United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document for

EPA’s Notice of Proposed Rulemaking for the

Arizona State Implementation Plan

as submitted by the Arizona Department of Environmental Quality

EPA’s Analysis of

Arizona Department of Environmental Quality’s

Rule R18-2-602, Unlawful Open Burning

Rule R18-2-1501, Definitions

Rule R18-2-1502, Applicability

Rule R18-2-1503, Annual Registration, Program Evaluation and Planning

Rule R18-2-1504, Prescribed Burn Plan

Rule R18-2-1505, Prescribed Burn Requests and Authorization
Rule R18-2-1506, Smoke Dispersion and Evaluation

Rule R18-2-1507, Prescribed Burn Accomplishment; Wildfire Reporting

Rule R18-2-1508, Wildland Fire Use: Plan, Authorization, Monitoring; Inter-agency 

Consultation; Status Reporting

Rule R18-2-1509, Emission Reduction Techniques

Rule R18-2-1510, Smoke Management Techniques

Rule R18-2-1511, Monitoring

Rule R18-2-1512, Burner Qualifications

Rule R18-2-1513, Public Notification Program; Regional Coordination

March 7, 2006

Prepared by Al Petersen

Approved by Andrew Steckel

Arizona Department of Environmental Quality (ADEQ)

Submitted Rules
 Rule R18-2-602, Unlawful Open Burning (adopted on May 14, 1979, amended on 

March 16, 2004, submitted on December 30, 2004, submittal determined complete by 

operation of law on June 30, 2005).

 Rule R18-2-1501, Definitions

 Rule R18-2-1502, Applicability

 Rule R18-2-1503, Annual Registration, Program Evaluation and Planning

 Rule R18-2-1504, Prescribed Burn Plan

 Rule R18-2-1505, Prescribed Burn Requests and Authorization

 Rule R18-2-1506, Smoke Dispersion and Evaluation

 Rule R18-2-1507, Prescribed Burn Accomplishment; Wildfire Reporting

 Rule R18-2-1508, Wildland Fire Use: Plan, Authorization, Monitoring; Interagency Consultation; Status Reporting

 Rule R18-2-1509, Emission Reduction Techniques

 Rule R18-2-1510, Smoke Management Techniques

 Rule R18-2-1511, Monitoring

 Rule R18-2-1512, Burner Qualifications

 Rule R18-2-1513, Public Notification Program; Regional Coordination

Rules R18-2-1501 through R18-2-1513 were adopted effective October 8, 1996, amended 

effective March 16, 2004, submitted on December 30, 2004, submittal determined complete by 

operation of law on June 30, 2005). There are no other submitted versions of Rules R18-2-602 

and R18-2-1501 through R18-2-1513 on which EPA has not acted. Rules R18-2-1514, 

Surveillance and Enforcement, and R18-20-1515, Forms; Electronic Copies; Information 

Transfers, were also submitted on December 30, 2004, but were determined to be not appropriate 

for EPA to enforce in the SIP.

Applicable SIP Rules
 Rule R9-3-402.A-E, Unlawful Open Burning (approved on October 19, 1984, 49 

FR 41026).

 Rule R9-3-402.F, Unlawful Open Burning (approved on April 23, 1982, 47 FR 

17485).

 Rule R9-3-403, Forestry Management (approved on April 23, 1982, 47 FR 

17485).

 

Purposes of Rule Amendments 

Section 110(a) of the Clean Air Act (CAA) requires states to submit regulations that control 

volatile organic compounds, nitrogen oxides, particulate matter, and other air pollutants which 

harm human health and the environment. These rules were developed as part of the local air 

districts programs to control these pollutants. 

The purposes of the ADEQ Rule 602 amendments relative to the SIP rule are as follows:

 602.B: The rule adds 11 definitions for improved clarity.

 602.D.1: The rule adds a list of types of burning that may be permitted, to include 

construction burning, agricultural burning, residential burning, prescribed burning, weed 

abatement, prevention of fire hazard, and air curtain destructor operation.

 602.D.3.e: The rule adds a requirement for an applicant to state the emission 

reduction techniques that will be used to minimize fire emissions.

 602.D.3.f: The rule adds a requirement for daily reporting on burns.

 602.D.3.g: The rule adds a requirement for notification before ignition of the 

burn.

 602.D.3.h-o: The rule adds requirements to start burning without black smoke, to 

attend the fire at all time, to have fire extinguishing equipment on-site, to locate a waste 

burner over 50 feet from any structure, to have a copy of the burn permit on site, to not 

burn during a stagnation advisory or a time when Class I areas might be affected, to not 

burn during an air pollution episode, and to allow the Director or a public officer to 

extinguish the fire during unfavorable conditions.

 602.D.3.p: The rule adds a provision that failure to obtain or comply with a permit 

is subject to civil or criminal penalties.
 602.G: The rule adds the option for the Director to delegate burn permitting 

authority to a county, town, air pollution control district, or fire district.

 602.H: The rule adds a requirement for the Director to hold an annual public 

meeting to discuss the open burning program and emission reduction techniques.

The purposes of the Rules R18-2-1501 through R18-2-1513 amendments relative to the SIP rule 

are as follows:

 1501: The rule adds 23 definitions for improved clarity. 

 1502: The rule extends the authority of ADEQ to regulate prescribed burning to 

all areas of the state, all federal and state land managers, and all private or municipal 

burners, except Indian Trust lands.

 1503: The rule adds to the information required for the annual burn permits for 

planned burning. The rule adds a requirement for annual evaluation meetings on past 

burn projects.

 1504: The rule adds extensive requirements for a burn plan to be submitted to 

ADEQ at least 14 days prior to ignition of the burn.

 1505: The rule adds extensive requirements for a daily burn plan to be submitted 

to ADEQ by at least 2:00 pm of the previous business day. ADEQ may approve or 

modify the burn plan based on a change in weather conditions and potential impact on the 

public.

 1506: The rule adds 12 additional factors for ADEQ to evaluate daily burn plans 

for smoke dispersion on which ADEQ may approve, approve with conditions, or 

disapprove the daily burn plan.

 1507: The rule adds a requirement for the burner to submit a burn 

accomplishment form to ADEQ by 2:00 pm the next day. Wildfires burning more than 

100 acres per day in timber or slash or more than 300 acres per day of brush or grass 

must be reported by the entity with jurisdiction for the area of the fire.

 1508: The rule adds extensive requirements for reporting to ADEQ the beneficial 

use of a wildland fire incident exceeding 40 acres of timber or 250 acres of brush or 

grass.

 1509: The rule adds the requirement that as many emission reduction techniques 

(ERTs) as possible be used. A list of 16 potential ERTs is provided.
 1510: The rule adds the requirement that as many smoke management techniques 

(SMTs) as possible be used. A list of 11 potential SMTs is provided.

 1511: The rule adds extensive requirements for monitoring air quality before or 

during a prescribed burn or a wildland fire beneficial use incident, if necessary to assess 

smoke impacts.

 1512: The rule adds a requirement for a prescribed-fire boss to have formal 

training in fire and smoke management techniques.

 1513: The rule adds a requirement for the ADEQ Director to conduct a public 

education and awareness program in smoke management.

Rule Evaluation 

Generally, SIP rules must be enforceable (see section 110(a) of the CAA) and must not relax 

existing requirements (see sections 110(l) and 193). 

SIP rules in PM-10 nonattainment areas must require for major sources reasonably available 

control measures (RACM), including reasonably available control technology (RACT) in 

moderate PM-10 nonattainment areas (see section 189(a)) or must require for major sources best 

available control measures (BACM), including best available control technology (BACT) in 

serious PM-10 nonattainment areas (see section 189(b). ADEQ regulates a moderate PM-10 

nonattainment area (see 40 CFR part 81), so combined ADEQ Rules R18-2-602 and R18-2-1501 

through R18-2-1513 must fulfill the requirements of RACM/RACT. 

 

Guidance and policy documents that we use to help evaluate the rules include the following:

 Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 

U.S. EPA, 40 CFR part 51.

 PM-10 Guideline Document (EPA-452/R-93-008).

We believe that the amended ADEQ Rule R18-2-602 is enforceable, considerably more stringent 

than the SIP rule, and fulfills the requirements of RACM/RACT. We believe that the amended 

combined ADEQ Rules R18-2-1501 through R18-2-1513 are enforceable, considerably more 

stringent than the SIP rule, and fulfill the requirements of RACM/RACT. The rules should be 

given full approval.
EPA Recommendation

EPA recommends a full approval under section 110(k)(3) of the CAA as amended in 1990 of the 

following ADEQ rules for incorporation into the Arizona Applicable SIP, superseding the SIP 

rules cited above:

 Rule R18-2-602, Unlawful Open Burning.

 Rule R18-2-1501, Definitions.

 Rule R18-2-1502, Applicability.

 Rule R18-2-1503, Annual Registration, Program Evaluation and Planning.

 Rule R18-2-1504, Prescribed Burn Plan.

 Rule R18-2-1505, Prescribed Burn Requests and Authorization.

 Rule R18-2-1506, Smoke Dispersion and Evaluation.

 Rule R18-2-1507, Prescribed Burn Accomplishment; Wildfire Reporting.

 Rule R18-2-1508, Wildland Fire Use: Plan, Authorization, Monitoring; Interagency Consultation; Status Reporting.

 Rule R18-2-1509, Emission Reduction Techniques.

 Rule R18-2-1510, Smoke Management Techniques.

 Rule R18-2-1511, Monitoring.

 Rule R18-2-1512, Burner Qualifications.

 Rule R18-2-1513, Public Notification Program; Regional Coordination.

Rules R18-2-602 and R18-2-1501 through R18-2-1513 were all amended effective March 16, 

2004 and submitted on December 30, 2004.

Attachments

1. Submitted ADEQ rules.
2. Applicable SIP ADEQ rules.

3. PM-10 Guideline Document (EPA-452/R-93-008). (cover only)