UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX AIR DIVISION

Technical Support Document for

EPA’s Proposed Rulemaking for

the

Arizona State Implementation Plan

Arizona Revised Statute (ARS) 11-871 Emissions control; no burn;

exemptions; penalty [Subsections A and B only]

ARS 49-501 Unlawful open burning; exemptions; fine; definition 

[Subsections A.2, B.1, C, and F only]

Prepared by: Rynda Kay

August 6, 2013
RULE IDENTIFICATION

Agency: State of Arizona for Maricopa County

Subject of this TSD:

Submitted Rule: 

Arizona Revised Statute (ARS) 11-871 Emissions 

Control; No Burn; Exemptions; Penalty.

[Subsections A and B only]

Adopted: July 2, 2007

Submitted: May 25, 2012

Revised Submittal: May 21, 2013

ARS 49-501 Unlawful Open Burning; Exemptions; 

Fine; Definition.

[Subsections A.2, B.1, C, and F only]

Adopted: July 2, 2007

Submitted: May 25, 2012

Revised Submittal: May 21, 2013

Previous Submittal: 

ARS 11-871 Emissions Control; No Burn; Exemptions; 

Penalty 

Adopted: July 2, 2007

Submitted: December 21, 2007

Withdrawn: January 25, 2011

ARS 49-501 Unlawful Open Burning; Exemptions; 

Fine; Definition 

Adopted: July 2, 2007

Submitted: December 21, 2007

Withdrawn: January 25, 2011

BACKGROUND

Maricopa County is classified as a serious nonattainment area for inhalable course particulate matter less 

than 10 microns in diameter (PM10). As required by section 189 of the Clean Air Act (CAA), Arizona 

submitted a PM10 plan that included the most stringent measures (MSM) and an extension request for

attainment no later than December 31, 2006. On January 14, 2002, EPA announced the approval of the

serious area plan, including the Agricultural Best Management Practices (AgBMP) Program as meeting

both Best Available Control Measures (BACM) and MSM requirements, and also granted a five year 

extension of the attainment date for both the 24-hour and annual PM10 standards from December 31, 

2001 to December 31, 2006. Both decisions were published in the Federal Register on July 25, 2002 (67 

FR 48718).

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

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

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

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

The Maricopa Association of Governments (MAG) prepared the 2007 Five Percent Plan for PM10,

which was approved by the Arizona Department of Environmental Quality (ADEQ) and submitted to 

the EPA on December 21, 2007. The SIP contained rule revisions in Maricopa County and Pinal 

County to further reduce PM10 emissions.
Arizona Senate Bill 1552 (2007) addressed the authority to revise rules while adding requirements for 

both Maricopa County and one township in Pinal County. Cities and towns in the nonattainment area

committed to develop and enforce local ordinances to address PM10 emissions from vacant lots, unpaved 

roads and shoulders, off-highway vehicles, and leaf blowers. EPA proposed a limited approval and 

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

withdrawing the plan.

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

Five Percent Plan on February 14, 2011 (76 FR 8300), triggering an 18-month sanctions clock and a

two-year Federal Implementation Plan clock. Arizona submitted a replacement plan, MAG 2012 Five 

Percent Plan for PM10, on May 25, 2012. EPA found that submission complete on July 20, 2012. The

statute subsections that are the subject of this technical support document (TSD) were included in the

submittal. On May 21, 2013 ADEQ identified several statute subsections included in the May 25, 2012 

submittal for which Arizona no longer requested EPA SIP approval.

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

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

this technical support document (TSD). Two other TSDs that can be found in the docket discuss rules 

that are also included in the Federal Register notice for this action. 

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

on May 25, 2012, showing which of the statute and statute subsections are:

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

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

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

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

SUMMARY OF STATUTORY PROVISIONS

ARS 11-871:

 Subsection A requires counties within area A, as defined in ARS 49-54 (approved in the SIP on 

May 22, 2013, 78 FR 30209) to develop, implement, and enforce an ordinance relating to 

residential wood burning restrictions, including no-burn day restrictions triggered when ADEQ 

monitoring or forecasting shows that carbon monoxide will likely exceed the standard.

 Subsection B requires counties within area A to modify the ordinances prescribed by subsection 

A to include no-burn restrictions when ADEQ forecasts high pollution advisory days for 

particulate matter.

ARS 49-501:

 Subsection A.2 prohibits any open outdoor fire in area A, as defined in ARS 49-541(approved 

in the SIP on May 22, 2013, 78 FR 30209) from May 1-September 30 each year.

 Subsection B.1 specifies the following open outdoor fires are exempt from the requirements of 

the Section: fires associated with the cooking of food or providing warmth for human beings or 

the branding of animals or orchard heaters used for frost protection in farming or nursery 

operations.

 Subsection C specifies that permission from a public officer to set a fire must be given in 

writing, and a copy must be sent to ADEQ and the county, district or regional control officer. 

Subsection C only applies to B.2, B.3, and B.4, which were not submitted for SIP approval.
 Subsection F clarifies that nothing in this Section is intended to permit a practice in violation of 

any statute, ordinance, rule or regulation in a county with a population in excess of 1.2 million 

people and that such a county shall prohibit the use of wood burning chimineas, outdoor fire 

pits, and similar outdoor fires during no-burn day restrictions.

EPA REVIEW CRITERIA

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

guidance documents to evaluate these statutes:

1. Enforceability

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

guidance documents are used to evaluate rule enforceability, including the “Bluebook” (Issues 

Relating to VOC Regulation Cutpoints, Deficiencies, and Clarification to Appendix D), November 

24, 1978, 52 FR 45044), and “the Little Bluebook” (Guidance Document for Correcting Common 

VOC & Other Rule Deficiencies), EPA Region 9, August 21, 2001.

2. Rule Relaxation

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

requirement concerning attainment and reasonable further progress (RFP) or any requirement of the 

Act (CAA 110(l)) or modify, in a nonattainment area, any SIP-approved control requirement in 

effect before November 15, 1990 (CAA 193).

EPA EVALUATION

1. Enforceability – We believe these statutory provisions are consistent with the relevant policy and

guidance regarding enforceability. Requirements are clear and compliance determinations are

straightforward given the nature of the statutes.

2. Non-interference – We propose to determine that our approval of the submittal would comply with 

CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the on-going

process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the

revision would strengthen the existing SIP-approved control requirements.

DEFICIENCES

We have identified no deficiencies with the statutory provisions evaluated in this TSD sufficient for EPA

to propose less than full approval.

EPA ACTION

EPA staff believes that the statutory provisions associated with this TSD are consistent with the relevant 

policy and guidance regarding enforceability and SIP relaxations. EPA staff recommends approving

these provisions in accordance with section 110(k)(3) of the Clean Air Act.

 ARS 11-871 Emissions control; no burn; exemptions; penalty [Subsections A and B only]

 ARS 49-501 Unlawful open burning; exemptions; fine; definition [Subsections 

A.2, B.1, and F only]

We are not acting on ARS 49-501 Subsection C, as it only applies to Subsections B.2, B.3, and B.4, 
which are not part of the ADEQ SIP submittal. 

REFERENCES

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

Bluebook) EPA OAQPS, May 25, 1988: 

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

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

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

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

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

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

28, 1992).

4. State Implementation Plans for Serious PM10 Nonattainment Areas, and Attainment Date 

Waivers for PM10 Nonattainment Areas Generally; Addendum to the General Preamble 

for the Implementation of Title I of the Clean Air Act Amendments of 1990, 59 FR 41998 

(August 16, 1994).