## Pinal County Air 

## Quality Control District
P. 0.Box 987 Florence, Arizona 85232 (520) 866-6929 Fax: (520) 866-6967

Pinal County SIP Submittal Pursuant to CAA $189 No-Burn Ordinance

Table of Contents December 2 1, 2007 This submittal conveys as a proposed SIP revision an ordinance adopted on December 12, 2007, by the 

### Pinal County Board of Supervisors. 1. Transmittal Letter from Control Officer. 2. Evidence of Legal Adoption 

## - See Sections 4, 

### 5, 6 

### and 

### 7 below. 

### 3. Evidence of Legal Authority -



### a. Copy of A.R.S. 949-479, authorizing the Board of Supervisors to adopt rules or ordinances to regulate air pollution within the county. b. Copy of A.R.S. 

## 9 11-871, as amended by Laws 2007, Chapter 292, $3, requiring the County to adopt an ordinance regulating indoor fireplace use in response to elevated carbon monoxide or PM,, levels.

c. Copy of A.R.S. $49-501, as amendedby Laws 2007, Chapter 292, 918, requiring the County to revise the existing ordinance regulating outdoor burning during episodes of elevated carbon monoxide or PM,, levels. 4. Copy of Pinal County Board of Supervisors Ordinance No. 121207-AQ1. 5. Copies of public notices.

a. Copy of posted notice b. Copy of mailed notice

c. Copy of published notice

### SIP Submittal Table of Contents December 21, 2007 Page 2d. Copy of the notice of proposed rulemaking published in the Arizona Administrative Register, 

### 13 A.A.R. 

### 3158 (91

### 1412007). 

### 6. Certification of

a. Posting of notices prior to public hearing-of-adoption. b. Publication of notices prior to public hearing-of-adoption.

c. Mailing of notices prior to public hearing-of-adoption.
7. Evidence of proper adoption by Board of Supervisors.

a. Agenda for December 12, 2007 meeting; specifically agenda item 13 b. Partial Minutes from December 12, 2007, including opening page and pages spanning discussion and action with respect to agenda item 13. 8. 

### Public comments, District responses and other published information 

### 9. Technical materials

## Pinal County 

## Air Quality Control District
P. 

### 0. Box 987 Florence, Arizona 85232 (520) 866-6929 Fax: (520) 866-6967



### TRANSMITTAL Pinal County SIP Submittal Pursuant to CAA $189



### December 20, 2007
Wayne Nastri, Region IX Administrator United States Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 C/O Steve Owens, Director Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, Arizona 85012 Re: Proposed revision to the Arizona State Implementation Plan To whom it may concern: Pursuant to Ordinance No. 121207-AQ1, adopted by the Pinal County Board of Supervisors on December 12, 2007, I convey a requested revision to the Arizona State Implementation Plan ("SIP")


## . This submittal, and the underlying ordinance, commit Pinal County to tighten enforcment of indoor and outdoor burning when atmospheric particulate concentrations rise to levels of concern. The affected area covers the Pinal County portion of Area A, which includes the Pinal County portion of the Phoenix Planning Area PM,, nonattainment area. Sincerely yours,

Donald P. Gabrielson Director and Control Officer

## Pinal County Air Quality Control District
P. 

### 0. Box 987 Florence, Arizona 85232 (520) 866-6929 

### Fax: (520) 866-6967



### Pinal County SIP Submittal Pursuant to CAA 

### $189 EVIDENCE OF LEGAL ADOPTION



### December 20, 2007 See sections 4, 

### 5, 6 and 

### 7 of this package.

### 49-479. Rules; hearing 

### A. The board of supervisorsshall adopt such rules 

### as it determinesare necessaryand feasible to control the release into the atmosphere of air contaminants originating within the temtorial limits ofthe county or multi-county

### air quality control region in order to control 

### air pollution, which rules, except as provided in subsection

### C shall contain standardsat least equal to or more restrictivethan those adopted by the director. 

### In fixing such standards, the board or region shall give consideration but shall not be limitedto: 1. The latest scientificknowledge usefhl 

### in indicating the kind and extent of all identifiableeffects on health and welfare which may be expected fiomthe presence of an 

### air pollution agent, or combination of agents in the ambient air, in varying quantities. 2. Atmosphere conditionsand the types of airpollution agent or agents which, when present in the atmosphere,may interact with another agent or agents to produce an adverse effect onpublic health and welfare. 3. 

### Securing, to the greatest degreepracticable, the enjoyment of the natural attractions of the state and the comfort and convenience of the inhabitants. B. 

### No rule may be enacted or amended except after the board of supervisorsfirst holds a public hearing after twenty days' notice of suchhearing. The proposed rule, or any proposed amendment of a rule, shall be made availableto the public at the time ofnotice of such hearing. 

### C. A county may adopt or amend a rule, emission standard, or standard ofperformance that is as stringentor more stringent than a rule, emission standard or standard ofperformance for similar sources adoptedby the director only ifthe county complies with the applicable provisions of section 49-1 12. D. 

### All rules enactedpursuant to this section shallbe made availableto the public at a reasonable charge upon request.

### 1 1 -87 1.Emissions control;no burn; exemptions; penalty A. A countythat contains anypart of area A, as defined in section 49-541, shall develop, implement and enforcein area A, as defined 

### in section 49-541, an ordinance relating to residential wood burning restrictions,including a no burn restriction when monitoring or forecastingby the department ofenvironmental quality predicts the carbon monoxide standard is likelyto be exceeded. B. On or before October 3

### 1,2007, a county that contains any part of area A, as defined in section 49-541, shall amend the ordinanceprescribed by subsection A ofthis sectionto include a no burn restriction for anyhigh pollution advisoryday forecast by the department of environmental qualityfor particulatematter. C. The ordinance shall provide an exemption for the use ofresidential wood stoves,wood fireplaces or gas fired fireplacesthat complywith any of the following: 

### 1.Provides the sole or primary source ofheat or fbel for cooking for a residence. 2. 

### Meets performance standardsfor new residential wood heaters manufactured on or after July 1, 1990or sold at retail on or after July 1, 1992as

### prescribed by 40 Code ofFederal Regulations part 60, subpart

### AAA. 3. 

### Bums gaseous fbels, including gas logs. 4. Meets rules adopted by the board of supervisors as prescribed 

### in section49-479 for burning wood 

### in approved appliances. 

### D. The ordinance shall provide that a person who violates an ordinance adopted pursuant to this section is subject to: 1. A warning for the first violation. 2. The impositionof a civilpenalty of fifty dollars for the second violation. 3. 

### The imposition of a civilpenalty ofonehundred dollars for the third violation. 4. The impositionof a civilpenalty oftwo hundred fifty dollars for the fourth or any subsequent violation. 

### E. For violationsof ordinancesadopted pursuant to this section, the control officer shall use a uniform civil ticket and complaint substantially similarto a uniform traffic ticket and complaint prescribed by the rules ofprocedure in civil traffic cases adoptedby the supreme court. The control officer may issue citations to persons in violation ofordinances adopted pursuantto this section.

### 49-501. Unlawful open burning; exceptions; civil penalty; definition A. Notwithstanding the provisions of any other sectionofthis article: 1.It is unlawful for any person to ignite, cause to be ignited,permit to be ignited, or suffer, allow, or maintain any open outdoor fire except as provided in this section. 2. From May 1through September

### 30 each year, it isunlawhl for any person to ignite, cause to be ignited, permit to be ignited or suffer, allow or maintain any open outdoor fire in area A as defined in section 49-541. B. The following fires are excepted fiom this section: 1.Fires used only for cooking of food or forproviding warmth for human beings or the branding of animals or the use of orchard heaters for the purpose of fiost protection in farmingor nursery operations. 2. 

### Any fire set or permitted by any public officer in the performanceof official duty, if such fire is set or permission given for the purpose ofweed abatement, the prevention of a firehazard, or instruction in the methods of fightingfires. 3. Fires set by or permitted by the director of the department of agricultureor county agricultural agents ofthe county for the purpose of disease and pest prevention. 4.. 

### Fires set by or permitted by the federal government or any of its departments, agencies or agents or the state or any ofits agencies, departments or political subdivisions for the purpose of watershed rehabilitation or control through vegetative manipulation. 5. Fires permitted by any rule orregulation issued pursuant to this article, by any conditional permit issued by a hearing board established under this article or by any rule or conditional permit issued pursuant to article 2 of this chapterwhen the department of environmental quality pursuant to section 49-402 has assumed jurisdiction of the countyin which the fire is located. 6. 

### Fires set for the disposal of dangerous materialswhere there is no safe alternate method of disposal. 

### C. Permission for the setting of any fire given by a public officer in the performance of official duty under subsection B, paragraph 2,3or 4 ofthis section shall be given in writing and a copy ofthe written permission shallbe transmitted immediately to the director of environmental quality and the control officer of the county, district orregion 

### in which such fire is allowed. The setting of any such fire shall be conducted in a manner and at such time as approved by the control officer or the director of environmental quality, unless doing so would defeat the purpose ofthe exemption. D. 

### Notwithstanding section 49-107, the directormay delegate authority for the issuance of open burning permits to a county, city, town or fire district. A county, city, town or fire districtthat has been delegated authority for the issuance ofopen burning permits may assign the issuance of these permits to a private fire protection serviceprovider that performs fire protection services within that county, city, townbr fire district. 

### ~ny private fire protection serviceprovider that is 

# fQ

### authorized to issue open burning permits pursuant to this subsection shall maintain a copy of a11 currently effective permits issued including a means of contacting the person authorized by the permit to set the fire in the event that an order to extinguish the open burning is issued. Permits issued pursuant to this subsection shall contain both of the following: 1. Conditions that limit the manner and time of setting the fire and that are consistent with this section and rules adopted pursuant to this section. 2. A provision that all burning be extinguished at the discretion of the director or the director's authorized representative duringperiods ofinadequate atmospheric smoke dispersion, periods of excessive visibility impairmentthat could adversely affectpublic safetyor periods when smoke isblown into populated areas so as to create a public nuisance. E. 

### The director may issue a general permit to allow persons engaged in farmingorranching on forty acres or more in an unincorporated area to burn household waste, as defined in section49- 

### 70 1,that is generated on site, ifno household waste collectionand disposal serviceis available. The generalpermit shall include the following: 1. Conditions governing the method, manner and times forburning. 

### 2. Limitation on materialswhich may be burned, including a prohibition on burning of materials which generate noxious fumes. 

### 3. 

### A requirementthat anyperson seeking coverage under the general permit shall register with the director on a form prescribed by the director.Upon receipt of a registration form, the director shall notifjthe county in which the farm or ranch is located of suchregistration. 4. A statement that the director, a Iocal air pollution control officer, or any other public officer may order the extinguishmentofburning or may prohibit burning during periods of inadequate smoke dispersionor excessivevisibility impairmentor at other times when public health or safetycouldbe adversely affected. 

### F. Nothing in this sectionis intended to permit anypractice which is a violation of any statute, ordinance, rule or regulation in a county with a population in excess of one million two hundred thousand persons. Notwithstanding any other law, such a county shall prohibit by ordinance the use of wood burning chimineas,outdoor fire pits and similar outdoor fires on those days for which the county has issued a no burn day restriction. 

### G. A person who violates any provision of this sectionmay be served a notice ofviolation and be subject to the enforcement provisions of this article to the same extent as 

### a person violating any rule or regulation adopted pursuantto this article, except that a violation that lasts no more than twenty-fourhours and that is the first violation committed by that person is subject to a civil penalty ofno more than fivehundred dollars. H. 

### For the purposes of this section, "open outdoor fire" means any combustion of combustible material of any type outdoors,in the open where the products of combustion are not directed through a flue. For the purposes of this subsection, "flue" means any duct orpassage for air, gases or the like, such as a stackor chimney.,- 

### When recorded return to: Clerk of the Board Pinal County P.O. Box 827 Rorence, Arizona 85232 

### ORDINANCE NO. 121207-AQ1 AN ORDINANCE APPLICABLE THROUGHOUT INCORPORATED AND UNINCORPORATED PORTIONS PINAL COUNTY LYING WITHIN OF AREA A AS DEFINED IN A.R.S. $49-541, REVISING RESTRICTIONS ON OUTDOOR BURNING, ON RESIDENTIAL WOOD COMBUSTION, 

### AND ON USE OF OPEN BURNING PERMITS, AND RESCINDING PREDECESSOR ORDINANCE NO. 122000-AQC. WHEREAS, the Pinal County Board of Supervisors ("Board") is empowered under A.R.S. $49-479to adopt rules for the purpose of controlling the release of 

### air contaminants throughout the County, including Township 1 North, Range 

### 8 East; WHEREAS, 40 CFR 481.303 identifies that portion of Pinal County designated as Township 1 North, Range 8 East, and commonly known as Apache Junction, as a portion of the Phoenix Planning Area Serious PM,, Nonattainment Area;



### -- WHEREAS, 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); 

### WHEREAS, the 2007 Arizona Legislature adopted Laws 2007, Chapter 292, commonly known as Senate Bill 1552, and that Bill mandated adoption of revised county ordinances more stringently regulating burning .throughout both Township 1 North, Range 

### 8 East and Area A as defined in A.R. S. $49-541; WHEREAS, A.R.S. $49-471.01, et 

### seq., e'stablish the procedural requisites for the Board's adoption of air quality rules or ordinances, and those requisites have been met;

### THEREFORE, for the purposes of: 1. 

### Protecting and preserving the quality of 

### air within Pinal County 

### in a sensible and orderly manner; 2. 

### Committing for purposes of the Phoenix Planning Area 

### PMlo serious nonattainment area If5%

### SIP" to the definition and enforcement of control measures to achieve reductions from 

### PMlo sources in 

### Township 

### 1north, 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. 121207-AQ1 

### PINAL COUNTY NO BURN ORDINANCE FOR AREA 

### A

1. Title. This Ordinance shall be known as the "Pinal County Area 

### A No Burn Ordinance." 

### 2. 

### Repeal Predecessor Ordinance No. 122000-AQC (December 20, 2000) is hereby repealed. 3. 

### Geographic Applicability This prohibitions under this ordinance apply to the "affected area," namely the 

### PinalCounty-portion of Area A as defined at A.R.S. $49-541, which includes the following areas, defined relative to the Gila & 

### Salt River Base and Meridian: Township 1 north, Range 

### 8 east Township 1 north, Range 9 

### east Township 1 south, Range 

### 8 east Township 1 south, Range 9 

### east Township 2 south, Range 

### 8 east Township 2 south, Range 

### 9 east Township 3 

### south, Range 7 east Township 3 

### south, Range 

### 8 east Township 3 

### south, Range 

### 9 east 4. 

### Triggering and Duration of Prohibition The "no burn" restrictions and prohibitions under 

### this ordinance shall arise by operation of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona Department of Environmental Quality for the Phoenix urban area for either carbon monoxide or particulate matter. 5. 

### Prohibition

# - Indoor 

### Residential Wood Combustion

a. Subject to the exceptions defined in 

### subsectionb. below, a "nobum" restriction shall arise in 

### the affected area with respect to use of indoor residential wood stoves or fireplaces. b. The restriction under 

### this subsection shall not apply to solid fuel combustion in

### any of the following: 1. 

### A residential wood stove or fireplace that provides the sole or primary source of heat or fueI for cooking for a residence. 2. 

### A stove or fireplace that meets performance standards for new residential wood heaters manufactured on or after July 1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 C.F.R. 

### Part 60, Subpart 

### AAA. 3. 

### A stove or fireplace that burns gaseous fuels.
4. 

### A stove or fireplace that conforms to rules adopted by the Board of Supervisors for burning wood in 

### approved appliances. c. Penalties for Violation Violation of this subsection shall subject the person who commits such violation to: 1. A 

### warning for the first violation. 2. The imposition of a civil penalty of fifty 

### dollars ($50.00) for the second violation.

. 

### 3. 

### The imposition of a civil penalty of one hundred dollars ($100.00) for a third violation.
4. 

### The impositionof a civilpenalty oftwo hundred and fifty 

### dollars ($250.00) for a fourth or any subsequent violation. d. For violations of this subsection of this 

### ordinance, the control officer or his representativeshall use a uniform civil ticket and complaint substantially similar to a uniformed traffic ticket and complaint prescribed by the rules of procedure in 

### civil traffic cases adopted by the Supreme Court. The Control Officer or his 

### representativemay issue citations to persons 

### in violation of this ordinance.
6. 

### Prohibition 

## - Suspension of Open Burning Permits

a. Existing open burn permits shall be suspended, and a "no burn" restriction within the affected area shall be imposed with respect to open burning regulated by an open burning permit issued pursuant to the Pinal 

### County Code of Regulations. b. No person affected by such a "no bum" restriction shall be entitled to a refund of any monies paid for an 

### open burning permit that may be suspended by virtue of imposition

1 >. I'

### of such a "no bum" restriction.

c. Violation of this subsection shall constitute both a civil and a criminal offense, and shall subject to the violator to civil or criminal prosecution as set forth in Arizona Revised Statutes Title 49, Chapter 3, 

### Article 

### 3 (A.R.S. 849-510, et seq). 7. 

### Prohibition 

## - Limitations on Otherwise 

### Exempt Outdoor Fires

a. Notwithstanding any other exemptions under this ordinance, a "no burn" restriction shall also apply within the affected area with respect to any outdoor solid fuel combustion in chimneas, fire pits and similar outdoor fires. b. Violation of this 

### subsection shall constitute a civil offense, and a person who violates the prohibition of this 

### subsection may be served a notice of violation and be subject to the enforcement provisions of Arizona Revised Statutes Title 49, Chapter 

### 3, Article 

### 3 (A.R.S. $49-510, et seq.), except that a violation that lasts no more 

### than twenty-four hours and that is the first violation committed by that person is subject to a civil penalty of no more than five hundred dollars. 8. 

### Definitions

a. "ControlOfficer"

### as used in this ordinance,means the director and executive head of the Pinal County Air Quality Control Districtresponsible for performing duties and exercising 

## - powers prescribed by law.
b. "Fireplace" as used in 

### this ordinance, means a built in place hearth and fire chamber or a factory-built appliance designed to bum solid fuel and which is intended for domestic use.

c. 

### "Inappropriate fuel" as used in this ordinance, includes but is not limited to leaves, grass clippings, green plants, refuse, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal 

### waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, 

### asphalticproducts, waste petroleumproducts, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 30 percent (30%),treated wood, plastic or plastic products, rubber or rubber products, office records, sensitive or classified wastes, or any substance which normally emits dense smoke or obnoxious odors. d. "Open outdoor fire" means combustion of any combustible material of any type outdoors, in 

### the open where the products of combustion are not directed through a flue. "Flue" means any duct or passage for air, 

### gases or the like, such as a stack or chimney.

e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or nonliquid fuels, including those fuels determined by the Pinal County Air Quality Control Director 

### as "inappropriatefuel" to burn in 

### residential woodburning devices.,- 

### f. 

### "Woodstove" means a solid-fuel burning heating appliance including 

### a pellet stove, which is either freestanding or designed to be inserted into a fireplace. 9. 

### Violations 

# - Limitations on Defenses Actions that violate this ordinance shall be 

### malumprohibitum, and a lack of knowledge that a "no burn" restriction has been imposed shall not constitute a defense. 10. 

### Effective Date
In accord with A.R.S. $49-471.08(D), this ordinance shall be effective on the date of adoption. 

### INWITNESS 

### WIIEREOF, the undersigned, 

### in accord with the vote ofthe 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 Supervisorson this 

## ~3% day of ~h?b

-> 

### 2007. PINAL COUNTY, a political subdivision of the State of Arizona, By: Chairman ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM:
James P. Walsh Pinal County Attorney

### PINAL COUNN DEPARTMENTOF DEVELOPMENT SERVICES AIR QUALITY CONTROL DISTRICT POST OFFICE BOX 987, 

### FLORENCE, ARIZONA 85232



### POSTING CERTIFICATION OF NOTICE

The undersigned hereby certifies that a copy ofthe attached notice was duly posted at:



### (1) Pinal County Administration 

### 1 -

### Bldg A Lobby on 

# 5
(2) Pinal County Treasurer's Office -

### Bldg E - (3)

### P~nal County Adrnin 3 -

### Bldg F Lobby on 

# hht.dx9 

# 5 (4) Justice Court -

### 400 S 

### CentralAve on (5) Pinal 

### Co Clerk ofthe Court - 

### 971 Jason Lopez Ci 

# r

1 -' 

### in accordancewith the statementfiled by the 

### PINAL COUNTY 

### AIR 

### QUALITY CONTROL ADVISORY COUNCIL with the 

### Clerk ofthe Pinal County Board of Supervisors.

Dated

### this day of ,2007

TanyaPalmos 

# &ik

Secretary 

### Pinal County Air 

### Quality Control District

### PUBLICNOTICE REGARDING AMENDMENT OF THE PINAL COUNTY NO BURN ORDINANCE The public is invitedto attend andtestify at a joint hearingbeforethe Pinal County Board of Supervisors and the Arizona Department ofEnvironmental Quality, to be held at 9:30 a.m. on December 12,2007. The Board has been asked to adopt an amended replacement version of the existing of Pinal County No Burn Ordinance for Area A, defined in A.R.S. $49-541 to include the area north of Arizona Farms Road and west ofRange 10East. Pursuant to A.R.S. $49-471.08, the notice published at 13 A.A.R. 3 158 (9/14/2007) described the Legislative mandate for certain revisions to the Ordinance, including a general ban on fueplace use and most outdoor fires 

### inresponseto high pollution advisories for particulate matter, and increased penalties for repeat violators of the bum ban ordinance. That notice invited public comment, but no comments were received. The only additional staff-recommended changes involve a typographical correction and a clarificationofthe syntax to consistently state that all elements of the ordinance apply to affected Area A. The Board will consider adoption of the revised ordinance, andwill alsoconsider submitting theresolutiontoADEQfor presentationto theEPA as a proposed revision to the Arizona State Implementation Plan, and specifically to the "5% plan1' required under Section 189(d)ofthe CleanAir 

### Act. Copies of the proposed ordinance may be inspected at Pinal County Air Quality, 31 North Pinal Street, Building F, Florence, Arizona. A commentperiod of at least 30 days will commencewith the first publication ofthis notice, and will close with the close of the hearing before the Board. Those wishing further information or to submit comments may contact Scott DiBiase, Pinal County Air Quality Planning Manager at either the address shown above or at 520-866-6929.



### .- No. ofpublications: 2; dates of publication: November 8 and 15,2007.

### PUBLICNOTICE REGARDING AMENDMENT OF THE PINAL COUNTY NO BURN ORDINANCE

Thepublic isinvitedto attend and testifyat a joint hearingbeforethe Pinal County Board of Supervisors and the Arizona Department ofEnvironmental Quality,to be held at 9:30 a.m. on December 12,2007. The Board has been asked to adopt an amended replacement version of the existing of Pinal County No Bum Ordinance for Area A, defined in A.R.S. $49-541 to include the area north ofArizona Farrns Road and west ofRange 10East. Pursuant to A.R.S. 549-471.08, the notice published at 13 A.A.R. 3158 (9/14/2007) described the Legislative mandate for certain revisions to the Ordinance, including a general ban on fireplace use and most outdoorfrresinresponse to high pollution advisoriesfor particulate matter, and increased penalties for repeat violators of the bum ban ordinance. That notice invited public comment, but no comments were received. The only additional staff-recommended changes involve a typographical correction and a clarification of the syntaxto consistentlystate that all elements of the ordinance apply to affected Area A. 

### The Board will consider adoption of the revised ordinance, andwill also consider submitting theresolutiontoADEQ for presentationto theEPA as a

### proposed revision to the Arizona State Implementation Plan, and specifically to the "5% plan" required under Section 189(d)of the CleanAir Act. Copies of the proposed ordinance may be inspected at Pinal County Air Quality, 31 North Pinal Street, Building F, Florence, Arizona. A comment period of at least 

### 30 dayswill commence with the first publication ofthis notice, and will close with the close of the hearing before the Board. Those wishing fbrther information or to submit comments may contact Scott DiBiase, Pinal County Air Quality

I

### Planning Manager at either the address shown above or at 520-866-6929.

I I

..

## - No. ofpublications: 2; dates ofpublication: November 8 and 15,2007MANUEL AGLllRRE JR, MAYOR TOWN OFWINKELMAN P BOX 386 L (ELMAN AZ 85292

WILLIAM RHODES, GOVERNOR GILA RIVER INDIAN COMMUNITY P 0 BOX 97 SACATONAZ 85247

ARIZONA ClTY VOLUNTEER FlRE DISTRICT POBOX6 ARIZONA ClTY

### AZ 85223

SUSANBERNAL US DEPARTMENT OF THE INTERIOR BUREAUOFLANDMANAGEMENT 12661 E BROADWAY BLVD TUCSON AZ 85748-7208

JEFF BROWN HUNTER CONTRACTING CO P 0 BOX 900 GI' BERTAZ 85299-0900

BUREAU OF LAND MANAGEMENT PHOENIX FIELD OFFICE 21605 N 7'" AVE PHOENIXAZ 85027-2099

RICHARD CARPENTER 11926 McGEE RD VALLEY FARMS

### AZ 85291

NRCS 520 N CAMINO MERCADO. SUITE 12 CASA GRANDE

### AZ 85222

JOHN INSALOCO, MAYOR CITY OFAPACHE JUNCTION 1001 N IDAHO ROAD APACHE JUNCTION AZ 85219

BYRON JACKSON, MAYOR ClTY OF ELOY 628 N MAlN STREET ELOYAZ 85231 BASlLLlO AJA ALLEN ANDREWS, VICE PRESIDENARIZONA CATTLE FEEDERS' HUNTER CONTRACTING CO ASSOC P 0 BOX 900 1401 N 24TH STREET, #4 GILBERT

### AZ 85299-0900 PHOENIXAZ 85008

JAMES APPERSON APPLIED ENVIRONMENTAL CONSULT ARIZONA CHAMBER OF COMMERCE 2465 W 12IhSTREET, SUITE 6 1850 N CENTRALAVE TEMPE AZ 85281 PHOENIX AZ 85004-4527

MONICA BADILLO, MAYOR TOWN OF HAYDEN POBOXB HAYDENAZ 85235 KATHY ARNOLD ASARCO INC P 0 BOX 5747 TUCSON AZ 85703-0747

DAVE BIDDLE JOHN BORTON AZ DEPT OF ENVIRONMENTAL QUALITY US EPA REGION IX, AIR-5 1I10 W WASHINGTON 75 HAWTHORNE STREET PHOENIXAZ 85007 SAN FRANCISCO CA 94105

JIM THOMPSON, CITY MANAGER BUREAU OF LAND MANAGEMENT CITY OF CASA GRANDE ARIZONA STATE OFFICE 510 E FLORENCE BLVD 222 N CENTRAL AVENUE CASA GRANDE

### AZ 852230-5011 PHOENIX AZ 85004-2203

RYLEY CARLOCK 1 N CENTRALAVENUE #I200 PHOENIXAZ 85004-4417

KENNETHCARPENTER P 0 BOX 35 VALLEY FARMSAZ 85291 DELIA M CARLYLE, CHAIRWOMAN AK-CHIN INDIAN COMMUNITY COUNCIL 42507 W PETERS 8 NALL ROAD MARICOPA

### AZ 85239

DEL CAUDLE EVERGREEN AIR CENTER INC PlNALAIR PARK MARANA

### AZ 85653-9501

GEORGE HOFFMAN, CITY MANAGER JOE BLANTON, CITY MANAGER CITY OF APACHE JUNCTION CITY OF ELOY 1001 N IDAHO ROAD 628 N MAIN ST APACHE JUNCTIONAZ 85219 ELOYAZ 85231

COOLIDGE FlRE DEPARTMENT 130 W CENTRALAVE COOLIDGE AZ 85228

JANET DARCEY MARICOPA COUNTY DIVISION OF AIR POLLUTION CONTROL 1001 N CENTRALAVENUE SUITE 200 PHOENIXAZ 85004 JO CRUMBAKER MARICOPA COUNTY DIVISION OF AIR POLLUTIONCONTROL 1001 N CENTRAL AVENUE SUITE 200 PHOENIXAZ 85004 DOUGDOBSON PUBLIC WORKS DIRECTOR ClTY OF APACHE JUNCTION 1001 N IDAHO ROAD APACHE JUNCTIONAZ 85219IRA DOMSKY LEO DRUMM AZ DEPT OF ENVIRONMENTALQUALITY ARIZONA GAME & FISH DEPT 1' W WASHINGTON 2221 W GREENWAY RD P. LNlX

### AZ 85007 PHOENIX AZ 85023-4312

HOWARD ELLIOTT 22234 E CACTUS FOREST RD FLORENCEAZ 85222

ROGER FELTY 5575 N MARIA DRIVE TUCSONAZ 85704

FERTIZONA 2850 S PERT ROAD CASA GRANDE

### AZ 85222

MR STEVE FREY US EPA REGION IX AIR-5 75 HAWTHORNE STREET SAN FRANCISCO CA 94105

ASARCO INC POBOX8 HAYDENAZ 85235

RICK GIBSON UNIVERSITY OF ARIZONA COOPERATIVE EXTENSION SRVC 820 E COTTONWOOD, BLDG C CASA GRANDEAZ 85222 MARTIN GODUSI APPLIED ENVIROSOLUTJONS 325 E SOUTHERN AVE SUITE 11 5 TEMPE

### AZ 85282

BARBARAGROSS US EPA REGION IX AIR-1 75 HAWTHORNE STREET SAN FRANCISCO CA 94105

.TT HARRISON PlNAL FEEDINGCO P 0 BOX 609 MARICOPAAZ 85239 ELOY FlRE DISTRICT 500 S SUNSHINE BLVD ELOYAZ 85231

CECIL FENDLEY, CHIEF QUEEN VALLEY VOLUNTEER FlRE DEPARTMENT 1494 QUEEN VALLEY DRIVE QUEEN VALLEY

### AZ 85219

FLORENCE FlRE DEPARTMENT P 0 BOX 2670 FLORENCEAZ 85232

SHANE KIESOW CITY OF APACHE JUNCTION 575 E BASELINE APACHE JUNCTIONAZ 85220

FRANK GARCIA, FlRE CHIEF STANFIELD VOLUNTEER FlRE DEPARTMENT P 0 BOX 29 STANFIELDAZ 85272

ROWE GILBERT 22695 CACTUS FOREST RD FLORENCEAZ 85232

CRAIG WILLIAMS, MAYOR TOWN OF MAMMOTH POBOX 130 MAMMOTH

### AZ 85618

LINDA HALL FRITO-LAY INC 1450W MARICOPA HIGHWAY CASA GRANDEAZ 85222

JIM HARTDGEN 11515 N FANTAIL TRAIL CASA GRANDEAZ 85222 DLIDLEYVILLE FlRE DISTRICT POBOX710 WINKELMAN AZ 85292

DAVID FIELDS P 0 BOX 3082 EMC CASA GRANDE AZ 85222

ROGER FERLAND. ESQ STEICH LANG RENAISSANCE ONE TWO N CENTRAL AVENUE PHOENIXAZ 85004-2391

JOE LA FORTUNE TOWN OF QUEEN CREEK 22350 S ELLSWORTH RD QUEEN CREEKAZ 85242

ENVIRONMENTAL COORDINATOR FRITO-LAY INC 1450 W MARICOPA HIGHWAY CASA GRANDE

### AZ 85222

PAUL RINGER GREATER CASA GRANDE VALLEY ECONOMIC DEVELOPMENT FOUND 201 E 3' STREET CASA GRANDEAZ 85222

JAMES GLASSTON ADVISORY COUNCIL POBOXM SAN MANUEL AZ 85631

RICHARD GRlMALDl PlMA COUNTY DEQ 130 W CONGRESS STREET 3RD FLOOR TUCSON AZ 85701

ERNIE HANCOCK 22409 CACTUS FOREST RD FLORENCEAZ 85232

M.D. HARTMAN WPNRCD 14291 N ANDERSON RD MARICOPA

### AZ 85239KARENJ HEIDEL PhD ENVIRONMENTAL CONSULTANT ARIZONA DEPARTMENTOF TRANSP. Ihl''SMODAL TRANSPORTATION DIV 2. 171H AVENUE MD619E PHOENIXAZ 85007-3213

BLAKE HERZOG CASA GRANDE VALLEY NEWSPAPER P 0 BOX 15002 CASA GRANDEAZ 85230-5002

ROGER HOOPER ARIZONA COTTON GROWERS ASSOCIATION 4139 E BROADWAY PHOENIXAZ 85040

RON HUNKLER ADVISORY COUNCIL 34317 N GOLDMINE GULCH TRAIL QUEEN CREEKAZ 85242

DEBORAH JORDAN UNITED STATES EPA, REGION IX AIR-1 75 HAWTHORNE STREET SAN FRANCISCO CA 941 05-3901

PETER KELM FLORENCE COPPER 14605 E HUNT HIGHWAY FLORENCEAZ 85232
i ( JOHNKLINE 1 FLORENCE COPPER INC 

## 1 FLORENCE PROJECT 

### i 14605 EAST HUNT HIGHWAY FLORENCEAZ 85232

DONOVAN KRAMER SR CASA GRANDE VALLEY NEWSPAPER P 0 BOX 15002 CASA GRANDE

### AZ 85230-5002

DALLAS LANE REGIONAL FlRE RESCUE 7951 W McCARTNEY RD CASA GRANDEAZ 85222

DAVID LIMA HEXCEL CORPORATION P 0 BOX 15006 CASA GRANDEAZ 85230-5006 JIM HENNESS WPNRCD 5738 W HIGHWAY 287 CASA GRANDEAZ 85222

TERRY HESLIN ARIZONA STATE PARKS 1300W WASHINGTON PHOENIXAZ 85007

HUGHES 8 GANZ CATTLE COMPANY P 0 BOX 399 QUEEN CREEK AZ 85242

JOHN P KENNEDY ENVIRONMENTAL TECHNOLOGY INC 2541 E UNIVERSITY PHOENIXAZ 85034

ROBERT KARD MARICOPA COUNTY DIVISIONOF AIR POLLUTIONCONTROL 1001 N CENTRAL AVENUE, SUITE 595 PHOENIXAZ 85004

JOHN KEVIN ADVISORY COUNCIL P 0 BOX 2187 APACHE JUNCTIONAZ 85217

VERA KORNYLAK AZ CENTER FOR LAW IN THE PUBLIC lNTEREST 2205 E SPEEDWAY BLVD TUCSONAZ 8571 9-4728
URSULA KRAMER, DIRECTOR PIMA COUNTY DEQ 130W CONGRESS, 3RD FLOOR TUCSON AZ 85701-131 7

KATHl LAWRENCE PlMA COUNTY DEQ 130W CONGRESS STREET 3RD FLOOR TUCSONAZ 85701-1317
NED NORRIS, JR, CHAIRMAN TOHONO O'ODHAM NATION P 0 BOX 837 SELLS.AZ 85634 CRISTOBAL HERNANDEZ CITY OF CASA GRANDE FlRE DEPT 510 E FLORENCE BLVD CASA GRANDE AZ 85222

ED HEURING BROWN EVANS DISTRIBUTING CO P 0 BOX 5840 MESAAZ 8521 1

JACK HUGHES POBOXll VALLEY FARMS AZ 85291

CALVIN JOHNSON CASA GRANDE SERVICE CENTER 520 N CAMINO MERCADO, SUITE 12 CASA GRANDE AZ 85222

KEARNY FlRE DEPARTMENT P 0 BOX 639 KEARNY AZ 85237

ILISA KILLION URS CORPORATION 130 ROBIN HILL ROAD SITE 100 SANTA BARBARA CA 931 17

WARREN KOSTERS MARICOPA COUNTY DIVISION OF AIR POLLUTION CONTROL 1001 N CENTRAL AVENUE SUITE 200 PHOENIX

### AZ 85004

ARB CAMPBELL ADVISORY COUNCIL 43303 W LllTLE DRIVE MARICOPA AZ 85239

MARK LEWANDOWSKI AZ DEPT OF ENVIRONMENTAL QUALIP 1100W WASHINGTON PHOENIXAZ 85007

STEPHEN P. LllTLER BIOSPHERE2 DECISIONS INVESTMENTS CORP P 0 BOX 689 ORACLE AZ 85623JESS LOTWALA MARICOPA COUNTY DIVISION OF AIR POLLUTION CONTROL If- ' N CENTRAL AVENUE SUITE 200 F :NIXAZ 85004

AMANDA McGENNlS ARIZONA CHAPTER ASSOCIATED GENERAL CONTRACTORS 1825 W ADAMS ST PHOENIX

### AZ 85007

PARTICIA MARIELLA, PH.D GILA RIVER INDIAN COMMUNITY DEPT OF ENVIRONMENTAL QUALITY P 0 BOX 97 SACATON AZ 85247 BILL MAXWELL PIMA COUNTY DEQ 130 W CONGRESS STREET 3RD FLOOR TUCSON AZ 85701 -1

317

DlVlSlON OF MILITARY AFFAIRS 5636 E MCDOWELL ROAD PHOENIXAZ 85008

WAYNE NASTRI REGIONALADMINISTRATOR US EPA REGION IX 75 HAWTHORNE STREET SAN FRANCISCO CA 94105

HELEN NEUHARTH GREATER CASA GRANDE CHAMBER OF COMMERCE 575 N MARSHALL CASA GRANDE AZ 85222

STEVEPEPLAU ARIZONA DEPARTMENTOF ENV QLW 1100 W WASHINGTON PHOENIXAZ 85007

NEDRA QUICK ADVISORY COUNCIL P 0 BOX 888 FLORENCEAZ 85232

JULIE ROSE US EPA REGION IX 75 HAWTHORNE STREET SAN FRANCISCO CA 94105 THOMAS A MCCARVILLE MCCARVILLE, COOPER & VASQUEZ P 0 BOX 15005 CASA GRANDE

### AZ 85230-5005

COLLEEN MCKAUGHAN EPA-REGION 9 TUCSON OFFICE 1050 W SADDLE HORN DRIVE TUCSON AZ 85737

DAVID MARTIN EXECUTIVE DIRECTOR ARIZONA GENERAL CONTRACTORS 1825 W ADAMS ST PHOENIX AZ 85007

P K MEDHl ADVISORY COUNCIL 1002 SHADOW RIDGE DRIVE CASA GRANDEAZ 85222

DAVID MONTGOMERY DEPUW FlRE MARSHAL APACHE JUNCTION FlRE DISTRICT 1455 E 1 BTH AVENUE APACHE JUNCTION AZ 85219

NATIONAL GYPSUM COMPANY STAR ROUTE HIGHWAY77 WINKELMANAZ 85292 DUNCANMCCOOK ANDERSON CLAYTON CORP P 0 BOX 12506 FRESNO CA 93778

PAULA MANLOVE ENVIRONMENTAL SYSTEMS CORP 200 TECH CENTER DRIVE KNOXVILETN 37912

JERRY MAY MAGMA COPPER COMPANY P OB OX M SAN MANUEL AZ 85631

MICHAEL HING, MAYOR TOWN OF SUPERIOR 734 MAIN STREET SUPERIOR

### AZ 85273

SAM MORRIS ENVIRONMENTAL HEALTH & SAFEN PENDA-GLASSTITE INC 600 N HWY 4 DUNNELL MN 56127

DAVID NEAL MOBILE MINI INC 11755 N MIP ENTRANCE ROAD MARICOPA AZ 85239

ORACLE VOLUNTEER FIRE DISTRICT DON PEARCE, CHIEF P 0 BOX 977 MARICOPA FIRE DEPARTMENT ORACLE AZ 85623 P 0 BOX 136 MARICOPA AZ 85239

TAMARYAJ PIKE ARIZONA STATE LAND DEPT 1616 W ADAMS PHOENIXAZ 85007

GERARD0 RlOS US EPA REGION IX 75 HAWTHORNE STREET. AIR 3 SAN FRANCISCO CA 94105

FLOREN'I'INO SAIZ, FlRE CHIEF MAMMOTH FlRE DISTRICT P OB OX 432 MAMMOTHAZ 85618 MIKE PUT2 HARBORLITE CORPORATION P 0 BOX 960 SLlPERlORAZ 85273

ROBERT ROOS, ESQ LEWIS & ROCA LLP 40 N CENTRAL AVENUE PHOENIX

### AZ 85004429

SAN MANUEL FlRE DEPARTMENT P 0 BOX 651 SAN MANUEL AZ 85631BILL SAWYER MARICOPA FEEDYARD LLC P ' ?OX 280 Iv, ZOPA AZ 85239

JOHN SKELLEY ARIZONA GRAIN CO, INC P 0 BOX 11188 CASA GRANDE AZ 85230-1 188

OLE SOLBERG ADVISORY COUNCIL 508 E BARRUS PLACE CASA GRANDE

### AZ 85222
HARRISON TALGO, CHAIRMAN SAN CARLOSAPACHE TRIBE COUNCIL POBOXO SAN CARLOSAZ 85550

JANET TRAVIS GILA RIVER INDIAN COMMUNITY DEPT OF ENVIRONMENTAL QUALITY P 0 BOX 97 SACATON

### AZ 85247

TRINITY CONSULTANTS INC 12801 N CENTRAL EXPY SUITE 1200

: DALLAS TX 75243-1 733

I PETE WAGNER PIMA COUNTY DEQ

I 130W CONGRESS STREET 3RD FLOOR TUCSON AZ 85701-1317
WESTERN CHALLENGE, INC 610 BELL RD #2-243 PHOENIXAZ 85022-2393

TOM RANKIN, MAYOR TOWN OF FLORENCE P 0 BOX 2670 FLORENCE AZ 85232

WENDY ZlMMERMAN GERAGHTY& MILLER INC 8222 SOUTH 4aTnSTREET #I40 PHOENIX AZ 85044 ARIZONA PUBLIC SERVICE CO SAGUARO POWER PLANT MAIL DROP 4552 P 0 BOX 53933 PHOENIX AZ 85072-3933

RUTH BLUMER CIRCLE K STORES INC P 0 BOX 52085 PHOENIX

### AZ 85072-2085

CARL STEVENSON RED ROCK FEEDING CO P 0 BOX 1039 RED ROCK AZ 85245

MICHAELTHOMPSON EVERGREENAIR CENTER INC PINALAIR PARK MARANAAZ 85653-9501

JEFF J PARKER ADIVSORY COUNCIL POBOXM SAN MANUELAZ 85631

BOB TROTTER US EPA REGION IX 75 HAWHORNESTREET SAN FRANCISCO CA 94105

BOB JACKSON, MAYOR ClTY OF CASA GRANDE 510 E FLORENCE BLVD CASA GRANDEAZ 85222 JOEL NICKEL UNITED METRO MATERIALS P 0 BOX 52140 PHOENIXAZ 85072-2140

DEBRA SOMMERS, MAYOR TOWN OF KEARNY P 0 BOX 639 KEARNY

### AZ 85237

DEAN SVOBODA ClTY OF APACHE JUNCTION 1001 N IDAHO RD APACHE JUNCTION AZ 85219

MIKE TRAUBERT 

### AZ DEPT OF ENVIRONMENTAL QUALIP 1100 W WASHINGTON PHOENIX

### AZ 85007

JON TREJO TREJO INVESTMENTS P 0 BOX 30000 MESA

### AZ 85275-0000

LARRY TWIG ROSS LABORATORIES 1250 W MARICOPA HIGHWAY CASA GRANDE AZ 852222

MEG WEESNER SAGUARO NATIONAL MONUMENT 3693 S OLD SPANISH TRAIL TUCSON AZ 85730

STEVEN M WHEELER SNELL L& WILMER LAW OFFICES JUDY WOOD ONE ARIZONA CENTER ARIZONA STATE LAND DEPT PHOENIX AZ 85004-0001 1616 W ADAMS PHOENIX AZ 85007

NANCY WRONA THOMAS SHOPE, MAYOR AZ DEPT OF ENVIRONMENTAL QUALITY ClTY OF COOLIDGE OFFICE OF AIR QUALITY 130 W CENTRAL AVE II00W WASHINGTON COOLIDGE AZ 85228 PHOENIX

### AZ 85007

SUE GROFF THE COMMUNICATOR 50947 W PAPAGO RD MARICOPAAZ 85239 ROBERT BROWN P 0 BOX 11281 CASA GRANDEAZ 85230-1281ROBERT ZIMDAR 64231 E. CAT CLAW LANE SADDLEBROOKE AZ 85739

SPENCERKAMPS HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA 3200 E CAMELBACK RD SUITE 180 PHOENIX AZ 85018

GREG WEURTZ ARIZONA WHEAT GROWERS ASSOC 4139 E BROADWAY PHOENIX

### AZ 85040

ANDREA MARTIN AIR QUALITY PROGRAM MANAGER ARIZONA DEPT OF AGRICULTURE 1688W ADAMS ST PHOENIX AZ 85007
MAXINE LEATHER, EX DIRECTOR CAAG 1075 S IDAHO RD, SUITE 300 APACHE JUNCTION,

### AZ 8521 9 JEFF PARKER POBOXM SAN MANUEL

### AZ 85631 KELLY ANDERSON, MAYOR CITY OF MARICOPA P 0 BOX 610 MARICOPA AZ 85239

RICK LAVlS RUSSELL BOWERS, EXEC DIRECTOR ARlZOlNA COlTON GROWERSASSOC ARIZONA ROCK PRODUCTS ASSOC 4136 E BROADWAY RD 916 W ADAMS ST PHOENIX

### AZ 85040 PHOENIX

### AZ 85007

DAN DUGAN DUGAN DAIRY INC 3304 N OVERFIELD RD CASA GRANDE

### AZ 85222 COREY WOODS AMERICAN LUNG ASSOCIATION OF 

### AZ 102 W MCDOWELL RD PHOENIXAZ 85003

DEBBIE HOPKINS COUNTY EXECUTIVE DIRECTOR KEVIN STEIN PlNAL CO FARM SERVICEAGENCY NRCS ARIZONA STATE OFFICE 520 N CAMINO MERCADO SUITE 10 230 N FIRST AVE, SUITE 509 CASA GRANDEAZ 85222 PHOENIX AZ 85003

ARTHUR SANDERS. MAYOR TOWN OF QUEEN CREEK 22350 S ELLSWORTH RD QUEEN CREEK

### AZ 85242-931 1

### STATEOF ARIZONA 

# 1

ss. 

# corn OF PINAL PUBUCNOnCE

REOARDING AMENDMENT OFTHE PINKCOUNTY NO BUYORDINANCE ~plblkrlmmdm8mMd~d 

# az&LPsupex2 th. Arizona Department of EtwhwmnW Omlky, to be had at 9:30 am. on Decanbw 12,2007.~hs Boudhork.na8kedtoadoptM ammddwvsnbnofthe sri.tlng of Plnal County No Burn -bfhAA,de6ndhAR.S. 

# Ez: :arx%o.2 

# z 

# : Range 10 EUL Pumuant 6 AR.S. W7l.W,tho ndce prbWud at 13 AAR. 31SB(Wl-7) desulbed the L+gblsUv8 m8ndUo br cartah rsvlJm O tho Odhnca, indudlng a gend.lonti~use8ndmoa w(ldoorfirmIniwmmoto hii pdlu- cion advlsorlsr h puUculPOI matter, endinarvredpemllkmbrmpontvb -c4thobumbanordmMm.Tht ~~pub(lc~Mno -a wn mwhd. Ths onty pddWbnrl rplf-ncommendedchanges mUhm8tYPoQnPhiQlconedbnMd 8~tkindthoynb*boCoMi~ ~~amtethtdI~Oftho0rdC nenarpplyrnslLcoedAmaA.Ths Bwrd wlll amaidor adophn of the~0rdnurqurdwril~CoMidor wbmm rha ~adutkn to ADEQ fiw pummonto tho Em a pro- poudrarWonrorhaArlavleState -tbn Pi-, 8nd Speciclcelly to Wm 5#p(M.required under Secllon IWd) d tho Clean Air Ad Caphof me proposed ordinanca may be IwmXod at .Pind County %Wi 31 North P~nal Stmot. Budding F. Flonncs. Arimru. A comment perrod wWdor6vAmmedouofheh&ing krkmtho Boud.Thae wming furthor lrrRmumortommay -tact Scott DIBbce. Plnml Cwnty Air UiiyPlamlng MMagar atbith.lmoaddrssdwmabavoor pt!m4smze. Nadprblii:2;deBsdplbllce tkr*: Nov. 8.15, M07. 

# davit 

# of 

# PuMlNOVAN M. KRAMER SR. fit being duly sworn dewses and savs: Thnt he is a native born citizen of the United States of -.

r~~~~~ 

# . America, over 21 years of age. that he is publisher of the Florence Reminder and Blade-Tribune, a weekly newspaper published at Florence, Pinal County, Arizona, onThmsday of eachweek; that a notice, a full, me and complete printed copy of which is hereunto attached, was printed in the re ular edition of said newspaper. and not in a supplement thereto, for c~utive issues the fitpublication thereof having been on the 8TH day of NOVEMBER A.D.. 20W Second publication NOVEMBER 15, 2007 Third publication Fourth publication Fifthpublication Sixthpublication 

# FLORENCEREMINDER

# ANDBLADE-TRIBUNE

Sworn day of

# Amdsvit 

# ofPublication STATE OF 

### ARIZONA 

# } ss. 

### COUNTY OF PINAL

PUBUC NOTICE

REOARDING AMENDMENT OFTHE PlNALCOUNTY NO BURN ~DiNANCE ThapcrbllchIrm(sdtosttsndand khru lhpmmmt of EmiroM#r*JauJily,lob.hddat 930~m.on~lZ~.W Boudhu~aabtdto~~M UMnCbd~vwrpnofms exidng of Plrul County No Burn odhnceborkuh~inAR.S. 049511toindud.th.seanorthof AriZolrp Farm Rod and mat of Ru\gr 10 Errt hmmnt to A.R.9. -7l.Oe. IbO st 19 MR. 31s (MU20Q7) dosabod the mwathm~(aartjnrevC -O~~.klC(Udklga tlon.dvicori.r(aputiarlst.malter, ud~~lurrqmtvk lpondthbumbmardhuwrs.Thel nobb.lnvWldpublicoommrntbUm

- - inwiv8.~awrabbna aclamakmcbme~to~ ~~UmtU~d~eordi- ~lpplVto~hA~ BoudwWoonadw~ofth. lvamdadlnMm,andW~~-

lao(d)dh.ClunNrM~of wpropawd-wk, Irpp.cM at Plru) Air 31 Nam Phd &met. BulIdg --A,crYMwntpabd dd~90dy.d~wrllh Umfim 

### . dm&mticu.and dOr%EFLearmb.lmth.~.ThOuwbhnOturtherinlwmrrtbnWto.uknkeommenb my contact Scoll Dim. Pinal Cmnty Air QdW PluninO MaPte~the~~PbaveOc (it-. DONOVANM.KRAMER SR first being duly sworn deposes and says: That he is a native born citizen of the United States of America. over 21 years of age, that he is publisher of the Casa Grande Dispatch, a daily newspapet published at Casa Grande, Pinal County. Arizona. Tuesday through Sunday of each week; rhat a notice, a full. true and complete printed copy of which is hereunto attached. was printed in the regular edition of said newspaper, and not in a supplementthereto, for TWO consecutive issues the first publication thereof having been on the 8TH day of NOVEMBER A.D.. 2007
Second publicationNOVEMBER 15- 2007 Third publication Fourth publication Fifth publication Sixth publication 

# CASA GRANDE

# DISPATCH

BY DONOVAN M. KRAMER SR., Publisher Sworn to before me this 

# *

day of

Notary Public in and for the County of Pinal, State of Arizona

---*a**"- 

# -- - xo!a~, 3,1~1u sat13 O~A~MM analCcuntv 

### wane 1 M~.mle My f:~murlmiss:~ Ex- .? 

### . ,>P

# Affidavit 

# ofPublication

Beforeme, aNotaryPublic

### inandforth ty

### ofPinal,

### S teofArizona,this the day of ,20a 

### appeared 

# 7- QIA/ 

# h,, who duly sworn says thathe/sheis

### theadvertisingconsultantoftheApachekctionNews, aWeeklyNewspaperof General Circulation,publishedinArizona, and 

### is atrue andcompletecopy,published 

### in said 

### Newspaper

### BeginninguqW_,2 

### andpublished on the followingdates: 

### Llsml%& 

## ]q

r 

## \C/) No Other Date

Signed 

# hd&, 

# UQ-&

whoae identityIproved onthe basis of whoso idanti@ I proved onthe oatW&kwtion of acrediblewitness 

# .
to be the signeroftheabove document, and hdshe

Noto'y i'~>"c. State 01Arltona kloi.copa County My Commlaalon Erplle8

June 29.2008

## PUBLICNOTIC% 

# '-
REGARDING

### AMENDMENT OF 

### ThEPINAL

### COUNTY NO 

### BURN ORDINANCE Thepblicisinvitedtoathd andtestify af a* b- MoretbtPa hmly Barrd~fS~.ndthC~DepartmmtofEmriSonmenrrJ~ty,to behadu9:30rm,on~1'2uX)7.TbcBoudb~~todopmamadcdrrplrcmcntvo~ionoffheexisthgofPiaulCau&SkBum(3rdiforA&a~. definedinARS. 649-541 toincludethe mud ofkhna FumrRod .ddwest of Range IQ* PIlrwrnt CQAR.S. 049-4fl.08, theDotice @M~13AAR31M(W14tZ007)mthc-rrmvilHfd dincruoedpeaaltiafbrrcpat*of~bebwllbmgdiiirnce..'~ht~#ice invited pblic comma& but no commnts wcm received. Tbsdy additid W-rccammW @anpa involve a typognphiul don and a clari6~1- ~ofthcs~toc(olEs(rmtly~thrtadurrmtr0ftbtadiaracelpplyto .fhcted Am A..llw Bd will cwsideradoptionof tbsrcvkcd ordbmm, cmd willalw conriderrubmittins Ihert00MiontoADEQ forplese31EltiwtotheEPA aa apoposcdreviPioPlto the MzoaaStareImplemmationP@ aud speakally t>totbe W%pla"~unQ~n 189(d)ofthe~~AirktC!opkoftbc ~oriiiollacemrybeimpoftdduPinalCountyAir~131N~~ Saw, &liMiolF, Rcmm,ArizooLAcommcnt&of atM30 byewillArizonaAdminktrative Regkter /Secretary ofBate County Notices Pursuant to A.RS. 

### 5 49-112 

## COUNTY NOTICES PURSUANT TO A.R.S. 

# 8 49-112

- Because each county writes rules and regulationsin its own unique style, County Notices published in the Register do not conform to the standards of theArizona Rulemaking Manual.With the exceptionof minor formatting changes, the rules (including subsec- tion labeling, spelling, grammar, and punctuation)are reproduced as submitted.


### NOTICE OF EXPEDITED RULEMAKING PURSUANT TO A.R.S. $ 49-471.O1 et seq. PINAL COUNTY AIR QUALITY CONTROL DISTRICT [M07-4871 1. Preamble 2. The Pinal County Air Quality Control District constitutes an operating division of Pinal County, a political subdivision of the State of Arizona. The District proposes that the Board of Supervisors adopt a new ordinance imposing limited "no bum" restrictions in a specific portion of the County. The restrictions would apply when the Arizona Department of Environmental Quality ("ADEQ") declares a locally applicable high pollution advisory for carbon monoxide or particulate matter. These revisions are mandated by changes to A.R.S. $811-871 and 49-501, as amended by Laws 2007, Chapter 292 ("Senate Bill 1552"). To the extent the proposal affects permits issued under the existing rule-based open burning permit program, the proposal also invokes the authority ofA.R.S. $49-479. The proposal also includes a repeal of a predecessor ordinance. 3. Those wishing further information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, Pinal County Air Quality, 31 North Pinal St., Building F, Florence, Arizona, 520-866-6969. To the extent possible, the District will also post information on the County's website, www.co.pinal.a-.us,under the "air quality" link. 4. Given that these changes at least partly rely upon authority of A.R.S. Title 49, the ordinance-adoption process will conform to the expedited adoption process defined in A.R.S. § 49-471.08. That process will include publication ofthis notice of proposed rulemaking in the Arizona Administrative Register, a 30 day public comment period, and a subsequent submittal to the Board of Supervisors for consideration and adoption. The administrative process will not include an oral proceeding. The date and location for the hearing-of-adoption before the Board of Supervisors will be separately scheduled and noticed in accord with the applicable provisions of A.R.S. $8 11-251.06,49-471.07 and 49-471.08, and, where applicable, the requirements of 40 CFR 51.102. That hearing before the Board of Supervisors is tentatively scheduled for December, 2007. 5. This proposal responds to a statutory mandate. There are no supporting studies. The legislative mandate obviates any economic, small business or consumer impact discussion. The ordinance will be effective upon adoption by the Board of Supervisors,which is tentatively scheduled for December, 2007. There are no prior register notices pertaining to this proposal. 6. Pursuant to A.R.S. $ 49-471.08(A)(2), Donald P. Gabrielson, the Control Officer for the District, finds that Senate Bill 1552 $3mandates that the County ban use of indoor wood burning fireplaces in Area A whenever ADEQ declares a high pollution advisory for carbon monoxide or particulate matter. Similarly, Senate Bill 1552 $18 mandates that the County ban outdoor burning in Area A whenever ADEQ declares such an advisory. The Control Off~cer finds that the proposed ordinance is substantially identical to the sense, meaning and effect of the state law from which it is derived. 7. Text ofProposed Ordinance Ordinance No. PINAL COUNTY NO BURN ORDINANCE FOR AREA A 1. Title. This Ordinance shall be known as the "Pinal County Area A No Bum Ordinance." 2. Repeal. Predecessor Ordinance No. 122000-AQC (~ecember 20,2000) is hereby repealed. 3. Geographic Applicability. The prohibitions under this ordinance apply to both incorporated and unincorporated regions within the "affected area," namely the Pinal-County-portion of Area A as defined at A.R.S. $ 49-541, which includes the following areas, defined relative to the Gila & Salt River Base and Meridian:


### - Township 1 north, Range 8 east 

## - Township 1 north, Range 9 east 

### - Township 1 south, Range 8 east 

## - Township 1 south, Range 9 east 

### - Township 2 south, Range 8 east 

## - Township 2 south, Range 9 east 

### - Township 3 south, Range 7 east 

### - Township 3 south, Range 8 east 

# - Township 3 south, Range 9 east Volume 13, Issue 37 Page 3 1 58 Seotember 14.2007Arizona Administrative Register/Secretary of State County Notices Pursuant to A.R.S. 

### 5 49-112
4. Timing and Duration of Prohibition. The "no bum" restrictions and prohibitions under this ordinance shall arise by operation of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona Department of Environmental Quality for the Phoenix urban area for either carbon monoxide or particulate matter. 5. Prohibition 

## - Indoor Residential Wood Combustion a. Subject to the exceptions defined in subsection b. below, a "no bum" restriction shall arise with respect to use of indoor residential wood stoves or fireplaces. b. The restriction under this subsection shall not apply to solid fuel combustion in any of the following: 1. A residential wood stove or fireplace that provides the sole or primary source of heat or fuel for cooking for a residence. 2. A stove or fireplace that meets performance standards for new residential wood heaters manufactured on or after July 1, 1990 or sold at retail on or after July 1, 1992as prescribed by 40 CFR Part 60, Subpart AAA. 3. A stove or fireplace that bums gaseous fuels. 4. A stove or fireplace that conforms to rules adopted by the Board of Supervisors for burning wood in approved appliances. c. Penalties for Violation. Violation of this subsection shall subject the person who commits such violation to: 1. A warning for the first violation. 2. The imposition of a civil penalty of fifty dollars ($50.00) for the second violation. 3. The imposition of a civil penalty of one hundred dollars ($100.00) for a third violation. 4. The imposition of a civil penalty of two hundred and fifty ($250.00) for a fourth or any subsequent violation. d. For violations of this subsection of this ordinance, the control officer or his representative shall use a uniform civil ticket and complaint substantially similar to a uniformed traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Control Officer or his representative may issue citations to persons in violation of this ordinance. 6. Prohibition 

# - Suspension of Open Burning Permits a. Existing open bum pennits shall be suspended, and a "no bum" restriction within the affected area shall be imposed with respect to open buming regulated by an open buming permit issued pursuant to the Pinal County Code of Regulations. b. No person affected by such a "nobum" restriction shall be entitled to a refund of any monies paid for an open buming permit that may be suspended by virtue of imposition of such a "no burn" restriction. c. Violation of this subsection shall constitute both a civil and a criminal offense, and shall subject the violator to civil or criminal prosecution as set forth in Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. Ej 49-5 10,et seq.). 7. Prohibition 

## - Limitations on Otherwise Exempt Outdoor Fires a. Notwithstanding any other exemptions 

### "rider this ordinance, a "no bum" restriction shall also apply within the affected area with respect to any outdoor solid fuel combustion in chimneas, fire pits and similar outdoor fires. b. Violation of this subsection shall constitute a civil offense, and a person who violates the prohibition of this subsection may be served a notice of violation and be subject to the enforcement provisions of Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. 

### 8 49-510, et seq.), except that a violation that lasts no more than twenty-four hours and that is the first violation committed by that person is subject to a civil penalty of no more than five hundred dollars. 8. 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. b. "Fireplace" as used in this ordinance, means a built in place hearth and fire chamber or a factory-built appliance designed to burn solid bel and which is intended for domestic use. c. "Inappropriate fuel" as used in this ordinance, includes but is not limited to leaves, grass clippings, green plants, refuse, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, asphaltic products, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 30 percent (30%), treated wood, plastic or plastic products, rubber or rubber products, office records, sensitive or classified wastes, or any substance which normally emits dense smoke or obnoxious odors. d. "Open outdoor fire" means combustion of any combustible material ofany type outdoors, in the open where the products of combustion are not directed through a flue. "Flue" means any duct or passage for air, gases or the like, such as a stack or chimney. e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or nonliquid fuels, including those fuels determined by the Pinal County Air Quality Control Director as "inappropriate fuel" to bum in residential woodbuming devices. f. "Woodstove" means a solid-fuel buming heating appliance including a pellet stove, which is either freestanding or designed to be inserted into a fireplace. 9. Violations 

## - Limitations on Defenses. Actions that violate this ordinance shall be malurnprohitum, and a lack of knowlSeptember 14,2007 Page 3159 Volume 13, Issue 37 

# (5-03Arizona Administrative Register /Secretary of SYate CountyNotices Pursuant to A.RS. $49-112 edge that a "no burn" restriction has been imposed shall not constitute a defense.


### NOTICE OF RULEMAKING DOCKET OPENING (Ref. A.R.S. 49-1021) PINAL COUNTY AIR QUALITY CONTROL DISTRICT [M07-4861 

### L miectMatter ofthe PropoM Rule The proposed revisions to local air quality rules involve amending a number of sections in the rules including but not limited to: $1-1-lO5,§1-3-140, $2-4-150, $3-1-030, $3-1-040, 63-1-081, $3-7-585.B, $3-8-700,§4-2-040.5,§4-3-070, $4-3-080,§5-8-260, 85-30, 65-16-670, $6-1-030, $7-1-030, $7-2-030.6.3, Appendix C Also aspart of this rulemaking, Pinal County may add, delete or modify additional rules as necessary. 

### t md Notices None wet 1nfor-q Those wishing further information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, Pinal County Air Quality, 3 1N. Pinal St., BuildingF, Florence, AZ, (520) 866-6929. To the extent possible, the District will also post information on the County's web site, www.co.pinal.a=.us,under the "air quality" link. 

## e ~o~ortunitvforAt a later date, the District will publish a Notice of Proposed Rule Making that will define a formal timetable for submittal of oral or written comments. At any time prior to the close of that to-be-defined comment period, anyone may seek information or submit comments by contacting the Planning Manager at the address shown above. Ultimately, the public will also have an opportunity to offer comment in the public hearing before the Board of Supervisors. 5 Bntici~ated Timet&& To be announced in the Notice of Proposed Rulemaking.

Volume 13, Issue 37 Page 3 160 September 14.2007

## Pinal County Air Quality Control District
P. 0.Box 987 Florence, Arizona 85232 (520) 866-6929 Fax: (520) 866-6967


### Pinal County SIP Submittal Pursuant to CAA §I89 

### Certificatation of Public Notifications

December 20, 2007

To whom it may concern: The undersigned hereby affirms, based upon personal knowledge, that a notice of a hearing to consider adoption of an ordinance regulating indoor and outdoor burning in the Pinal County portion of the Phoenix Planning Area PM,, Serious Nonattainment Area was: 1. Posted at 8 different locations on or before 11/5/2007. The locations include:

a. Pinal County Courthouse, 971 N. Jason Lopez Circle, Florence, Arizona b. Pinal County Administration Building, Buiding A, 31 N. Pinal St., Florence, Arizona c. Pinal County Board of Supervisors, Casa Grande Offices, 820 E. Cottonwood Lane, Building A, Casa Grande, Florence, Arizona d. Pinal County Board of Supervisors, Mammoth Offices, 118 S. Catalina, Mammoth, Arizona e. Pinal County Board of Supervisors,Apache Junction Offices, 575N. Idaho Road, Apache Junction, Arizona f. Pinal County Treasurer's Office, Buiding E, 3 1 N. Pinal St., Florence, Arizona g. Pinal County Air Quality Office, Buiding F, 31 N. Pinal St., Florence, Arizona h. Pinal County Justice Court, 400 

### South Central Avenue, Florence, Arizona 2. Published on two occasion(s) in three newspapers. The newspapersand publication dates include:

a. Florence Blade-Reminder and Tribune



## ..................11/8/2007 11/15/2007



## ............................... b. Casa Grande Dispatch



## ............................11/8/2007 11/15/2007



## ...............................

### Notification Mailing Certification December 20, 2007 Page 2



### .......................... c. Apache Junction News 1

### 11

### 1212007



### ............................... 11/19/2007 3. Mailed on or before 11/6/2007, by first-class mail, to each of the 164 individuals identified on 

### the accompanying "mailinglist," (6 pages). 4. Published in 

### the Arizona Administrative Register, 13 A.A.R. 3158 (9/14/2007). Sincerely yours,

Nelda Nunez ' 

# u Administrative Assistant Pinal County Air QualityNOTICE OF PUBLIC MEETINGAND EXECUTIVE SESSION PlNAL COUNTY BOARD OF SUPERVISORS SUMMARY OF AGENDA FOR REGULAR SESSION WEDNESDAY, DECEMBER 12,2007 9:30 A.M. 

# - CALL TO ORDER 31 N. PlNAL ST. ADMINISTRATION BUILDING A FLORENCE, ARIZONA

BUSINESS BEFORE THE BOARD (Consideration/Approval/DisapprovaI 

### of the following:) (1) 

### Purchasing Report

# - Awarding of Bids 

## - County Purchases. (Manuel Gonzalez); 

### (2) CONSENT ITEMS: 

### All items indicated by an asterisk (') 

### will be handled by a single vote as part of the consent agenda, unless a Board Member, County Manager, or member of the public objects at the time the agenda item is called. 'A. Discussion/approval~disapproval of Minutes of November 21 and 28. 2007 ' B. Current Billings beforethe Board;

C. Discussion/approval/disapproval of Amendment No. LTC 

### - RFQ 200424.1 5-03 with Pecos Health Care Limited Partnership dba: Archstone Care Center for Nursing Facility services. The term of this amendment will coincide with the Board of Supervisor's approval date and will end September 30,2008. The total amendment amount is not to exceed $1,000,000. (Lisa Garcia); D. Discussion/approvalldisapprovalof Amendment No. LTC 

### - 200607.02-01 with William Bunch, MDfor Dental Consultationservices. The term of this amendment will coincide with the Board of Supervisor's approval date and will end July 31. 2008. The total amendment amount is not to exceed $5,000. (Lisa Garcia); E. Discussion/approval/disapproval of Amendment No. LTC 

### - RFQ 200303.33-03 with Concordia Oncology, P.C. for Specialist Physician services. The term of this amendment will coincide with the Board of Supervisor's approval date and will end August 31,2008. The total amendment amount is not to exceed $5,000. (Lisa Garcia); ' F. Discussion/approval/disapprovalof Amendment No. LTC

## - RFQ 200424.04-03 with C.V.C.C., L.L.C. dba: ChulaVista Care Center for Nursing Facility services. The term of this amendment will coincide with the Board of Supervisor's approval date and will end October 31, 2008. The total amendment amount is not to exceed $1,000,000. (Lisa Garcia); G. Discussion/approval/disapproval of Amendment No. AZ20DEP0100198with U.S. Department of Housingand Urban Developmentwhichwill close out the 1998 Drug Elimination Grant. The total amendment amount was $52,500. (Lisa Garcia);

### Board of Supervisors,Agenda 

### December 12,2007 

### Page 2 Discussion/approval/disapproval of Amendment No. AZ20DEP0100199with U.S. Departmentof Housing and Urban Development which will close out the 1999 Drug EliminationGrant. The total amendment amount was $38,490. (Lisa Garcia); Discussion/approval/disapprovalof Amendment No. AZ20DEP0100100 with U.S. Departmentof Housing and Urban Development which will close out the 2000 Drug EliminationGrant. The total amendment amount was $40,114. (Lisa Garcia); Discussion/approvaUdisapprovalof Amendment No. AZ20DEP0101101 with U.S. Department of Housing and Urban Developmentwhich will close out the 2001 Drug Elimination Grant. The total amendment amount was $41,522. (Lisa Garcia); Discussion/approval/disapprovalof Amendment No. HO 200616.01-01 with Kuehl Enterprises, Inc. for Housing Needs Assessment services. The term of this amendment will coincide with the Board of Supervisofs approval date andwill end May 31, 2008. The total amendment amount is not to exceed $54,775. (Lisa Garcia); Discussion/approval/disapprovalof Amendment No. LTC

## - RFQ 200505.03-02 with SLO Ridgecrest LLC Ridgecrest Healthcare for Nursing Facility services. The term of this contract will coincide with the Board of Supervisor's approval date and will end October 31,2008. The total amendment amount is not to exceed $100,000. (Lisa Garcia); Discussion/approval/disapprovalof the requestto direct the Pinal County Treasurer to issue replacement checksto The Talon Group, Title and Settlement Services.These checks were never cashed or deposited. Check #T0077791- $171.69; Check #T0077700-$10.99; Ck. #T0081880-$14.35; Ck. #T0079679- $20.00; Ck. #T0078357-$11.83; Ck. #T0080138-$7.57; Ck. #T0077160-$25.06; (Manuel Gonzalez); Discussion/approval/disapproval of the Amendment to Extend the Term of the Intergovernmental Agreement for the Arizona Counties Insurance Pool. (Terry Dooliffle); Discussion/approvalldisapproval of Policy and Procedure #02.35, Occupant Emergency Plans, which sets forth County Policy for establishinga guide to be used by all departments for the development and implementationof Occupant Emergency Plansfor all occupied County buildings. (Manuel Gonzalez); Discussionlapproval/disapproval to transfer fiscal year 2007-08 budget appropriationfrom GrantsIProject Contingency (fund 213, cost center 2688) to the SheriffIJusticeAssistance Grant (fund 203, cost center 2746) for approved grant funding in the amount of $24,490. (Manuel Gonzalez); Discussionlapproval/disapprovalof State Land Department Special Land Use Permit No. 23-1 01860-18, which providesfor the non-exclusive use of State land, as describedtherein, by the County Parks Department for County trails. The County shall pay $1800.00 per year for use of the land pursuantto the terms of the permit throughAugust 7,2011. (Manuel Gonzalez); Discussion/approval/disapprovalof an lntergovernmental Agreement for the sharing of GIs data between Pinal County and the City of Eloy. (Manuel Gonzalez); Discussion/approval/disapproval of a budget appropriations transfer for FY 2007- 2008 of $12,627 from GrantsIProject Contingency (fund 213, cost center 2668) to the Library District's Library Services and Technology Act Fund 78, Cost Center 2743. (Manual Gonzalez);Board of Supervisors, Agenda December 

### 12,2007 Page 3

* 

### z.

* AA.

BB. Discussion/approval/disapproval of the Investment Policy for the Pinal County Treasurer. (Dolores Doolittle); Discussion/approval/disapproval of ResolutionNo. 121207-CRORwhich corrects Resolution No. 011007-MVacceptingonly Coyote Road and Ocotillo Road into the Pinal County Highway Maintenance System. (Contract #RD06-083) (Ken Buchanan); Discussion/approval/disapproval of Resolution No. 121207-KBP, authorizing an AcquisitionAgreement between Morris S. Wilkins, Jr., William Calvin Wilkins, Robert Wayne Wilkins, Rebecca LynnW~lkins and Lucy Ann Parenti Smith, property owners and Pinal County in the amount of $60,287.34, which will be deposited into an escrow account at EmpireTitle Agency of Arizona for property acquisition regarding the Kelvin Bridge Project located in Supervisory District#I, Section 12, T4S, R13E. (Contract #RD07-050) (Ken Buchanan); Discussion/approval/disapprovalof Resolution No. 121 207-TEC, accepting from Trilogy EncanterraConstruction, LLC, (a Delaware Limited Liability Company), the Deed of Easement for a non-exclusive perpetual right and easementto run with the landfor public utility purposes and the Agreement to Donate Easement and Wavier of Appraisal and Compensation for an easement within Section 32, T2S, R8E,within Supervisory District#2, in the unincorporatedarea of Pinal County, Arizona, as legally described in Exhibit'A" attached hereto and made a part of said Resolution. (Ken Buchanan); Discussion/approval/disapprovalof Resolution No. 121207-JR, acceptingthe completion of the construction of the Johnson Ranch, Unit40A, Offsite Sewer Extension, by the releaseof Bond No. SU 5004575. By releasing this bond Pinal County in no way accepts the maintenance of the facility, as identified in the final plat described in said resolution and releasing financial assurances.(Contract #RD07-055)

. (Ken Buchanan); Discussion/approval/disapprovalof : Change Order No. 2 for Pavement Preservation FY '07-08 District2. Briggs Road , Players Road & Shadyside Road Asphalt Rock Dust Palliative (ARDP) addedto District 2 Pavement Preservation scope of work. Justification: Construction square yards increased overall cost of project. Funding to be received from Transportation Advisory Committee (TAC) project # 651 1118-Briggs Road



### . Change Order not to exceed $19,636.75.(EC0608) (Ken Buchanan); Discussionlapproval/disapproval to commence litigation against Joaquin Sandoval, for violations of the Pinal County Zoning Ordinance committed at 6230 N. Horseshoe Dr., Winkelman, Arizona, an unincorporated area of Pinal County. MontanoAcres, Lot 7. (Ken Buchanan); Discussion/approval/disapprovalof request for Credit Against Street Development Fees for Phase 1 & 2, Units2,3, 3A & 38 in Rancho BellaVista owned by Meritage Homes for transportation fees paid into the SuperstitionValley Transportation Fund in the amount of $31 per lot at platting and $115 per lot at zoning in accordance with Pinal County Development Fee Ordinance#I 01 806. (Ken Buchanan); Discussion/approval/disapprovalof request for Credit Against Street Development Fees for Units 1, Parcel 3 & Unit 3, Parcel 9 in Laredo Ranch owned by Centex Homes for transportationfees paid into the SuperstitionValley Transportation Fund inthe amount of $31 per lot at zoning on 120 lots and $123 per lot atBoard of Supervisors,Agenda December 12,2007 Page 4 platting on 25 lots in accordancewith Plnal County Development Fee Ordinance #I

01806. (Ken Buchanan); (3) 

### Discussion/approval/disapprovaI of the following final plats:A) S-026-06: (Shea Homes at Johnson Farms, Golf Course, Tracts and Multi-Family Parcels) 11 Tracts SW corner Combs & Gantzel; B) S-026-06: (Shea Homes at Johnson Farms Model Complex) 35 lots SW corner Combs 

### & Gantzel. (Dennis Rittenback); (4) Meeting of the Pinal County Library District Board of Directors. (Lisa Garcia); (5) Public Hearing and 

### discussion/approval/disapproval of Ordinance No. 121 207- JC, permitting the recovery of the costs of service of summons and/or other forms of process in traffic cases by the Pinal County Justice Courts. (Paul O'Connell); (6) Public Hearing, 

### discussion/approval/disapprovalof PZ-007-07 Sunset Mountain Development Group L.L.C., Palmco Properties L.L.C. and Chris Whitt, requesting approval of a zone change from (GR) General Rural zone and (CI-2) Industrial zone to (CR-1A) Single Residence zone (81.0k acres), (CR-1) Single Residence zone (48.0+ acres), (CR-3) Single Residencezone (200.0k acres) and (CB-1) Local Business zone (7.0k acres) on a 336.0k acre parcel to plan and develop the 786 lot, Sunset Mountain Planned Area Development, pending and in conjunction with Board of Supervisors Planned Area Development (PAD) Overlay District approval under Planning Case (PZ-PD-007-07); situated in portions of Sections 20, 21, and 22, T4S, R2E, G&SRB&M, (tax parcels on file) (legal on file) (west of the City of Maricopa). Plannina Commission voted Seven (7) in favor with One (1) ODDOS~~ and One (1 abstentionto recommend Approval of PZ-007-07 with Two (2) Sti~ulations of Understanding. (continued from Auaust 29.2007); (7) Public Hearing, 

### discussion/approval/disapproval of PZ-PD-007-07 Sunset Mountain Development Group L.L.C., Palmco Properties L.L.C. and Chris Whitt, requesting approval of a Planned Area Development (PAD) Overlay District on a 336.0k acre parcel to plan and develop the 786 lot, Sunset Mountain Planned Area Development, pending and in conjunction with Board of Supervisors zone change approval under Planning Case (PZ-007-07); situated in portions of Sections 20, 21, and 

### 22, T4S, R2E, G&SRB&M, (tax parcels on file) (legal on file) (west of the City of Maricopa). Plannina Commission voted Eiaht (8) in favor with One (1) abstentionto recommendA~Proval of PZ-PD-007-07 with Thirty-two (32) Sti~ulations. (continuedfrom August 29.2007);

### Board of Supervisors,Agenda December 12, 2007 Page 5 

### (8) Public Hearing, discussionlapprovalldisapprovalof PZ-011-07 Feenstra lnvestments LLC & 

### Feenstra Construction Inc., landownerlapplicant,Mario Mangiamele, agent, requesting approval of a zone change from (GR) General Rural zone to (CR-3) Single Residence zone on a 347.7+ acre parcel to plan and develop the 1045 lot Patria PlannedArea Development, pending and in conjunction with Board of Supervisors PAD Overlay District approval under Planning Case (PZ-PD-011-07): (Palmer Road just west of Attaway Road, south of Florence). Situated in a portion of Sections 35 and 36, T4S, R8E, G&SRB&M, Tax Parcel 200-24-013C, 013G, 200-29-008, 009E, 01 0, 01 2A (legal on file). Plannina
- 

### Commissionvoted unanimouslv to recommend Denial of PZ-011- 07 lcontinued from October 10. and November 14.2007); 

## - (9) Public Hearing, discussionlapprovalldisapproval of PZ-PD-011-07 Feenstra lnvestments LLC & 

### Feenstra Construction Inc., landownerlapplicant,Mario Mangiamele, agent, requesting approval of a Planned Area Development Overlay District (PAD) on a 347.7k acre parcel to plan and develop the 1045 lot, Patria Planned Area Development, pending and in conjunction with Board of Supervisors zone change approval under Planning Case (PZ-011-07); Palmer Road just west of Attaway Road, south of Florence). Situated in a portion of Sections 35 and 36, T4S, R8E, G&SRB&M, Tax Parcel 200-24-013C,013G, 200- 29-008,009E,010,012A(legal on file) Plannina Commission voted unanimouslv to recommend Denial of PZ-PD-011-07. (continued from October 10 and November 14.2007); (10) 9:30 a.m. The following cases will be heardwithout additional input from the applicant or public unless prior to the time the case is publically heard, the applicant, a staff member or a member of the public requests that a case be considered separately. Inthe event that no such requestfor a hearing is made, the Board shall vote to approve the recommendationof the Commission. (Ken Buchanan): 

### A) PZ-022-07: Gold Canyon Holdings#2, applicant1 landowner, Pew and Lake, agent, requesting approval of 

### a zone change from (SR) Suburban Ranch zone and (CB-2) General Business Zone to (CR-5) Multiple Residence zone on 6.78k acres to plan and develop the Gold Canyon Condominiums; pending and in conjunction with Board of Supervisors PlannedArea Development (PAD) Overlay District approval under Planning Case (PZ-PD-022-07); situated in a portion of Sections 8 and 9, TlS, R9E, G&SRB&M, (Tax Parcels on file) (legal on file) (Gold Canyon area, adjacent to Kings Ranch Road). Plannins Commission voted unanimouslvto recommendAaarovel of PZ-022-07with Two (2) Stipulations of Understandins.Board of Supervisors,Agenda December 12,2007 Page 6 B) PZ-PD-022-07: Gold Canyon Holdings#2, applicant/ landowner, Pew and Lake, agent, requesting approval of a PlannedArea Development (PAD) Overlay District on 6.78* acres to plan and develop the Gold Canyon Condominiums; pending and in conjunction with Board of Supervisors Zone change approval under Planning Case (PZ-022-07); situated in a portion of Sections 8 and 9, TIS, R9E, G&SRB&M, (Tax Parcels on file) (legal on file) (Gold Canyon area, adjacent to Kings Ranch Road). Plannina Commission voted unanimouslvto recommendApprovel of PZ-PD-022-07 with Nineteen (19) Stipulations. 

### C) PZ-023-07: Salim and Noual Hanna, landowners, Mark Hanna, agent, requesting approval of a zone change from (GR) General Rural zone to (CB-1) Local Business zone on a 2.6* acre parcel to plan a commercial development site; situated in a portion of the NE 

### K of the NE % of Section 20, T2S, R8E, G&SRB&M,Tax Parcel 104-22-041 (legal on file) (Three miles east of the Town of Queen Creek on the Southwest Corner of the intersection of Ocotillo Road and Kenworthy Rd.). Plannina Commission voted unanimouslvto recommend Denial of PZ-023-07. 

### D) SUP-016-99A: Robert and Glenda Willis applicantllandowner, requesting approval of a Special Use Permit Amendment (SUP-01 6-99) to allow the placement of an additional 12 Recreational Vehicles on Mobile Home spaces (in the Aravaipa Villa Mobile Home Park) for a total of 22 Recreational Vehicles per Section 2050B.3A.(C) of the Zoning Ordinance, located on a 25.3 acre parcel in the (MHP) Mobile Home Park zone; situated in a portion of the NE % of the NE % Section 9 and the NW % of the NW 

### K of Section 10 T7S, R16E, G&SRB&M,Tax Parcel 300-33-001F (portion) (legal on file) (Approximately 8 miles north of the Town of Mammoth on 

### AZ 77 on the east side). Plannina Commission voted unanimouslvto recommend A~provel of SUP-016-99~ with Eiaht 18)

SUP-012-07: SprinVNextel, applicant/ representative, Almar Group LLC, landowner, requesting approval of a Special Use Permit to construct and operate a 125 foot wireless communication facility (Flag Pole), on a 28 foot by 40 foot lease area of a 1.2* acre parcel in the (GR) General Rural zone; situated in a portion of the SW % of the SW 

### K of Section 11,TGS, R2E, G&SRB&M, Tax Parcel 501-05-033E, (legal on file) (Hidden Valley area 4 miles west of the Stanfield Area, in the Northeast corner area of intersection of Meadow Green Rd. and Warren Rd.). Planning Commissionvoted unanimouslvto recommend Approvel of SUP012-07 with Twelve (12) Stipulations.Board of Supervisors,Agenda December 12,2007 Page 7 

### F) PZ-018-07: Walton Cactus Springs, applicant1landowner, Stantec Consulting, agent, requesting approval of a zone change from (GR) General Rural zone to (CR-3) Single Residence zone on 323.2k acres to plan and develop the 1130 lot, Cactus Springs Planned Area Development, pending and in conjunction with Board of Supervisors PlannedArea Development (PAD) Overlay District approval under Planning Case (PZ-PD-018-07);described as the S%, Section 2, T5S, R2E, G&SRB&M, Tax Parcels 510-32-002C (Maricopa area, south of Pima Road and East of Warren Road). Planninq Commissionvoted unanimouslv to recommendAp~rovel of PZ-01 8-07 with Two f2) Sti~ulations of Understandina. G) PZ-PD-018-07: Walton Cactus Springs, applicant1landowner, Stantec Consulting, agent, requesting approval of a PlannedArea Development (PAD) Overlay District on 323.2k acres to plan and develop the 1130 lot, Cactus Springs PlannedArea Development, pending and in conjunction with Board of Supervisors zone change approval under Planning Case (PZ-018-07);described as the S%, Section 2, T5S, R2E, G&SRB&M,Tax Parcels510-32-002C (Maricopa area, south of Pima Road and East of Warren Road). Plannina Commission voted unanimouslv to recommendADD~OV~~ of PZ-PD-018-07with 'Thirty (30) Stioulations. (1 1) Hearing and action on Appeal by Olympia Partners, LLC. for James and Sheila Moore of the Planning and Zoning Commission's decision on June 21, 2007, to deny approval of the tentative plat for Hidden Desert Estates (S-032-06). (Ken Buchanan; Jeff Holbrook, Olympia Partners);[continued from October 10. 2007); (12) Joint Public Hearingwith the Arizona Department of EnvironmentalQuality (DEQ), discussion and possible Board action on Resolution No. 121207-AQ2

## - Resolution of commitment to pave or stabilize existing county-owned dirt roads that support traffic loads above 150 vehicle trips per day in the unincorporated areas of Township 1 North, Range 8 East (Pinal County portion of the Phoenix Planning Area PM,,nonattainment area) by 2009. (Ken Buchanan); (13) Joint Public Hearingwith the Arizona Department of Environmental Quality (DEQ), discussion and possible Board action on Ordinance No. 121207-AQ1

## - No burn Ordinancefor Area A 

## - a requirement of Senate Bill 1552. (Ken Buchanan);Board of Supervisors, Agenda December 12,2007 Page 8 (14) Discussion/a,pproval/disapproval of the retention of MichaelW. Sillyman and the law firm of Kutak Rock, LLP, to representthe County in connection with potential litigation threatened by Johnson Ranch Holdings, LLC, LDR Investments, Centex Homes and Pulte Homes, and concerning the Agreement for Phased Protected Development Rights Plan dated November 26, 1997, and all matters pertaining thereto. (Chris Roll); (15) 

### ExecutiveSession of the Pinal County Board of Supervisorsfor discussion and consultation for legal advice with the attorneysfor the County, and to consider its position and instruct the attorneys regardingthe County's position, in accordance with the provisions of A.R.S. 

### § 38-431 (A)(3)(4), concerning the threat of litigation and other demands by Johnson Ranch Holdings, LLC, LDR Investments, Centex Homes and Pulte Homes in connection with the Agreement for Phased Protected Development Rights Plan Johnson Ranch and Pinal County, Arizona, dated November 26, 1997. (Chris Roll); (16) 

### Discussion/approval/disapprovalof requestfor review of the Board's previous denial of a ten year extension of the Agreement for Johnson Ranch Phased Protected Development Rights Plan. (Chris Roll); (17) 

### Executive Session of the Pinal County Board of Supervisors for discussion and consultation for legal advice with the attorneys for the County, and to consider its position and instruct the attorneys regarding the County's position, in accordance with the provisions of A.R.S. 

## 5 38-431 (A)(3)(4), concerning recent filings in R & R Properties vs. Oracle Senior Citizens litigation. (Rick ~usk); (18) 

### Discussion/approval/disapprovalof authorization for counsel to 

### file an action to quiet title to real property which is identified in a "Gift Deed" as Pinal County Recorder instrument #973830, recorded on March 29, 1990, and which is the subject of litigation in R & R Properties LDT Partnershipvs. Oracle Senior Citizens. (Rick ~usk); (19) County Manager's Report "InformationOnly." (Terry Doolittle); (20) Call to Public 

### - Consideration and discussion of comments from the public. Those wishing to address the Pinal County Board of Supervisors need not request permission in advance. Action taken as a result of public comment will be limited to directing staff to study the matter or rescheduling the matter for further consideration and decision at a later date. The Board may go into executive session for purposes of obtaining legal advice from the County's attorney(s) on any of the above agenda items pursuant to A.R.S. 

### 9 38-431.03(A)(3).Regular Session December 12,2007

The Pinal County Boardof Supervisors convened at 9:40 a.m. this date inthe Board of Supervisors Hearing Room, Administration Building No. 1, Florence, Arizona. The meeting was called to order by Chairman Snider and followed by the Pledge of Allegiance. Present: Chairman David Snider; Supervisor Sandie Smith; Supervisor Lionel D. Ruiz; County Attorney, James Walsh; County Manager, Terry Doolittle; Chief Civil Deputy County Attorney, Chris Roll; Clerk of the Board, Sheri Cluff. Purchasina Re~ort 

# - Awarding of Bids

# - Countv Purchases. Gary Templin, Purchasing Manager, presented the purchasing report. AWARDING OF BIDS & PROPOSALS: 1. 07-15-12 

## - Survey/Construction Supplies 

### - Recommend multiple awards for Survey/Construction Supplies to Allen Instruments& Supplies andSurveyors Service Company for aterm of one (1) base year with four (4) one (1) year option periods based on beingthe most responsive and reasonable bidder. Cooperative PurchasinaAareernent Procurements under $250.000: PO# AMOUNT VENDOR ITEM DEPT. 1. 191095 $65,302.96 Midway Chevrolet 2 Chevy Silverado's PW 2. 191097 99,403.62 Midway Chevrolet 2 Chevy Tahoe's PCSO Motion was made by Supervisor Smith and seconded by Supervisor Ruiz to approve the purchasing report as presented. Motion carried by unanimous vote. CONSENT ITEMS: Chairman Snider advised that all items indicatedby an asterisk (*) would be handled by a single vote as part ofthe consent agenda, unlessa BoardMember, Assistant County Manager,or memberofthe public objected at the time the agenda item was called. Chairman Snider asked if there were any requests from a Board member, staff or the audience to removea consent agenda itemfor discussion. Item "Y"was pulledfrom the agenda to be re-submittedat a later date: ('Y. Change Order No. 2 for Pavement PreservationFY '07-08 District2. Briggs Road, Players Road 8 Shadyside Road Asphalt Rock Dust Palliative (ARDP) addedto District2 Pavement Preservation scope of work). Motion was made by Supervisor Ruiz and seconded by Supervisor Smith to approve consent items 'A" through 'CC" with the exception of 'Y" which was removed from the agenda: *A. Minutes of November 21 and 28, 2007; B. Current Billings beforethe Board; C. Amendment No. LTC 

## - RFQ 200424.15-03 with Pecos Health Care Limited Partnershipdba: Archstone Care Centerfor Nursing Facility services; D. Amendment No. LTC

### - 200607.02-01 with William Bunch, MD for Dental Consultationservices; E. Amendment No. LTC

## - RFQ200303.33-03 with ConcordiaOncology, P.C.for Specialist Physicianservices; F.Amendment No. LTC 

## - RFQ 200424.04-03 with C.V.C.C., L.L.C. dba: Chula Vista Care Center for Nursing Facility services; G. Amendment No. AZ20DEP0100198with U.S. Department of Housing and Urban Development which will close out the 1998 Drug EliminationGrant; H. Amendment No.AZ20DEP0100199with U.S. Department of Housing and Urban Development which will close outthe 1999 Drug Elimination Grant; I.Amendment No. AZ20DEP0100100with U.S. Department of Housing and Urban Developmentwhich will close out the 2000 Drug EliminationGrant; J. Amendment No.AZ20DEP0101101with U.S. Department of Housing and Urban Development which will close out the 2001 Drug Elimination Grant; K. Amendment No. HO 200616.01-01Regular Session, continued December 12,2007 Page 19 Construction Mr. Loper said it is site-builUconventionalhousing. He said they will be happy to add that stipulation. County Manager, Terry Doolittle requested this be remanded backto the Planning Commission so that they can reviewthe new information that has been presented and that it can be put in order prior to approval. Motion was made by Chairman Snider and seconded by Supervisor Ruiz to remand the tentative plat for Hidden Desert Estates (S-032-06) back to the Planning Commissionfor reconsideration. Motion carried by unanimous vote. Joint Public Hearina with the Arizona Department of EnvironmentalQuality (DEQ), discussion and possible Board action on Resolution No. 121207-AQ2-Resolution of commitmentto pave or stabilize existina countv-owned dirt roads that support traffic loads above 150 vehicle trim per dav in the unincorwrated areas of Township 1 North. Ranqe 8 East (Pinal Countv portion of the Phoenix PlanninqArea PM,, nonattainmentarea) bv 2009. Present: Assistant County Managerfor Development Services, Ken Buchanan; Don Gabnelson, Director of Pinal County Air Quality Control appeared beforethe Board. Also presentwas DianeArnst, Managerof the Planning Division,Arizona Departmentof Environmental Quality Air Quality Program. Mr. Gabrielsonexplained that after several years oftrying the Phoenix area is still exceeding emissions so there is now an obligation to continue to reduce PM,, emissions by 5% peryear until the problem is cured. Ms. Arnst reportedthat all of the other municipalitiesand MaricopaCounty have made similar commitments that total at least 276 miles of paving between now and the end of 2009. Chairman Snider openedthe public hearingandcalledfor commentsfrom the public. There were none.The public hearing was closed. Motionwas made by Supervisor Smithandseconded by Supervisor Ruizto approve Resolution No. 121207- AQ2 

### - Resolutionof commitmentto paveor stabilize existing county-owned dirt roadsthatsupporttraffic loads above 150 vehicletrips perday inthe unincorporated areasof Township 1 North, Range8 East (PinalCounty portion of the Phoenix PlanningArea PM,,nonattainment area) by 2009. Motioncarriedby unanimous vote. Joint Public Hearina with the Arizona De~artment of Environmental Qualitv (DEQ). discussion and possible Board action on Ordinance No. 121207-AQI

# - No bum Ordinancefor Area A -areauirement of Senate Bill 1552. Present: Assistant County Managerfor DevelopmentServices, Ken Buchanan; Don Gabrielson, Director of Pinal County Air Quality Control appeared before the Board. Also present was Diane Arnst, Managerof the Planning Division,Arizona Departmentof EnvironmentalQuality Air Quality Program. Mr. Gabrielson advised this the first of several mandates by the legislature. Ms. Arnst advised this is consistent with what is being required in Maricopa County. Chairman Snider opened the public hearing and calledfor commentsfromthe public. There were none. The public hearingwas closed. Motionwas made by Supervisor Ruiz and seconded by Supervisor Smithto approve Ordinance No. 121207- AQ1 

### - No burn Ordinance for Area A 

### - a requirementof Senate Bill 1552. Motion carried by unanimous vote. ExecutiveSession ofthe PinalCountv Boardof Su~enrisors for discussionand consultationfor leaal

## Pinal County Air Quality Control District
P. 0.Box 987 Florence, Arizona 85232 (520) 866-6929 Fax: (520) 866-6967


### Pinal County SIP Submittal Pursuant to CAA 8189 

### SUMMARY OF PUBLIC COMMENT(S) 

### AND DISTRICT RESPONSE(S) December 20, 2007 This relates to the public comments offered prior to the December 12, 2007, adoption of Ordinance No. 122107-AQ1 by the Pinal County Board of Supervisors. This constitutes a summary of the comments received, responses offered, and changes made prior to that approval by the Board. 1. No comments were received, either prior to or at the hearing before the Board of Supervisors. Sincerely y rs, 

# dd

Donald 

### P


# . Gabrielson Director and Control Officer

## Pinal County Air Quality Control District
P. 

### 0. 

### Box 987 

### Florence, Arizona 85232 

# - (520) 866-6929 

### Fax: (520) 866-6967



### "SIPSubmittal" Checklist Pursuant to 40 

### CFR Part 51, 

### Appendix 

### V December 20, 2007 2.1 

### Administrative Materials

a. Formal letter 

# - See Control Officer's letter dated December 20, 2007. b. Evidence of adoption 

## - 

# - See Ordinance 121207-AQl; submittal package Section 4.

c. Evidence of Authority - 

# - See submittalpackage Section 3. d. Copy of the rule 

# - See Ordinance l21207-AQl; submittalpackage Section 4.

e. Evidence of conformity with procedure under state law, which notice and hearing requirements arise under ARS 5949-112 

### and 49-479. 

### 1. Copy of public notices 

# - See submittalpackage Sections 4 

### and 

### 5. 2. 

### Certification that hearing was held 

# - See submittal package Section 7. f. Evidence of public notice in conformity with EPA procedures, which notice requirements arise under 40 

### CFR Subpart 

### I. 

# - See submittalpackage Sections 4 

### and 

### 5.
g. 

### Evidence of public hearing in conformity with EPA procedures, which hearing requirements arise under 40 

### CFR Part 51, 

### Subpart I 

# - See submittalpackage Section 7. h. Compilation of comments 

# - See Section 8.

### SIP Submittal Checklist December 

### 20, 2007

2.2 Technical support a. Identification of pollutants affected. 

### Given that this measure addresses indoor and outdoor burning, carbon monoxide, PM,, and PM,., constilute the affectedpollutants. b. Identify attainmendnonattainmentareas affected. 

### These measurespertain to the Pinal County portion of the Phoenix Planning Area PM,, nonattainment area. See 56Fed. Reg. 111 01 (3/15/1991). Also see 40 CFR 81.303.

c. Quantification of emission changes 

### Not applicable; basedon information and belief, thesemeasures are in addition to the commitments relied upon in the MAG modeling analysis showing attainment in the greater nonattainment area. d. 

### Demonstration of protection for 

### 1. NAAQS MAG

### has separately modeled attainmentbased on an inventog covering the entire nonattainment area. 2. PSD increments 

### Not applicable; thismeasureaddressesexisting andpossiblefuture small sources of emissions that have never been quantified inprecisefashion. However, based on information and belief any changes in emissions within the affected area will be relatively small. 3. 

### RFP demonstrations 

### Not applicable; this submittal addresses the requirements of CAA $1 89(d). 4. Visibility 

### Not applicable; this submittal addresses the requirements of CAA §189(d),and visibility benefits have not been separately analyzed.

e. Modeling information MAG

### has separately modeled attainment based on an inventog covering the entire nonattainment area. f. Showingthat

### emissionlimitations

### arebased on continuousemissionreductiontechnology.

### SIP Submittal Checklist December 

### 20, 

### 2007 Page 

### 3 By

### prohibiting certQinburning during the specified times, the reductions will inherently be continuous.
g. Evidence that plan limitations are enforceable as a practical matter. 

### The County has authority invoke civil or criminalprocesses to enforce air quality rules and ordinance adopted by the Board of Supervisors. See 995.c, 6.c and 7.b of the ordinance. h. Complianceand enforcement strategies, including explanationofhow compliance will be determined in practice. 

### The resolution itself spells out a completion schedule. i. Special economic and technologicaljustifications. 

### Not applicable.

## Pinal County 

## Air Quality Control District P. 

### 0. Box 

### 987 Florence, Arizona 

### 85232 

# - (520)866-6929 Fax: 

### (520)866-6967

Pinal County 

### Ordinance 

### 121207-A01 SIP ENFORCEABILITY CHECKLIST December 

### 20, 2007
1. 

### Applicability

a. What sources are being regulated 

### [under theproposed SIP revision]? Within the Pinal Countyportion of the Phoenix Planning Area Serious PM,, nonattainment area, the resolution commits Pinal County to regulate certain types of indoor and outdoor burning. b. What exemptions are provided? 

### See Ordinance $5.b, mirroring in the local ordinance certain statutory exemptions regarding indoor wood burning. See A.R.S. §§11-871(C)and 49- 

### 501(C). 

### In addition, while Ordinance $

### 7. a literally bans otherwise unregulated outdoor fires during a "nobum"prohibition, that limitation must be read inthe context of the underlying authority for that provision, namely A.R.S. $11- 871(A)only appliestoresidential wood burning. Notably, thestatutory mandate of A.R.S. $49-501(G) does 

# not apply to any portion of Pinal County. As a result, even during pollution advisories, this ordinance cannot be read as an absolute prohibition on commercial outdoorburning, such as ambience fires at 

### restaurants.

c. What are the units of compliance? 

### Compliance issimply assessed by determining whetherprohibited fires are being lit or maintained during banperiods. d. Is bubbling or averaging of any type allowed? 

### Not applicable.

### SIP Enforceability Checklist December 20, 2007 Page 

### 2

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

### The resolution does notprovidefor such a contingency. 2. 

### Compliance Dates

a. What is the compliance date? 

### The Ordinance was effective upon adoption, December 12, 2007. See Ordinance 010. b. What is the attainment date? 

### Obviously,from Pinal County's perspective the "attainment date" only has relevance with respect to areas deemed non-attainment, namely thatportion of Pinal County falling within the Phoenix Planning Area Serious PM,, nonattainment area, namely thatportion ofArizona identified as TIN, R8E, Gila & 

### Salt 

### River Base and Meridian. In accordance with CAA 

### section 179(d)(3),the attainment deadline applicable to an area thatmisses the serious area attainmentdate is as soon aspracticable, but, unless extendedby theEPA, no laterthan 5

### yearsfrom thepublication date of the nona#ainmentfinding notice. 72Fed. Reg 31183, 31184 (6/6/2007). In this case, the default statutory atlainmentdate is 6/6/2012. 3. 

### Specificity of Conduct

a. What test method is required? 

### Not applicable.
b. 

### What is the averaging time in the compliance test method? 

### Not applicable. 4. 

### Recordkeeping

a. What records are required to determine compliance? 

### UndertheArizona Public RecordsAct, Pinal Countymust "maintainall records

### SIP Enforceability Checklist December 20, 

### 2007 

### Page 3



## . . .reasonably necessary or appropriate to maintain an accurate knowledge of their offxial activities. 

## " A.R.S. 839-121.01(B). b. 

### In what forms or units must records be kept? 

### In a permanent and accessible form. A.R.S. 839-lOl(A).



### c. 

### On what time basis must records be kept? 

### With sufficient frequency so as 

### to allowfor an objective demonstration of compliance with each applicable milestone and requirement. A.R.S. 039- 121.01(B).