

rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE: An owner or operator subject to this rule shall must meet all applicable 

provisions of this rule by September 22, 2005. In addition:

401.1 An owner or operator subject to this rule shall must inform the Control Officer of the 

intention to use any additional equipment to control emissions other than an afterburner by 

March 22, 2005.
401.2 An owner or operator who plans to burn at night shall ensure that the COMS is installed 

properly according to design specifications, calibrated, and operated for a conditioning 

period of at least 168 hours minimum and an operational test period of 168 hours before 

night burning is performed.

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING: Recordkeeping requirements shall include the following types of information:

An owner or operator subject to this rule shall maintain the records listed below and shall retain 

these records for five years. These records shall be kept on-site in written or electronic format, in a 

complete and consistent manner. Written or electronic copies shall be made available to the Control Officer upon request. An owner or operator shall keep the following daily records:

501.1 Times of operation; 

501.2 Chamber temperatures: Chamber temperatures shall include operating temperatures for 

the secondary chamber as well as secondary chamber temperature at the time of the ignition of the primary chamber. 

501.3 Weight of the materials incinerated shall be determined as follows:

501.1 a. Incinerators: Total weight charged; 

Daily records of the type of material to be incinerated, total weight charged, chamber 

temperatures (secondary chamber temperature at the time of the ignition of the primary chamber and the secondary chamber operating temperature) and dates and 

times of the day that the incinerator is operating. 

501.2 Burn-Off Ovens: Daily records of the type of material to be burned, chamber temperatures (secondary chamber temperature at the time of the ignition of the primary chamber 

and the secondary compartment operating temperature) and dates and times of the day 

that the burn-off oven is operating. 

501.3 b. Crematories: 

(1) Human Crematories: Account for the numbers of bodies cremated; or

(2) Animal Crematories: Account for either the number and type of remains charged 

or the weight of the animal(s) charged; or

(3) Large Bodies: If a human or animal crematory combusts a large body (over 300 

lbs.), the approximate weight of the body and any alternative operating conditions shall be recorded.

Daily records of the number of bodies cremated, chamber temperatures (secondary chamber temperature at the time of the ignition of the primary chamber and 

the secondary compartment operating temperature) and dates and times of the 

day that the crematory is operating. The owner or operator of an animal crema-
tory shall account for either the weight of the animal charged or the number and 

type of remains charged. In addition, if a human or animal crematory burns a 

large body (over 300 lbs.), the approximate weight of the body and the operating 

conditions shall be noted.

502 OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity observations 

used to measure visible emissions from activities regulated by this rule. The records shall be 

compiled, maintained, and retained for each day or night that any activity capable of generating 

emissions is conducted. These written records shall include the following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and

502.3 Corrective action(s) taken, if any.

501.4 503 NIGHT BURNING NIGHTTIME COMBUSTION: If Night burning is conducted the owner or 

operator shall: An owner or operator conducting nighttime combustion operations shall comply 

with the following requirements:

503.1 Nighttime Combustion with a COMS:

a. Maintain a continuous record of opacity readings generated by the COMS. Records 

shall include all times that the meter is running properly. Records shall also indicate 

when the instrument is inoperative or has been adjusted or repaired.

b. The Record the date and time identifying each period during which the COMS was 

inoperative, except for zero and span checks, and the nature of system repair or

adjustment shall be reported. The Control Officer may require request proof of 

COMS performance whenever system repairs or adjustments, other than routine 

maintenance, have been made.

c. A Maintain a file of all data collected by the COMS or and as necessary to convert 

monitoring data to the units of the applicable standard as described for compliance 

with Section 507.3 of this rule.

503.2 Nighttime Combustion without a COMS – Parts Reclamation Unit: Maintain records of 

the visible emissions observations taken at night during each combustion cycle for each 

parts reclamation unit as required by Section 507.4 of this rule. These records shall 

include the following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.
504 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive maintenance 

activities performed on all equipment or ECS subject to this rule.

501.5505 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any

alternate operating conditions including temperatures and residence times, as stated in required by 

Sections 301.4 301.3(c) and 301.5 301.3(d) of this rule, if used.

506 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust 

stack performance tests. Such written records shall include the following information:

506.1 Date, start and end times, and location of all performance tests;

506.2 Results of all tests; and

506.3 Corrective action(s) taken, if necessary.

502507 COMPLIANCE DETERMINATION – TEST METHODS: When more than one test method is 

permitted for a determination, of determining an exceedance of the limits established in this rule, then 

any exceedance determined by using any one of the following applicable test methods shall constitutes

constitute a violation of this rule.

502.1 507.1 For determining Determination of total particulate matter, EPA Methods 1 through 5, or the 

EPA alternatives equivalent methods listed in Sections 507.3 and 507.4 of this rule

approved by the Control Officer, shall be used. Both carbon dioxide and oxygen 

measurements shall be obtained simultaneously with each Method 5 run.

502.2 507.2 Determination of visible emissions compliance shall be made by a certified emissions 

observer or by a continuous emission monitor which is maintained and calibrated in 

accordance with EPA Performance Specification #1 (40 CFR, Part 60, Appendix B). The 

observer shall be qualified as an expert visible emissions evaluator and so certified by the 

Arizona Department of Environmental Quality or by any other agency that is acceptable to 

the Control Officer.

507.3 Opacity shall be determined by observations of visible emissions conducted in accordance 

with EPA Reference Method 9 as modified by EPA Reference Method 203 B.

507.4 The presence or absence of visible emissions shall be detected using EPA Reference Method 

22.

508 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist in the 

Code of Federal Regulations (CFR) are incorporated by reference in Appendix G of the Maricopa 

County Air Pollution Control Rules and Regulations.

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A p p e n d i x 3
NOTICE OF PUBLIC HEARING

FOR MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS, ORDINANCES, AND

STATE IMPLEMENTATION PLAN (SIP) REVISIONS

NOTICE IS HEREBY GIVEN that the Maricopa County Board of Supervisors will conduct a public hearing 

on May 9, 2012 at 9:00 am regarding proposed amendments to Maricopa County Air Pollution Control 

Regulations Rule 313 (Incinerators, Burn-Off Ovens, and Crematories). Following the public hearing, 

the Board is requested to adopt the proposed amendments and to submit the amended rule as a 

revision to the Arizona State Implementation Plan (SIP). The public hearing will be held at the 

Maricopa County Board of Supervisors’ Auditorium, 205 West Jefferson St., Phoenix, Arizona.

The proposed rule changes are included in a Draft Notice of Final Rulemaking, which is now available 

from the 2012 Rulemaking Events Calendar on the Maricopa County Air Quality Department’s 

website. This document is also available for public inspection at the Maricopa County Air Quality 

Department, 1001 N. Central Ave. Suite 595, Phoenix, AZ 85004
______________________________________________

A p p e n d i x 4





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A p p e n d i x 5



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A p p e n d i x 6
REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS, AND CREMATORIES

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 AFTERBURNER 

202 BURN-OFF OVEN 

203 COMBUSTIBLE REFUSE 

204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) 

205 CREMATION

206 CREMATORY 

207 ELECTRIC INDUCTION FURNACE 

208 FLUE 

209 HOSPITAL WASTE 

210 INCINERATION 

211 INCINERATOR 

212 MEDICAL WASTE 

213 METAL SALVAGE OPERATIONS 

214 NIGHTTIME COMBUSTION

215 PARTS RECLAMATION UNIT

216 PATHOLOGICAL WASTE 

217 PYROLYSIS/COMBUSTION UNIT 

218 RESIDENCE TIME 
SECTION 300 – STANDARDS

301 CONTROLS REQUIRED

302 EMISSIONS STANDARD – OPACITY

303 EMISSIONS STANDARD – PARTICULATES

304 NIGHTTIME COMBUSTION

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR 

AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION 

CONTROL SYSTEM (ECS)

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING

502 OPACITY OBSERVATIONS

503 NIGHTTIME COMBUSTION

504 PREVENTATIVE MAINTENANCE LOG

505 ALTERNATE OPERATING CONDITIONS

506 PERFORMANCE TEST RESULTS

507 COMPLIANCE DETERMINATION – TEST METHODS

508 TEST METHODS INCORPORATED BY REFERENCE
Revised 07/13/88

Revised 04/07/93

Revised 09/22/04

Revised 05/09/12

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN-OFF OVENS AND CREMATORIES

SECTION 100 – GENERAL

101 PURPOSE: To limit particulate emissions from incinerators, burn-off ovens and 

crematories.

102 APPLICABILITY: This rule applies to the following types of equipment and activities:

102.1 All incinerators except those subject to:

a. Resource Conservation and Recovery Act (RCRA) Subtitle C; or

b. Maricopa County Rule 317 (Hospital/Medical/Infectious Waste Incinerators) 

and Standards of Performance for Hospital/Medical/Infectious Waste 

Incinerators for Which Construction Is Commenced After June 20, 1996 (40 

CFR Part 60, Subpart Ec); or

c. Standards of Performance for Commercial and Industrial Solid Waste 

Incineration Units for Which Construction Is Commenced After November 

30, 1999 or for Which Modification or Reconstruction Is Commenced on or 

After June 1, 2001(40 CFR Part 60, Subpart CCCC); or

d. Emissions Guidelines and Compliance Times for Commercial and Industrial 

Solid Waste Incineration Units that Commenced Construction On or Before 

November 30, 1999 (40 CFR Part 60, Subpart DDDD).

102.2 Burn-off ovens used in metal salvage operations or used to remove nonmetallic 

coatings from metal parts by the application of heat and meet one of the following 

conditions:

a. Charge combustion capacity of greater than 25 lbs per hour; or

b. Internal oven volume greater than one (1) cubic yard; or
c. Fuel burning capacity of primary chamber greater than 200,000 Btu per hour.

102.3 Crematories.

103 EXEMPTIONS: The following types of equipment and activities are exempt from this 

rule:

103.1 Laboratory ovens;

103.2 Environmental test chambers;

103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600 °F;

103.6 Electric induction furnaces; and

103.7 Burning-off of pre-cleaned items consisting entirely of metal and containing no 

debris visible to the naked eye. Pre-cleaning shall be done by flushing with water, 

solvent and/or mechanical means.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall 

apply, in addition to those definitions found in Rule 100 (General Provisions and Definition) of 

these rules. In the event of any inconsistency between any of the Maricopa County air pollution 

control rules, the definitions in this rule take precedence.

201 AFTERBURNER – A heating device associated with an incinerator, burn-off oven or 

crematory that is designed to provide excess air and heat for complete combustion of the 

gases in the primary chamber so as to control particulate emissions.

202 BURN-OFF OVEN – A heating device intended to remove materials such as oils, 

greases, paints, coatings, rubber, lacquers, and insulation from other materials or parts by 

combustion or charring.

203 COMBUSTIBLE REFUSE – Any solid or liquid combustible waste material containing 

carbon in a free or combined state.

204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) – The total 

equipment necessary for the determination of opacity of emissions which provides a 

permanent, uninterrupted record of opacity readings.
205 CREMATION – The process of reducing human or animal remains to bone fragments 

and ashes in a controlled retort or furnace using heat and/or flame. The reduction takes 

place through heat and evaporation. Cremation shall also include the processing and 

pulverization of the bone fragments.

206 CREMATORY – A retort used for the cremation of remains (human or animal), body 

parts, and associated wrappings. This term may also be used to refer to an establishment 

wherein these remains are cremated. A crematory may be considered existing or new, 

dependent upon the date it was constructed. If it was constructed, modified, or 

commenced operation, including the contractual obligation to undertake and complete an 

order for a crematory, prior to September 22, 2004, then it is an existing crematory.

207 ELECTRIC INDUCTION FURNACE – A furnace or oven that is used to melt metals 

by use of electricity as the source of power or an alternating current electric furnace in 

which primary conductor is coiled and generates by electromagnetic induction a 

secondary current that develops within the metal charge.

208 FLUE – A duct or passage, such as a stack or chimney, for air contaminants.

209 HOSPITAL WASTE – Discards generated at a hospital or clinic, except unused items 

returned to the manufacturer. The definition of hospital waste does not include human 

corpses, remains, and anatomical parts that are intended for interment or cremation.

210 INCINERATION – The process of combustion or pyrolysis involving the chemical 

reaction of combustible waste materials with air in which the primary purpose is the 

destruction and reduction in size and mass of the combustible material.

211 INCINERATOR – Any equipment used for the purpose of reducing the volume and 

mass by removing combustible matter by direct combustion or the combustion of waste 

gases from pyrolysis or gasification. Incinerator designs include single chamber and twochamber. A two-chamber incinerator consists of two or more refractory lined combustion 

chambers in series, physically separated by refractory walls, interconnected by gas 

passage ports or ducts designed for maximum combustion of the material to be burned. 

An “incinerator” does not include devices such as open or screened barrels, drums, or 

process boilers.

211.1 Primary Chamber – The initial compartment of an incinerator wherein the 

majority of waste volume reduction or heat treatment occurs by combustion. 

Primary chambers are normally operated at lower temperatures than are secondary 

chambers or afterburners.

211.2 Secondary Chamber – The compartment of an incinerator that operates at excess 

air conditions wherein destruction of gas-phase combustion products occurs. 

Passage ports, ducts, flues, chimneys, or stacks with burners shall not be 
considered controlled secondary chambers unless (1) the combustion zone 

exhibits design measures for the retention of the gas stream in the chamber, 

turbulence or mixing, and (2) there is an availability of excess air as determined 

by engineering analysis.

212 MEDICAL WASTE – Any non-gaseous waste, including infectious wastes, which is 

generated in the diagnosis, treatment, or immunization of human beings or animals, in 

research pertaining thereto, or in production or testing of biological agents and 

substances. Medical waste does not include any wastes identified under subtitle C of the 

Resource Conservation and Recovery Act (RCRA) as hazardous or as household waste, 

but includes those pharmaceuticals which are not identified as hazardous by subtitle C of 

RCRA. Medical waste does not include human or animal remains, caskets, containers, 

clothing or wrappings from crematories. An expanded definition of medical waste is 

found in 40 CFR 60, Subpart Ec. The definition of “medical waste” includes, but is not 

limited to:

212.1 Cultures and stocks of infectious agents and human pathological waste;

212.2 Human blood and blood products, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes,;

212.5 Isolation wastes; and

212.6 Unused sharps, needles and syringes.

213 METAL SALVAGE OPERATIONS – Any source operation in which combustion or 

pyrolysis is carried on for the principal purpose, or with the principal result, of recovering 

metals which are introduced into the operation as essentially pure metals, or alloys 

thereof, by oxidation of physically intermingled combustible material. Operations, in 

which there is a complete fusion of all such metals such as in an electric induction 

furnace, are not considered “metal salvage operations” for the purpose of this rule.

214 NIGHTTIME COMBUSTION – Combustion that occurs after sundown and before the 

following sunrise.

215 PARTS RECLAMATION UNIT – A burn-off oven that combusts only paints, 

lacquers, and varnishes off of items (e.g., tools and equipment) so that these items can be 

reconditioned and reused. A burn-off oven used to remove plastic, insulation or rubber 

from items shall not be considered a parts reclamation unit for the purpose of this rule.
216 PATHOLOGICAL WASTE – Waste material that consists of only human or animal 

remains, anatomical parts and/or tissue, the bags/containers used to collect and transport 

the waste material, and animal bedding (if applicable).

217 PYROLYSIS/COMBUSTION UNIT – A combustion unit that produces gases, liquids, 

or solids through the heating of waste, and the gases, liquids, or solids produced are 

combusted and emissions vented to the atmosphere.

218 RESIDENCE TIME – The average time that gases spend in a defined space, also known

as “bulk gas average residence time”.

SECTION 300 – STANDARDS

301 CONTROLS REQUIRED: An owner or operator shall comply with the following:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerator 

shall be performed in a multiple-chamber incinerator that operates at least at a 

minimum temperature of 1600 °F in the secondary chamber or afterburner, with a 

residence time of at least one (1) second in the secondary chamber or afterburner 

during the period of combustion in order to destroy the combustion products.

301.2 Burn-Off Ovens: Metal salvage operations or removal of materials utilizing a 

burn-off oven shall employ an oven with at least two chambers. The secondary 

compartment or afterburner shall operate at a minimum temperature of at least 

1400 F with a residence time of at least one-half (1⁄2) second during the period of 

combustion in order to destruct the combustion products.

301.3 Crematories: A crematory shall consist of an incinerator comprised of at least 

two chambers and that complies with the following conditions:

a. For an existing crematory the burner in the primary chamber shall not be 

ignited until the secondary chamber combustion zone temperature is equal to 

or greater than 800 F. The secondary compartment or afterburner shall 

operate at a minimum temperature of at least 1400 F with a residence time of 

at least one (1) second during the period of combustion in order to destruct the 

combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited 

until the secondary chamber combustion zone temperature is equal to or 

greater than 1000F. The secondary compartment or afterburner shall operate 

at a minimum temperature of at least 1600 F with a residence time of at least 

one (1) second during the period of combustion in order to destruct the 

combustion products.
c. Alternate Operating Conditions: If the manufacturer’s optimum design 

specifications for the minimum temperature or residence time of a secondary 

chamber or afterburner at existing crematories are different from the 

temperatures or residence times set forth in Section 301.3 (a) of this rule, the 

manufacturer’s specifications may be used instead, providing that the owner 

or operator demonstrates compliance with the test methods listed in Section 

507 of this rule.

d. Additional Operating Conditions for Cremating Large Bodies: Alternate 

operating temperatures and special procedures may be required for cremation 

of large bodies (over 300 lbs.) that are different from the temperatures or 

residence times in the afterburner set forth in Section 301.3 of this rule. These 

alternate times and temperatures may be followed when cremating large 

bodies, provided that the owner or operator demonstrates compliance with the 

test methods listed in Section 507 of this rule.

302 EMISSIONS STANDARD – OPACITY: An owner or operator shall not cause, allow

or permit emissions into the atmosphere from any incinerator, burn-off oven, or 

crematory, for an aggregate of more than 30 seconds in any 60 minutes, for any air 

contaminant that exceeds 20 percent opacity (Section 507.3 of this rule).

303 EMISSIONS STANDARD – PARTICULATES: An owner or operator shall not cause, 

allow, or permit particulate matter emissions into the atmosphere from any incinerator, 

burn-off oven, or crematory, which exceed 0.080 grain per cubic foot of dry flue gas at 

standard conditions adjusted to 7% oxygen (O2) in the exhaust gases and calculated as if 

no auxiliary fuel had been used.

304 NIGHTTIME COMBUSTION: An owner or operator who chooses to conduct 

combustion operations shall comply with the following conditions:

304.1 Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation 

Unit: A Continuous Opacity Monitoring System (COMS) shall be operated at all 

times during nighttime combustion operations and shall comply with the 

following conditions:

a. The COMS shall be calibrated and maintained in accordance with EPA 

Performance Specification # 1, described in Section 507.2 of this rule and 

shall be calibrated at least once per day. The COMS shall be located downstream from all particulate control equipment, where condensed water is not 

present, free of interference from ambient light (applicable only if 

transmissometer is responsive to ambient light) and accessible in order to 

permit routine maintenance in accordance with the test method described in 

Section 507.2 of this rule.
b. A properly trained COMS operator shall be present at all times during 

nighttime combustion operations. The operator shall be trained in the proper 

operation and maintenance of the COMS as well as the shutdown procedures 

of the incinerator, burn-off oven, or crematory. Therefore if the COMS 

registers opacity readings that are higher than the opacity limitations in 

Section 302 of this rule, then the operator has the authority and capability to 

shut down the operation.

304.2 Parts Reclamation Unit: An owner or operator of a parts reclamation unit who 

chooses to conduct nighttime combustion operations without the installation and 

operation of a COMS shall:

a. Not cause, allow or permit any visible emissions during combustion during 

the nighttime; and

b. Conduct visible emissions observations in compliance with the test method 

described in Section 507.4 of this rule at least once per hour during each 

nighttime combustion cycle; and

c. Operate and maintain the parts reclamation unit in accordance with the 

manufacturer’s operations and maintenance manual or other similar written 

materials supplied by the manufacturer or distributor of the unit to ensure the 

unit remains in proper operating condition.

d. Operate exclusively with parts reclamation units with an inside stack diameter 

less than 10 inches.

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR 

POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION 

CONTROL SYSTEM (ECS): An owner or operator subject to this rule operating an 

ECS shall provide, properly install and maintain in calibration, in good working order 

and in operation the air pollution control equipment required by this rule. This includes 

the following:

305.1 Provide and maintain devices that indicate temperatures, pressures, rates of flow, 

or other operating conditions necessary to determine if the air pollution control 

equipment is functioning properly and is properly maintained.

305.2 Keep records according to Section 501 of this rule that demonstrate the air 

pollution control equipment meets the control standards required in Section 300 

of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan if the air pollution control 

equipment consists of additional equipment other than an afterburner, such as a 
baghouse or venturi scrubber according to the following O&M Plan requirements 

for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily 

available on-site at all times the O&M Plan(s) for any ECS and any ECS 

monitoring devices that are used under this rule or an air pollution control 

permit.

b. An owner or operator subject to this rule shall submit to the Control Officer 

for review the O&M Plan(s) for any ECS including an ECS monitoring device 

that is required by this rule or required under an air pollution control permit.

c. An owner or operator subject to this rule operating an ECS shall install, 

maintain and accurately calibrate monitoring devices listed in the O&M 

Plan(s) including, but not limited to, monitoring devices that measure pressure 

differentials and other operating conditions necessary to determine if control 

devices are functioning properly.

d. An owner or operator who is required to have O&M Plan(s) for any ECS 

including any ECS monitoring devices must fully comply with all elements of 

the O&M Plan(s) including, but not limited to, every action, schedule, and 

condition identified in each O&M Plan.

e. An O&M Plan for any ECS including any ECS monitoring devices shall 

include all of the following information:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator 

subject to this rule assigns to such ECS equipment when the 

manufacturer’s equipment identification number is unknown; and

(4) Any other information required by Section 501 of this rule.

f. The owner or operator subject to this rule, who receives a written notice from 

the Control Officer that an O&M Plan for any ECS including any ECS 

monitoring devices is deficient or inadequate, must make written revisions to 

the O&M Plan. The revised O&M Plan must be submitted to the Control 

Officer within five working days of receipt of the Control Officer’s written 

notice, Such time period can be extended by the Control Officer, upon written 

request and for good cause. During the time that such owner or operator 
subject to this rule is preparing revisions to the O&M Plan, such owner or 

operator shall still comply with all requirement of this rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 RECORDKEEPING: An owner or operator subject to this rule shall maintain the 

records listed below and shall retain these records for five years. These records shall be 

kept on-site in written or electronic format, in a complete and consistent manner. Written 

or electronic copies shall be made available to the Control Officer upon request. An 

owner or operator shall keep the following daily records:

501.1 Times of operation;

501.2 Chamber temperatures: Chamber temperatures shall include operating 

temperatures for the secondary chamber as well as secondary chamber 

temperature at the time of the ignition of the primary chamber.

501.3 Weight of the materials incinerated shall be determined as follows:

a. Incinerators: Total weight charged.

b. Crematories:

(1) Human Crematories: Account for the numbers of bodies cremated; or

(2) Animal Crematories: Account for either the number and type of remains 

charged or the weight of the animal(s) charged; or

(3) Large Bodies: If a human or animal crematory combusts a large body 

(over 300 lbs.), the approximate weight of the body and any alternative 

operating conditions shall be recorded.

502 OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity 

observations used to measure visible emissions from activities regulated by this rule. The 

records shall be compiled, maintained, and retained for each day or night that any activity 

capable of generating emissions is conducted. These written records shall include the 

following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and

502.3 Corrective action(s) taken, if any.
503 NIGHTTIME COMBUSTION: An owner or operator conducting nighttime 

combustion operations shall comply with the following requirements:

503.1 Nighttime Combustion With a COMS:

a. Maintain a continuous record of opacity readings generated by the COMS. 

Records shall include all times that the meter is running properly. Records 

shall also indicate when the instrument is inoperative or has been adjusted or 

repaired.

b. Record the date and time identifying each period during which the COMS was 

inoperative, except for zero and span checks, and the nature of system repair 

or adjustment shall be reported. The Control Officer may request proof of 

COMS performance whenever system repairs or adjustments, other than 

routine maintenance, have been made.

c. Maintain a file of all data collected by the COMS and as necessary to convert 

monitoring data to the units of the applicable standard as described for 

compliance with Section 507.3 of this rule.

503.2 Nighttime Combustion Without a COMS – Parts Reclamation Unit: Maintain 

records of the visible emissions observations taken at night during each 

combustion cycle for each parts reclamation unit as required by Section 507.4 of 

this rule. These records shall include the following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.

504 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive 

maintenance activities performed on all equipment or ECS subject to this rule.

505 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records 

of any alternate operating conditions including temperatures and residence times, as 

required by Sections 301.3(c) and 301.3(d) of this rule.

506 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of 

all exhaust stack performance tests. Such written records shall include the following 

information:

506.1 Date, start and end times, and location of all performance tests;
506.2 Results of all tests; and

506.3 Corrective action(s) taken, if necessary.

507 COMPLIANCE DETERMINATION – TEST METHODS: When more than one test 

method is permitted for determining an exceedance of the limits established in this rule, 

then any exceedance determined using any one of the following applicable test methods 

shall constitute a violation of this rule.

507.1 Determination of total particulate matter, EPA Methods 1 through 5, or the EPA 

equivalent methods listed in Sections 507.3 and 507.4 of this rule approved by the 

Control Officer, shall be used. Both carbon dioxide and oxygen measurements 

shall be obtained simultaneously with each Method 5 run.

507.2 Determination of visible emissions compliance shall be made by a certified 

emissions observer or by a continuous emission monitor which is maintained and 

calibrated in accordance with EPA Performance Specification #1 (40 CFR, Part 

60, Appendix B). The observer shall be qualified as an expert visible emissions 

evaluator and so certified by the Arizona Department of Environmental Quality or 

by any other agency that is acceptable to the Control Officer.

507.3 Opacity shall be determined by observations of visible emissions conducted in 

accordance with EPA Reference Method 9 as modified by EPA Reference 

Method 203 B.

507.4 The presence or absence of visible emissions shall be detected using EPA 

Reference Method 22.

508 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as 

they exist in the Code of Federal Regulations (CFR) are incorporated by reference in 

Appendix G of the Maricopa County Air Pollution Control Rules and Regulations.