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 Qualit y

EPA’s Analysis of

Pima County Department of Environmental Quality’s

Rule 17.12.480, Open Burning Permits

March 7 , 2006

Prepared by Al Petersen

Approved by Andrew Steckel2

Pima County Department of Environmental Quality ( PC DEQ )

Submitt ed Rule

 Rule 17.12.480, Open Burning Permits ( amended on October 19, 2004

, submitted on December 30, 2004, submittal determined complete by operation of law on June 30

, 2005).

There are no other submitted versions of Rule 14.12.480 on which EPA has not ac ted.

Applicable SIP Rule s

 Rule 204, Open Burning Permits, section A and B (submitted October 9, 1979, approved on April 16, 1982, 47 FR 16328).

 Rule 204, Open Burning Permits, section C (submitted June 1, 1981 , approved on April 16, 1982 , 47 FR 16328 )

.

 Ta ble 204, Open Burning Permit/non

- Permit Requirements (submitted October 9, 1979, approved on April 16, 1982, 47 FR 16328).

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

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

harm human health and the environment . This rule was developed as part of the local air

district
= s programs to control these pollutants.

The purpose s of the amend ment s to PC DEQ Rule 17.12.480 relative to the SIP versions are as follows:

 480.A: The rule adds one definition

, deletes three definitions , and changes the rule

number

.

 480.C.1.f : The rule add s an exemption from permitting for ceremonial destruction of

f lags. This source is negligible.

 480.C.2.a : The rule adds an exemption from permitting for control of an active wildfire by a public official in the official performance of his duties

. This exemption is reasonable for acting on an emergency situation.

 48 0.C.4 : The rule adds an exemption from permitting for prescribed burning by federal and state agencies. Such burning is done on federal or state lands and the federal or state agencies are the designated regulators of planned prescribed burning on that la nd.

 480.D.1 : The rule adds the allowance to burn with a permit for agricultural burning and prescribed burning in the absence of a federal or state land manager. This type of burning as regulated by a permit is widely performed by private parties in other areas.

 480.F : The rule adds the allowance to burn with a permit and an approved waste burner household waste where no household waste collection or disposal service is available on

either farms of at least 40 acres or on a site where the nearest dwelling unit is at least 500 feet away

. Such burning may reasonably be allowed in remote areas, where there is no reasonable alternative to disposal of this waste.3

 480: The rule deletes an exemption from permitting for the training of governmen t
officials in crim inal

- enforcement or national

- defense activities and an exemption for permitting for safety flares from Table 204

.

Rule Evaluation Generally, SIP rules must be enforceable (see section 110(a) of the CAA) and must not relax existing requirements (see s ections 110(l) and 193).

SIP rules must require for major sources reasonably available control measures (RACM), including RACT in moderate PM

- 10 nonattai n ment 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 nonattai n ment areas (see section 189(b ). PCDEQ regulates a moderate PM

- 10 non attainment area (see 40 CFR part 81) , so PC DEQ Rule

17.12.480 must fulfill the requirements of R ACM/ R AC T.

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 be lieve t h at the amended PC DEQ Rule 1 7.12.480 is enforceable . The changes in the rule are reasonable compared to practices in other areas, and so we believe that the rule fulfill s the requirements of R ACM/ R ACT. It is difficult to evaluate whether the revis ed rule is more stringent than the SIP rules. We believe that the changes reflect reasonable current practice, and the revised rule improves the SIP by clarifying whether certain types of burning require a permit. The rule should be given full approval.

Recommendation

EPA recommends full approval of the following PC DEQ rule s for incorporation into the

California Applicable SIP, superseding the SIP

- approved rule s cited above:

 Rule 17.12.480, Open Burning Permits (adopted on October 19, 2004, submitted on

D ecember 30, 2004).

Attachments

1. Submitted PC DEQ rule

. 2. Applicable SIP PC DEQ rules.

3. PM

- 10 Guideline Document (EPA

- 452/R

- 93

- 008). (cover only)