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, Presc ribed Burn Plan Rule R18 - 2 - 1505, Prescribed Burn Requests and AuthorizationRule 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 Op en 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 R egistration, 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 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 Rul es 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 b e 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 fol lows:  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, pre vention 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 da ily 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 equipm ent 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 a llow 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 th e 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 th e 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 permit s 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 ru le 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 accomplishme nt 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 ext ensive 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 use d. 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 hav e 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 (se e 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 contr ol 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 1 89(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, cons iderably 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 requiremen ts 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; Inter agency Consultation; Status Reporting.  Rule R18 - 2 - 1509, Emission Reduction Tech niques.  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)