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

Pima County Department of Environmental Quality’s

Rule 17.12.480, Open Burning Permits

March 7, 2006

Prepared by Al Petersen

Approved by Andrew Steckel
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Pima County Department of Environmental Quality (PCDEQ)

Submitted 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 acted.

Applicable SIP Rules

 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).

 Table 204, Open Burning Permit/non-Permit Requirements (submitted October 9, 1979, 

approved on April 16, 1982, 47 FR 16328).

 

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. This rule was developed as part of the local air 

district=s programs to control these pollutants. 

The purposes of the amendments to PCDEQ 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 adds an exemption from permitting for ceremonial destruction of 

flags. 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.

 480.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 land.

 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.
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 480: The rule deletes an exemption from permitting for the training of government

officials in criminal-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 sections 110(l) and 193). 

SIP rules must require for major sources reasonably available control measures (RACM), 

including 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). PCDEQ

regulates a moderate PM-10 nonattainment area (see 40 CFR part 81), so PCDEQ Rule 

17.12.480 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 PCDEQ Rule 17.12.480 is enforceable. The changes in the rule are 

reasonable compared to practices in other areas, and so we believe that the rule fulfills the 

requirements of RACM/RACT. It is difficult to evaluate whether the revised 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 PCDEQ rules for incorporation into the 

California Applicable SIP, superseding the SIP-approved rules cited above:

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

December 30, 2004).

Attachments

1. Submitted PCDEQ rule.

2. Applicable SIP PCDEQ rules.

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