Diane Arnst 

From: 

Sent: 

To: 

Cc: 

Subject: 

Don Gabrielson [Don.Gabrielson@co.pinal.az.us] 

Thursday, May 08,2008 4:10 PM 

Diane Arnst 

scott.dibase@co.pinaI.az.us 

SB 1552; implementation in Pinal County 

Attachments: resl21207-AQ2.pdf; LB-RESOLUTION-051408-AQl-dft.pdf; 14aar1153,pdf; May1 6.pdf 

mQ=yQQ ry, 

res121207-AQ2.pdf LB-RESOLUTION-014aar1153.pdf (70 Mayl6.pdf (342 KB) 

(126 KB) 51408-AQl-dft.~ ... KB) 

5/8/08 

Diane, 

In response to Nancy Wrona's 4/16/08 letter request for copies of local rules and 

ordinances adopted to meet the various mandates of SB 1552, I convey the following: 

1. Open burning. Pursuant to SB 1552 Sections 3 and 18, I convey a digital copy of 

executed and recorded Pinal County Ordinance 121207-AQ2. See res121207AQ.pdf. The 

ordinance addresses the open burning restrictions required under SB 1552. 

2. Leaf blowers. Pursuant to SB 1552 Section 5, I convey a digital copy of a proposed 

leaf-blower ordinance 051408-AQ1. See LB Resolution 051408-AQl.pdf. The Board of 

Supervisors will consider adoption of this ordinance-on May 14, 2008. 

3. Parking dustproofing, stabilization and restriction on vehicle parking/use. Pursuant 

to SB 1552 Section 16, I convey a digital copy of a notice of proposed rulemaking 

published in the Arizona Administrative Register on April 14, 2008. See 14aar1153.pdf. 

The Board of Supervisors will consider adoption of these rules on May 14, 2008. 

4. Forced entry to stablize vacant lots. This pertains to our proposed "barge and 

charge" rules; at least in theory, we'll barge in, stabilize the problem and then charge 

the owner. Pursuant to SB 1552 Section 16, I convey a digital copy of a notice of 

proposed rulemaking submitted to the Secretary of State on 4/25/08. See mayl6.pdf. This 

notice will publish on May 16, 2008, and the Board of Supervisors will consider adoption 

of these rules on June 18, 2008. 

For those still-pending measures, we will provide you fully executed copies once they have 

been properly adopted. 

Questions? You can call Scott DiBiase @ 520-866-696, or me @ 520-866-6915. 

regards, 

Don Gabrielson 

Director 

Pinal County Air Quality 

OFFlClAl RECORDS OF 

When recorded return to: P~~ COUNTY RECORDER 

Clerk of the Board 

Pinal County 

P.O. Box 827 DA=/TIME: 01/08/08 1034 

FEE : 

Florence, Arizona 85232 $0.00 

A RESOLUTION OF THE BOARD OF 

COMMImING TO TAKE CERTAIN ACTIONS W 

LT RIVER BASE 

AND MERIDIAN. 

WHEREAS, the Pinal Coun Board") is empowered under 

A.R.S. 849-479 to adopt rules lling the release of air contaminants 

throughout the County, including 

and incorporated portions of Township 

1 North, Range 8 East, the 

manage the network of pave 

ntifies that portion of Pinal County designated as 

commonly known as Apache Junction, as a portion of the 

, Nonattaiament Area; 

with the approved serious area plan for the Phoenix Planning 

Junction, unpaved roads are a significant source in Apache Junction. 

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

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

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

pursuant to Clean Air Act $189(d); 

~~~~SIp~%~uITS 

- .- -
THJ3REFORE, for the purposes ofi 

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

and orderly manner; 

0 Committing for purposes of the Phoenix 

nonattainment area "5% SIP" to the definition an ent of control 

measures to achieve reductions from signifi 

north, Range 8 east; 

the Pinal County Board of Supervisors resoIves to rm each of the 

following measures: 

1. COMMITMENT #1 - irt roads qualify as a 

commits to the following 

measure: 

unincorporated areas of Township 1 

existing county-owned dirt roads that 

unty currently maintains roadways in approximately 

ern and eastern portions of Township 1 north Range 

of several businesses adjoining State Route 88, the 

exclusively residential. BLM lands lie to the north, and 

provide only neighborhood access. Almost all internal section-line 

halt rock dust palliative," which consists of a double chip seal typically 

ver a built-up base. For the remaining unpaved roads ia the area, the 

will identify and assess traffic loads on all existiog dirt roads on either a 

dedicated right-of-way or a county-managed easement of record. The County will 

pave or chip seal all county-owned roads that have an indicated traffic loading of 

more than 150 vehicles per day. 

2 ..~vamrj*U%p(an'XCsoh*~~~ rea 

& 
Res~onsible Agency and Authority for Implementation: This measure will be , 

irnplemened by the Pinal County Public Works Department. Legal authority for 

this action is provided under A.R.S. 9 1 1-251(4). 

lmvlementation Schedule: 

1. May 1, 2008 - Complete the invent0 

roadways on dedicated rights-of-w 

of record. 

3. December 3 1,2009 - 

th existing staff, without additional 

expense. Estimati 

_I 

will be $300,000. accomplished either by adding to or reent Budget for 2008-2009. 

er Laws 2007, Chapter 292 (a. k.a. Senate Bill 1552), 

g on June 1, 2008, Pinal County is obligated to submit a 

to the joint legislative budget committee of the Arizona 

cumenting the number of miles of streets, roads, alleys, shoulders 

as paved in the Pinal County portion of the Phoenix PM,, serious 

ent area, namely Township 1 north, Range 8 east. 

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

Board of Supervisors as duly reflected in the minutes of the Board meeting, have executed this 

document on behalf of the Board of Supervisors on this day of-kf 

3 ..\rule&~~%plln~uuon\Cm& ns 

- - -__I_III-- - --.---- 
PINAL COUNTY, a political subdivision of the State of Arizona, 

By: C\ 

Chainnan of the Board of Supervisors \\ 

gx- r~*'tl 

Clerk of the Board of Supervi 

APPROVED AS TO FORM: /r' /\u 

James P. Walsh 
When recorded return to: 

Clerk of the Board 

Pinal County 

P.O. Box 827 

Florence, Arizona 85232 

ORDINANCE NO. 051408-AQ1 

AN ORDINANCE APPLICABLE THROUGHOUT INCORPORATED AND 

UNINCORPORATED PORTIONS OF PINAL COUNTY LYING WITHIN AREA A 

AS DEFINED IN A.R.S. 549-54 1, RESTRICTING THE USE OF LEAF BLOWERS. 

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

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

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

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

in A.R.S. 949-541; 

WHEREAS, A.R.S. 5 1 1-25 1.05 establishes the procedural requisites for the 

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

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

orderly manner; 

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

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

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

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

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

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

PINAL COUNTY LEAF BLOWER ORDINANCE FOR AREA A 

1 Title. 

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

"Pinal County Leaf Blower Ordinance for Area A." 

2. Applicability 

A. Geographic Applicability. Subject to any additional applicability limitations 

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

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

defined at A.R.S. $49-541 (2007). 

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

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

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

earth moving or other dust generating operations 

3. Prohibition on Blowing Material into Roadways. 

In the unincorporated portions of ~inal-county-portion of Area A, no person shall 

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

any time. 

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

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

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

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

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

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

stabilizers. 

5. Effective Date 

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

Supervisors. 

6. Enforcement 

A. Violation - Any person who violates a prohibition under this Ordinance shall 

be gzilty of a violation of the Ordinance. 

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

prohitum, and a lack of knowledge shall not constitute a defense. , . . . , ;! , . , , , -. . , . . .>,;: :.',I . .,-~ .. .. ..,., . ... .. , ,. . !,. !-.. <, ,,i %. - .:,-:,.,: . .. 
C. Penalty for Violation - The punishment or imprisonment for a violation of 

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

misdemeanor. 

7. Definitions 

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

head of the Pinal County Air Quality Control District responsible for 

performing duties and exercising powers prescribed by law. 

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

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

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

on this day of ,2008. 

PINAL COUNTY, a political subdivision of the State of krizona, 

By : 

Chairman of the Board of Supervisors 

ATTEST: 

Clerk of the Board of Supervisors 

APPROVED AS TO FORI'vf: 

James P. Walsh 

Pinal County Attorney 

By: 

Deputy County Attorney 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

Township 4 South, Range 5 West through Range 1 East 

B. DESIGNATED OR OPENED TRAIL SYSTEM - Roads or routes that are part of a system of trails and that are 

designated or opened by a government land management agency by order, sign, andlor map approved by such 

agency. 

C. ROAD OR HIGHWAY - The entire width between the boundary lines of every way publicly maintained by the 

federal government, a city, a town or a county if any part of the way is generally open to the use of the public for 

purposes of vehicular travel. For purposes of this ordinance, the term "road or highway" also includes designated or 

opened trail systems and service roads regardless of surface composition, and any other property dedicated or 

otherwise reserved for public or private street uses, as evidenced by a recorded document, or having thereon a public 

easement for such use. 

D. VACANT LOTS - Any of the following described in Section 2(D)(1) through Section 2(D)(4) of this ordinance: 

1. An unsubdivided or undeveloped tract of land. 

2. A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no 

approved or permitted buildings, structures, or uses of a temporary or permanent nature. 

3. A partially developed residential, industrial, institutional, governmental, or commercial lot. 

4. For the purposes of this ordinance, a vacant lot is not a road or highway. 

E. VEHICLE - A self propelled device and its appurtances, excluding devices moved by human power or used 

exclusively on stationary rails or tracks. 

SECTION 3 - REQUIREMENTS 

A. RESTRICTED VEHICLE PARKING AND USE: A person shall not park or use a vehicle on an unstabilized 

vacant lot within the unincorporated sections of Area A in Maricopa County. 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES 

A. A person who violates this Ordinance is guilty of a class 3 misdemeanor. 

B. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but 

not more than twenty-four hours of a community restitution course related to the off-highway operation of motor 

vehicles. 

C. For violations of this Ordinance, the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed 

by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a 

citation to persons in violation of this ordinance. 

SECTION 5 - EXEMPTIONS 

A. The property owner, person entitled to immediate possession of the property, or invitee who has lawhl authority 

may operate such vehicles if such use does not violate any other applicable laws. 

B. Any site that has been issued a permit by the Control Officer for the control of fugitive dust from dust generating 

operations. 

NOTICE OF EXPEDITED RULEMAKING 

PURSUANT TO A.R.S. $ 49-471 .O1 et seq. 

PINAL COUNTY AIR QUALITY CONTROL DISTRICT 

[M08- 1471 

1. Preamble 

2. The Pinal County Air Quality Control District, an operating division of Pinal County, proposes that the Board of 

Supervisors adopt new rules in response to recent legislative mandates. Those mandates require dust-proofing or 

stabilization for certain parking, ingress and egress areas in that portion of Pinal County lying within the Phoenix 

Planning Area PMlO nonattainrnent area. See A.R.S. $8 49-474.01(A)(5) and (A)(6). The mandates also require 

restrictions on vehicle parking and use on unstabilized lots in the same area. See A.R.S. $ 49-474.01(A)(11). 

Geographically, the proposed limitations apply in the Apache Junction Township, Township 1 North, Range 8 East, Gila 

and Salt River Base and Meridian ("TIN R8EW). 

3. Those wishing hrther information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, 

Pinal County Air Quality, 3 1 N. Pinal St., Building F, Florence, AZ, 520-866-6969. To the extent possible, the District 

will also post information on the County's website, www.co.pinal.az.us, under the "air quality" link. 

4. The Board of Supervisors has authority to adopt air quality rules. A.R.S. $ 49-479. Given the obligatory nature of the 

action, this rule-adoption will follow the expedited rule-making process defmed in A.R.S. $ 49-471.08. Following 

April 11,2008 Page 1 153 Volume 14, Issue 15 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

publication of a notice of proposed rulemaking and a 30 day public comment period, the proposal along with a summary 

of any comments received will be submitted to the Board of Supervisors for consideration and possible adoption. The 

date and location for the hearing-of-adoption before the Board of Supervisors will be separately scheduled and noticed 

in accord with the requirements of A.R.S. 4 49-479 and 40 CFR 51.102. Tentatively, that hearing before the Board of 

Supervisors is scheduled for May 14,2008. 

5. Given that this proposal responds to a statutory mandate, there are no supporting studies nor has the District prepared an 

economic, small business or consumer impact discussion. There are no prior register notices pertaining to this proposal. 

6. If adopted, these revisions will take effect and become enforceable upon adoption by the Board of Supervisors, with the 

exception of deferred enforcement where allowed by statute. 

7. To clearly identify those rules that will be presented for inclusion in the Arizona State Implementation Plan, 

corresponding revisions to $1-1-105 are also included. EPA guidance precludes SIP-approval for rules that allow 

unfettered Control-Officer discretion in defming alterative control requirements. See EPA guidance entitled "Review of 

State Implementation Plans and Revisions for Enforceability and Legal Sufficiency," Michael S. Alushin, et al., Sept. 

23, 1987. To the extent that proposed SIP rules $44-4-110, 4-5-160 and 4-6-200.B all allow for "control officer 

discretion" in defming case-by-case dustproofing and stabilization methods, in each case that latitude is objectively 

limited by the quantifiable and replicable limitation on allowable trackout from the subject parcel. 

8. Pursuant to A.R.S. 4 49-471.08(A)(2), Donald P. Gabrielson, the Control Officer for the District, finds that Laws 2007, 

Chapter 292, $ 16 mandates that within the affected area the County require: maintenance of dustproof surfacing for 

parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units; 

maintenance of paving or stabilization for parking, maneuvering, ingress and egress areas three thousand square feet or 

more in size and located at smaller residential developments; and restriction of vehicle parking and use on unpaved or 

unstabilized vacant lots. The Control Officer finds that the proposed rules are substantially identical to the sense, 

meaning and effect of the underlying statutory mandate. 

9. Text of Proposed Rule Revisions 

New rules are identified as such. Changes to existing rules are shown by strike-through and underlining. 

Chapter 1 - General Provisions and Definitions (Existing) 

Article 1 - Provisions (Existing) 

1-1-105. SIP list (Existing) 

A. As a declaration of Board policy rather than a rule, and subject to the limitations of paragraphs B. and C. of this section, 

the Board of Supervisors expressly designates the following list of sections within this Code, to be presented to the 

Governor of Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in 

the Arizona SIP: 

1. Chapter 1 

a. Article ].(As amended 5/14/97 and 5/27/98), except for $$I-1-105 and 1-1-1 07. 

b. Article 2 (As amended 5/14/97 and 7/12/00) except for $1 -2-1 10. 

c. Article 3. (As amended 5/14/97, 5/27/98 and 10/27/04, except for $1-3-130 and the definition in $1-3- 

140.82 (10112195) of "maximum achievable control technology.") 

2. Chapter 2 

a. Article 1. (As amended 10/12/95). 

b. Article 2. (As amended 5/14/97). 

c. Article 3. (As amended 10/12/95). 

d. Article 4. (As amended 10/12/95). 

e. Article 5. (As amended 10/12/95). 

f. Article 6. (As amended 10/12/95). 

g. Article 7. (As amended 10/12/95). 

h. Article 8. (As amended 5/18/05). 

3. Chapter 3 

a. Article 1. (As amended 5/14/97, and 5/27/98 and 7/12/00), excluding: 

I. 43-1-020 

11. 

... 53-1-045 

HI. $3-1-080 

iv. $3-1-100 

Volume 14, Issue 15 Page 1 1 54 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

b. Article 2. (As amended 10112195, 5/27/98 and 7/29/98). 

c. Article 3. (As amended 10112195). 

d. Article 8. (As amended 10112195 and 10127104). 

4. Chapter 4 

a. Article 1. (As amended 2/22/95). 

b. Article 2. (As amended 5/14/97,7/12/00 and 10127104, excluding $$4-2-020 and 4-2-030). 

- C. Article 4. (As amended ,2008.) 

- d. Article 5. (As amended .2008.) 

e. Article 6. (As amended .2008. 

8. ~otwithsindin~ the approval as elements of the SIP o:those provisions of the Code identified in paragraph A of this 

section, those provisions, save 53-1-084 which shall be expressly exempted from the limitation of this paragraph, shall 

operate as elements of the SIP only insofar as they pertain to: 

1. "construction," as defined in Nov. '93 Code $1-3-140.28; or 

2. "modification," as defined in Nov. '93 Code $1-3-140.85; and 

C. Notwithstanding the approval as elements of the SIP of those provisions of the Code identified in paragraph A of this 

section, neither those provisions nor any permit conditions imposed pursuant to those provisions shall: 

1. Operate as elements of the SIP insofar as they pertain to other than "conventional pollutants," as defined in $1- 

3-140.33; 

2. Operate as elements of the SIP insofar as they pertain only to a requirement arising under, or pertain to a source 

subject to regulation exclusively by virtue of a requirement arising under: 

a. $ 11 1 of the Clean Air Act; or 

b. Title IV of the 1990 amendments to the Clean Air Act; or 

c. Title VI of the 1990 amendments to the Clean Air Act; or 

d. Any section of this Code that is not a part of the SIP; 

3. Operate as an element of the SIP, at least insofar as they impose a "fee"; 

4. Operate as an element of the SIP, at least insofar as they require a "certification"; 

5. Operate as an element of the SIP, at least insofar as they impose obligations pertaining to "renewals"; 

6. Operate as an element of the SIP, at least insofar as they impose requirements regarding "excess emissions"; or 

7. Operate as an element of the SIP, at least insofar as they impose requirements regarding "compliance plans." 

D. As a renumbering and reconciliation of previously approved SIP provisions as elements of this Code, the Board of 

Supervisors additionally designates the following list of sections within this Code, to be presented to the Governor of - 

Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in the Arizona 

SIP without operational limitation: 

1. §$ l-1-0lO.C (2122195) and 1-1-O1O.D (2122195) Declaration of Policy 

2. Chapter 2, Article 8 (As amended 5/14/97) Visibility Limiting Standard 

3. Chapter 3, Article 8 (2122195) Open Burning 

4. [Reserved] 

5. [Reserved] 

6. [Reserved] 

7. [Reserved] 

8. [Reserved] 

9. [Reserved] 

10. [Reserved] 

11. [Reserved] 

12. $5-1 8-740 (2122195) Storage of Organic Compounds - Organic Compound Emissions 

13. $5-1 9-800 (2122195) Loading of Volatile Organic Compounds - Organic Compound Emissions 

14. $5-21 -920 (2122195) Fossil Fuel Fired Industrial and Commercial Equipment Standard Applicability 

15. $5-2 1-93 0 (2122195 and 71 12/00) Fossil Fuel Fired Industrial and Commercial Equipment Particulate Emission 

Standard 

16. $5-22-950 (2122195) Fossil Fuel Fired Steam Generator StandardApplicability 

17. 55-22-960 (2/22/95) Fossil Fuel Fired Steam Generator Sulfur Dioxide Emission Limitation 

18. $5-24-1030.F (2122195) Generally Applicable Federally Enforceable Minimum Standard of Performance - Organic Compound Emissions 

19. $5-24-1030.1 (2122195) Generally Applicable Federally Enforceable Minimum Standard of Performance - Carbon Monoxide 

20. $5-24-1032 (2122195) Federally Enforceable Minimuk Standard of Performance - Process Particulate 

Emissions 

April 11, 2008 Page 1 155 Volume 14, Issue 15 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

2 1 . $5-24- 1040 (2122195) Carbon Monoxide Emissions - Industrial Processes 

22. $5-24-1045 (2122195) Sul'te Pulp Mills - Sulfir Compound Emissions 

23. $5-24-1050 (2122195, as amended June 20, 1996) ReducedSulfir Emissions -Default Limitation 

24. $5-24-1 055 (2122195) Pumps and Compressors - Organic Compound Emissions 

Chapter 4. - Emissions from Existing and New Non-Point Sources 

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

$4-4-100. Dustproofing for Commercial Parking, Drives and Yards; Applicability (NEW) 

A. Geographic Applicability. 

The "affected area" under this rule includes the Pinal-County-portion of the Phoenix Planning Area Serious PMlo 

nonattainment Area, identified as Township 1 North, Range 8 East, Gila & Salt River Base and Meridian. 

B. Affected Parcels; Commercial Property. 

Property subject to this rule: 

1. Includes any parcel, contiguous parcels, or any proximate combination of parcels actually used for commercial 

purposes, including retail, office, meeting, governmental, industrial, service-business or commercial storage 

purposes; 

2. Includes any parcel, contiguous parcels, or any proximate combination of parcels actually used in a coordinated 

fashion and having five or more residential rental units; 

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

4. Excludes any right-of-way legally established and actually maintained for travel by the public or to provide 

vehicular access to public utilities. 

5. Excludes earthmoving activity at a site, or that portion of a site, covered by mitigation requirements under dust 

registration issued by the Pinal County Control Officer. 

C. Affected surfaces at a commercial property. 

1. Affected surfaces include any areas utilized on a regular basis for parking, maneuvering or ingress and egress 

of on- or off-road vehicles. Access lanes and working surfaces for vehicles shall qualify as affected surfaces. 

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

clearly distinguished from affected surfaces. Delineated long-term storage stalls, where a vehicle, trailer or 

other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be 

considered undisturbed surfaces. 

$4-4-1 10. Control Requirement (NEW) 

A. On and after the effective date, the owner andlor operator of any commercial property shall install and maintain 

permanent dustproof surfacing for all affected surfaces. For purposes of this rule, "owner or operator" means any person 

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

B. For purposes of this rule, permanent dustproofing shall consist of one of the following, implemented in a manner that 

meets the maintenance standard of this rule: 

1. Paving with asphaltic concrete; 

2. Paving with Portland cement based concrete; 

3. Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or 

larger; 

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

6. Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 

7. Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction 

of the Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method 

approved by the Control Officer, that the average threshold friction velocity of the native soil surface, corrected 

for non-erodible elements, is at least 100 cdsecond. 

C. Maintenance 

Permanent dustproofing shall be maintained in a manner that both: 

1. Prevents visible track-out; and 

Volume 14, Issue 15 Page 1 156 April 11, 2008 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

2. Meets the performance standards of Code $4-2-040.A and .B, requiring reasonable precautions to effectively 

prevent vehicle-generated dust from becoming airborne. 

64-4-120. Deferred enforcement date (NEW) 

The Control Officer shall commence enforcement of the requirements of this Article no sooner than October 1,2008. 

Article 5 - Nonattainment Area Rules; Stabilization for Residential Parking and Drives (NEW) 

84-5-150. Stabilization for Residential Parking and Drives; Applicability (NEW) 

A. Geographic Applicability. 

The "affected area" under this rule includes the Pinal-County-portion of the Phoenix Planning Area Serious PMlo 

nonattainment Area, identified as Township 1 North, Range 8 East, Gila & Salt River Base and Meridian. 

B. Affected Parcels; Residential Property. 

Property subject to this rule: 

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

fashion and having four or fewer residential rental units; 

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

3. Excludes any right-of-way legally established and actually maintained for travel by the public or to provide 

vehicular access-to public utilities; and 

4. Excludes earthmoving activity at a site, or that portion of a site, covered by mitigation requirements under dust 

registration issued by the Pinal County Control Off~cer. 

C. Affected Surfaces at a Residential Property. 

1. Affected surfaces include any areas in excess of 3,000 square feet utilized on a regular basis for parking, 

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

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

clearly distinguished from affected surfaces. Delineated long-term storage stalls, where a vehicle, trailer or 

other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be 

considered undisturbed surfaces. 

$4-5-160. Control Requirement (NEW) 

A. On and after the effective date, the owner andlor operator of any residential property shall install and maintain stabilized 

surfacing for all affected surfaces. For purposes of this rule, "owner or operator" means any person who owns, leases, 

operates, controls, or supervises an affected area. 

B. For purposes of this rule, a stabilized surface shall consist of one of the following, implemented in a manner that meets 

the maintenance standard of this rule: 

1. Paving with asphaltic concrete; 

2. Paving with Portland cement based concrete; 

3. Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or 

larger; 

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

6. Watering with sufficient frequency so as to maintain a crust on the surface; 

7. Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 

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

of the Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method 

approved by the Control Officer, that the average threshold friction velocity of the native soil surface, corrected 

for non-erodible elements, is at least 100 cm/second. 

C. Maintenance 

Surface stabilization shall be maintained in a manner that both: 

1. Prevents visible track-out in excess of ten feet in length; and 

2. Meets the performance standards of Code 64-2-040.A and .B, requiring reasonable precautions to effectively 

prevent vehicle-generated dust from becoming airborne. 

64-5-170. Deferred enforcement date (NEW) 

April 11,2008 Page 1157 Volume 14, Issue 15 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.RS. 49-112 

The Control Officer shall commence enforcement of the requirements of this Article no sooner than October 1,2009. 

Article 6 - Nonattainment Area Rules; Restrictions on Vehicle Parking and Use on Vacant Lots (NEW) 

54-6-200. Unpaved and Unstabilized Vacant Lots; Restriction on Vehicle Parking and Use; Applicability (NEW) 

A. Geographic Applicability. 

The "affected area" under this rule includes the PMlo-non-attainment-area portion of the Pinal-County-portion of Area A 

as defined at A.R.S. $ 49-541, including: 

Township 1 north, range 8 east 

B. Affected Parcels; Vacant Lots. 

Property subject to this rule includes any unpaved or unstabilized vacant lot. For purposes of this definition, adjoining 

commonly owned parcels shall be deemed a single lot. For purposes of this definition, a stabilized surface constitutes a 

surface that does not produce visible trackout when a vehicle leaves the lot, and shall consist of one of the following: 

1. Paving with asphaltic concrete; 

2. Paving with Portland cement based concrete; 

3. Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or 

larger; 

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

6. Watering with sufficient frequency so as to maintain a crust on the surface; 

7. Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 

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

of the Pinal County Control Off~cer on a form as required by the Control Officer and pursuant to a test method 

approved by the Control Officer, that the average threshold friction velocity of the native soil surface, corrected 

for non-erodible elements, is at least 100 cm/second. 

$4-6-210. Control Requirement (NEW) 

1. A property owner or operator shall restrict vehicle parking and use on an unstabilized vacant lot. For purposes 

of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an 

affected area. 

2. No person shall park any motor vehicle on any vacant unstabilized lot. The vehicle operator and all persons in 

whose names the vehicle is registered shall be jointly and severally prima facie responsible for any violation of 

this prohibition. 

Article 7 - Attainment Area Rules; Restrictions on Vehicle Parking and Use on Vacant Lots (NEW) 

$4-7-230. Unpaved and Unstabilized Vacant Lots; Restriction on Vehicle Parking and Use; Applicability WW) 

A. Geographic Applicability. 

The "affected area" under this rule includes the PMlo-attainment-area portion of the Pinal-County-portion of Area A as 

defmed at A.R.S. $ 49-541, including: 

Township 1 north, range 8 east 

Township 1 north, range 9 east 

Township 1 south, range 8 east 

Township 1 south, range 9 east 

Township 2 south, range 8 east 

Township 2 south, range 9 east 

Township 3 south, range 7 east 

Township 3 south, range 8 east 

Township 3 south, range 9 east 

B. Affected Parcels; Vacant Lots. 

Property subject to this rule includes any unpaved or unstabilized vacant lot. For purposes of this definition, adjoining 

commonly owned parcels shall be deemed a single lot. For purposes of this definition, a stabilized surface constitutes a 

surface that does not produce visible trackout when a vehicle leaves the lot, and shall consist of one of the following: 

Volume 14, Issue 15 Page 1158 April 11,2008 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 49-112 

Paving with asphaltic concrete; 

Paving with Portland cement based concrete; 

Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 

Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or 

larger; 

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

Watering with sufficient frequency so as to maintain a crust on the surface; 

Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 

Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction 

of the Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method 

approved by the Control Officer, that the average threshold fiiction velocity of the native soil surface, corrected 

for non-erodible elements, is at least 100 cmlsecond. 

$4-7-240. Control Requirement (NEW) 

1. A property owner or operator shall restrict vehicle parking and use on an unstabilized vacant lot. For purposes 

of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an 

affected area. 

2. No person shall park any motor vehicle on any vacant unstabilized lot. The vehicle operator and all persons in 

whose names the vehicle is registered shall be jointly and severally prima facie responsible for any violation of 

this prohibition. 

April 11,2008 Page 1 159 Volume 14, Issue 15 

-*--. -------I - - - 

SECRETARY CF STATE 

Plllal County Air Quality Colltrol District 2008 APR 25 PH 3: 3 7 

P. 0. Box 987 

Florence, Arizona 85232 FlLED 

(520) 866-6929 Fax: (520) 866-6754 

April 25,2008 - Intended for Pubbcation on May 16,2008 

PINAL COUNTY 

NOTICE OF FXPEDITED RULE MAKING 

PURSUANT TO A.R.S. 49-47 1 .O1 el seq. 

UlNUi ccuN-r\' 

AIR (11 JALITY 

Preamble 

Tile filal Couuty Air Quality Colltrol District, rul opemhlg division of Pulal County, proposes tllat tlle Pulal 

County Board of Supenisors adopt new rules in response to recent legislative mandates. Those mandates 

require adoptioll of a process to require stabhtioll of disturbed surfaces at vacant lots. See A.R.S. 5549- 

474.0 1 (A)(11). Tlle affected area includes tllat portion of Plllal County lyiug witlllll tlle Plloelk Plarulllig 

Area PMlO ~lonattailment area, namely the Apache Jmlction TOWI~S~UP, Tou~1slup 1 North, Range 8 East, 

Gila and Salt River Base aud Meridian, Plllal County, Arizona ("TIN R8E'). 

Those wislliug hither lllformatioll regarding any aspect of tllis proposal may contact Scott DiBiase, Planning 

Mauager, Pud County Air Quality, 31 North Pulal St., Building F, Flore~lce, Arizona, 520-866-6969. To the 

extent possible, tlle District ud also post ulformatioll on the Coulty's website, www.co.pri~d.az.us, under tlle 

"air qualit)r link. 

The Board of SupeMsors llas autllority to adopt air quality rules. A.R.S. 549-479. Given tlle obligatoly 

nature of the action, this rule-adoptio~l wdl follow tlle expedited rule-making process defuled In A.R.S. 549- 

471.08. Followi~lg publication of a notice of proposed rulemakulg and a 30 day public comment period, the 

proposal along with a summary of any comrnellts received will be submitted to the Board of Supervisors for 

collsideratio~l and possible adoption. The date and location for tlle llearitlg-of-adoption before tlle Board of 

Supervisors will be separately scheduled and noticed iu accord witll tlle requirements of A.R.S. 549-479 and 

40 C.F.R. $51.102. Tentatively, tllat Ilearitlg before tlle Board of Supervisors is scheduled for June 18, 2008. 

Given that tllls proposal respoilds to a shtutory mandate, tllere are 110 suppodilg studies nor llas tlle District 

prepared ax1 eco~lomic, small business or collsumer impact discussion. Tllere are 110 prior register notices 

pertaining to tlus proposal. 

If adopted, tllese revisiolls wdl take effect and become ellforceable up011 adoption by the Board of 

Supervisors, witll tlle exception of deferred ellforcement where allowed by statute. 

To clearly idenhfy those rules tllat wiU be presellted for ulclusioll hl tlle Arizona State Impleme~ltatioll Phl 

tlle proposal also iucludes correspolldlllg revisions to 51-1-105. Tllat rule eiiumerates tl~ose rules tllat tl~e 

Board has designated for proposed ulclusioll in tlle EPA-approved Arizona State Implemelltation Plau. 

Pursuant to A.R.S. 549-471.08(A)(2), Donald P. Gabnelson, the Colltrol Officer for the District, finds tllat 

Laws 2007, Cllapter 292, 516 mandates tllat nitlllll tlle dected area the County establish a system to require 
tlle stahilizatioii of disturbed surfaces at vacant lots, including: notice to tlle owlier; where necessary, a right of 

enw by tlle county in order to stabilize the offeliding area; aid, to tlle extent comlty action is required, a riglit 

of recoupmerlt against the owner ul favor of the county. Tlie Co~itrol Officer hlds tllat the proposed rules are 

substantially idelltical to the sense, mealuig and effect of tlie u~iderlylllg statutory mandate. Specifically, ui 

view oi'tlle obvious legislative objective ol'mandating a system to deal ul a timely fasluoil with a failure by 

property owners 10 address unstabilized lots, tlie Coil1101 Oficer finds tllat the legislative intent supports a 

cWication dehlulg the mailing date as the effective date for purposes of establislllllg a compliance date or 

biggerh~g a11 appeal opportunity. If actual service or codirmatio~i of receipt of notice was required and the 

owlier could iiot be fourid or reached, tlie couity stabhati011 effort could be stymed indefinitely and tllat 

result would co~lflict with tlie clear legslative intent. 

9 Text of Proposed Rule Revisions 

Cliapter 1 - Gelieral Provisious and Defuutio~ls 

Article 1 - Provisioils 

1-1-105. SIP list 

A. As a declaration of Board policy ratller tlian a rule, and subject to the limitations of paragfaplls B. aud C. of 

this section, the Board of Supervisors expressly designates the followillg list of sectiolls witlllll this Code, to be 

presented to the Covenlor of Arizona for transmittal to tlie Adrniuistrator OF tlle EPA with a request that they 

be uicluded as elements in the Arizona SIP: 

1. Chapter 1 

a. Article 1.(As amended 5/14/97 and 5/27/98), except for 551-1-105 and 1-1-107. 

b. Article 2 (As amended 5/14/97 aid 7/12/00) except for $1-2-1 10. 

c. Article 3. (As amended 5/14/97,5/27/98 and 10/27/04., except for 51-31 30 and tlle definition in 

51-3-140.82 (10/12/95) of "maximum achievable co~ltrol teclulology.") 

2. Cllapter 2 

a. Article 1. (As amended 1011 2/95). 

b. Article 2. (As amended 5/14/97). 

c. Article 3. (As amended 10/12/95). 

d. Arhcle 4. (As amended 1011 Y95). 

e. Article 5. (As amended 1011 2/95). 

f. Article 6. (As amelided 10/12/95). 

g. Article 7. (As amended 1011 2/95). 

11. Arhcle 8. (As amended 511 8/05). 

3. Cliapter 3 

a. Article I. (As amended 5/14/97, a11d 5/27/98 and 711 2/00), excluding: 

i. $3-1-020 

ii. §3-1-045 

iii. §%I-080 

iv. §3-1-100 

b. Article 2. (As amended 10/12/95,5/27/98 and 7/29/98). 

c. Article 3. (As amended 10/12/95). 

d. Article 8. (As amelided 1011 2/95 and 10/27/04). 

4. Cllapter 4 

a. Article 1. (As amended 2/22/95). 

b. Article 2. (As amended 5/14/97, 7/12/00 and 10/27/04, excludiig SS4-2-020 and 42-030). 

c. Article 4. (As amended , 2008.) 

d. Article 5. (As amended ,2008.) 0- 
e. Article 6. (As amended ,2008.) 

- . bcle 8. (As amended , 2008.) 

B. Notwitllstandulg tlle approval as elements of the SIP of tliose provisions of tlle Code identdied ul paragrap11 A 

of tllis section, those provisions, save 53-1-084 wlucll sllall be expressly exempted from tlle lirmtatioll of tllis 

paragraph, shall operate as elements of tlle SIP only ulsofar as they pertah to: 

1. "co~lstruction," as defuled hl Nov. '93 Code 51-3-1 4*0.28; or 

2. hoditication," as defuled hl NOV. '93 Code 51-3-140.85; and 

C. Notwitl~stauding tlle approval as elements of tlle SIP of those provisiolls of the Code identified in paragrap11 A 

of tllis section, ileitlier tllose provisions nor any permit conditions imposed pursuant to tllose provisions sllall: 

1. Operate as elemeilts of tlle SIP iusofar as tlley pertah to otller tllan "conventiollal pollutants," as 

defuled iu 5 1-3-1 4.0.33; 

2. Operate as elemeuts of tlle SIP ulsofar as tlley pertah ollly to a requirement arising under, or peaain 

to a source subject to regulation exciusively by virtue of a requirement arising under: 

a. 5 1 1 1 of tlle Clean Air Act; or 

b. Title IV of tlle 1990 ameildments to the Clea~ Air Act; or 

c. Title V1 of tlle 1990 amelldme~lts to tlle Clean Air Act; or 

d. Any section of tllis Code that is not a part of tlie SIP; 

3. Operate as al element oftlle SIP, at least ulsofar as tliey impose a "fee"; 

4. Opcratc as an element of the SIP, at least lllsofar as they require a "cedication"; 

5. Operate as an element of tlle SIP, at least insofar as tlley impose obligations pertaining to "renewals"; 

6. Operate as a1 element of tlle SIP, at least ulsofar as tliey impose requirements regarding "excess 

emissions~ or 

7. Operate as a11 element of tlle SIP, at least insofar as they impose requirements regarding 'compliaice 

plal1s." 

D. As a reilumbering and recollciliatioli of previously approved SIP provisio~ls as elements of tllls Code, the 

Board of Supervisors additiol~ally designates tlle followiug list of sectiolls witllul tllis Code, to be presented to 

the Govenlor of Arizona for transmittal to tlle Admk~istrator of tlle EPA with a request that they be included 

as elements lu tlie Arizolla SIP without operatioxla1 htation: 

1. §§I-1 -0lO.C (2122195) and 1-1-O1O.D (2/22/95) Declamtion ofPobcy 

2. Cllapter 2, Article 8 (As amended 5/14J97) Virbi?i~yLicnihgStandard 

3. Chapter 3, Article 8 (2122195) Open B&g 

4. [Reserved] 

5. [Reserved.] 

6. [Reserved] 

7. [Reserved] 

8. [Reserved] 

9. [Reservedl 

10. [Reserved] 

1 1. (Reserved] 

12. 55-1 %740 (Y22/95) Storage of Orgaruc Compounds - 0-c Compoundlhissions 

13. $5-1 9-800 (2/22/95) Loading of Volahr'e Oqpmi- Compounds - 0-c Compound~ssions 

14. 55-2 1-920 (2/22/95) Fossil Fuel Fired Industrial and Commercial Eqmp~nent Standard 

Appficabilib 

15. 55-21 -930 (2/22/95 and 711 2/00) Fossil Fuel Fired hdustn2and Comme~ial Eqwpment 

Partrculate Ei12LTsion Standard 

16. $5-22-950 (2/22/95) Fossil Fuel Fi-ed Steam Generator StandardAppficab&& 

17. 55-22-960 (2122195) Fossil Fuel Fi-ed Steam Gene~or S& Diom'de Einission Limitarion 

18. 55-24-1 0303 (2122195) Generally Appficable Federally Edorceable Mhinum Standard of 

Performance - Orgruu'c Compom~d Edons 
19. $5-24-1 030.1 (2122195) GeneratlyAppbcabIe Federal/}/ Ehforceable M&um Staudard of 

Pedor~na~ce - Carbon Monoxide 

20. 55-241 032 (2122195) Fededy Edorceable Mi~klun Staudard ofPerfoxmance - Process 

P~culat~ ~ssions 

2 1. 55-24- 104.0 (2122195) Carbon Monoside Emissions - Indusm'd Processes 

22. 55-24 1 045 (2122195) Sulfie Pulp Mills - S& Cbmpound ikissions 

23. 55-241 050 (2/22/95, as amended June 20,1996) Reduced Sufi ~sions - Dehd Limita0011 

24. 55-241 055 (2122195) Pumps and Compressors - Owc Compound Emssions 

Cllapter 4.. - Emissiolls from Existing and New Noil-Poult Sources 

Article 8 - Noliattaiumeilt Area Rules: Requiremellt for Stabilization of Disturbed Areas at Vacant Lots 

548-260. Stabilizatioil of Disturbed Areas at Vamlt Lots; Applicabihty 

The "affected area" under tllis rule uicludes the Phial-Coultv-portion of the Plioerlix Pla~n~i~lg AreaSerious 

PMlo ilollattaiurneellt Area, identified as Tolvlisllip 1 North, Range 8 East, Gila & Salt River Base and Meridian. 

B. Aflected Parcels; Vacant Lots. 

1. For purposes of this rule, "vacant lot* meals a parcel of laxd on wllicl~ tllere are 110 approved or permitted 

pemlellt or temporary buildhim or structures. 

2. For purposes of tlus rule, where an ow-ner liolds a lion-vacant lot. "vacant lot" does not include a colltiguous 

parcel or parcels adjolllllia that 11011-vacant lot. but the exemption applies oidv if tile ~arcels are subject to comrnoil 

legal or equitable o~~lerslip and tlle parcels are used iu fact as a single lot. 

3. For purposes of thus rule, a "vacant lotVoes not include tlie site of a disturbed surface area tliat is subiect to 

control of dust ~e~leratit~a operations pursuant to a dust re,cistratio~l issued by tlie Coiltrol Officer pursuant to Cllapter 

4, Article 3 of these rules. 

4. For pmoses of tlus rule, a "vacalt lot" does not include die site of a disturbed surface area tllat is subiect to 

a1 industrial permit issued bv die Co~itrol Oficer pursuant to Cllapter 3 of these rules. 

C. Affected Areas With Vacant Lots; Disturbed Surfaces 

1. For purposes of tlns rule. "disturbed surface"meals a portion of the eartlis surface or material dared on 

the eartli's surface that lias been pllvsically moved. micovered, destabhzed or otlienvise moddied from its midisturbed 

native co~lditioll if the pote~ltial for the emssioll of fupitive dust 1s mealirlghdy increased bv tl~e movemeill, 

destabilizatioil or modification. 

2. For purposes oi'tllis rule, "disturbed suriaceVoes not include: 

a. hlv area that is subject to a co~ltrol of dust generating operations pursuant to dust registration issued by 

tlie Colltrol Officer pursuant to Chapter 4. Article 3 of these rules. 

b.hlv area that is disturbed as a result of llormal farm cultural practice. 
c. Any area while tile activity causing the disturbance is still proceeding. 

s48-270. Stabhation Notice; fight of Lltrv; Recoupmeill of Costs; Rid11 to Appeal 

A. If tile Control Officer fulds tllat an unpaved disturbed surface at a vacant lot subject to tllis Article requires 

stabllizatioil, the Control Oficer may provide a written notice to the owner or the owner's agent that the mlpaved 

disturbed surface is required to be stabilized. 

B. Tile notice sllall: 

1. Be given not less than tllirty days before tlle date set for compliance; 

2. Recite the factual basis for the lot ice; 

3. I~lclude a led descriptio~l of the property; 

4. hlform the owner that if lle does not stabilize tlle lot prior to the compliaice date, the comity will have 

autl~ority to enter tl~e lot to stabilize tlie dsturbed surface at tlle expense of tlle owner; 

5. hiclude tlle estmated cost to the coulltv for the stabhation if tlle owner does not comply; 

6. 11lform the owner that the notice coilstihltes an appealable agency action, and that the owner llas a < of 

adrrmlislntive appeal pursuant to A.R.S. S49-47 1.15. 

C. Tlle notice shall be eitller persoi~allv served or mailed by certified mail to tlle owner's statulory agent, to tlle 

owner at the omler's last lulown address or to the address to wllich the tnu bill for tlle propem: was last maded. For 

purposes of establishuig a compliance date and triggering an appeal period, mailed notice shall be effective upon 

m&w. 

548-280. Deferred e~lforceme~lt date 

Tlle Co~ltrol Officer sllall commence ellforcemeilt of the requireme~its of tllis Article 110 sooner than October 

I, 2008. 

PlNAL COUNTY DEPARTMENT OF DEVELOPlVlENT SERVICES I 

AIR QUALITY CONTROL DISTRICT .I ~0,~ .:pG 

POST OFFICE BOX 987, FLORENCE, ARIZONA 8523a8, y(-) - a/ 

q4-l ! "s/*, 

Donald P. Gabrielson 

Director 

Tel: (520) 866-6924 481~~ 

Fax: (520) 866-6967 ' 36 

Notice of 

Public Hearing 

Pertaining to 

Revisions to Pinal County 

Air Quality Rules 

In response to the mandate of A.R.S. §I 1-877 as amended by Section 16 of Laws 

2007, Chapter 292 ("Senate Bill 1552") the District proposes that the Board of Supervisors 

consider proposed revisions to the Pinal County Air Ql~ality Control District Code of 

Regulations. 

Those mandates require stab~lization of disturbed surfaces at vacant lots, including 

notice to the owner and, where necessary, a right of entry by the county in order to stabilize 

the offending area along with a corresponding right of recoupment against the owner in 

favor of the county. The affected area includes that portion of Pinal County lying within the 

Phoenix Planning Area PMI 0 nonattainment area, namely the Apache Junction Township, 

Township 1 North, Range 8 East, Gila and Salt River Base and Meridian ("TIN R8E"). 

The Board of Supervisors w~ll hold a public hearing at 9:30 a.m. on June 18, 2008, 

to consider ,the proposed revisions to the Air Quality Code of Regulations. The public 

hearing will be held in the Board of Supervisors Hearing Room, 31 North Pinal St. Building 

A, Florence, Arizona. 

Copies of the proposed revisions are on-line in the May 16, 2008 edition of the 

Arizona Administrative Register, which is available on-line at www.azsos.gov. The proposal 

may also be inspected at the Pinal County Air Quality offices, at the address set forth 

below. 

Those wishing further information regarding any aspect of this proposal may contact 

Scott DiBiase, Planning Manager, Pinal County Air Quality, 31 North Pinal Street, Florence, 

AZ. 85232, or by calling 520-866-6929.