# Maricopa County Air Quality Department



### May 5,2008 i 

# L b i I Office of the Director 

### 1 

### i , - .A 

## - -,. - 1001North Central A\-enue 

### Ms. Diane Arnst 1 Sute #500 

### L.&_.__ -_.-.-,..-I Phoern, bzona 85004 

### Planning Section Manager 602-506-6443 -desk 602-372-6440-fix\ 

### Arizona Department of Environmental Quality 1110W. 

### Washington St. Phoenix, AZ 

### 85007 SUBJECT: Request for Adopted County Rules and Ordinances Dear Ms. Arnst: In response to Nancy Wrona's request inher letter ofApril 16,2008for information on implementation ofthe provisions of S.B. 1552 (Arizona Laws 2007, Chapter 292), enclosed are copies of Maricopa County's relevant ordinances and rules, and proof of their adoption. Copies ofthe following ordinances and rules (and their related A.R.S. citations) are included: Ordinance P-25: Leaf Blower Restriction Ordinance

## ($8 11-877.A.2, 11-877.A.3) OrdinanceP-26: Residential Woodburning Restriction Ordinance

## (9 1 1-871 .D) Ordinance P-27: Vehicle Parking and Use on Unstabilized Vacant Lots (8 49- 474.01.7) Ordinance P-28: Off-Road Vehicle Use in Unincorporated Areas ofMaricopa County ($ 

### 9-500.27) Rule 3 10.01: Fugitive Dust From Non-Traditional Sources of Fugitive Dust ($8 49- 474.01.6,49-474.01.8) Rule 314:Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments ($8 1 1-871 .B,49-501) If you have any 

### questions concerning the enclosed material, please contact Ms. Jo Crumbaker, Planning and Analysis Division Manager, at (602) 506-6705. Sincerely,

Joy Rich Interim Director cc: Ms. Nancy Wrona, ADEQ Ms. Jo Crumbaker, MCAQD Protecting our most vital, natural resource; air. www.maricova.eov/aq

# COUNTY OFlMANCOPA State ofArizona 

# Offieofthe Clerk

Board ofSupervisors State of Arizona )

### ss. CountyofMaricopa )


### I, Lupe Lerma, Assistant Deputy Clerk ofthe Board ofSupervisors, do hereby certzfi that the attached is a true and correct statement of the agenda item and the action taken by the

### Board ofSupervisors at theirmeeting held on 

### February 20,2008:

PUBLIC HEARING 

### - ORDINANCE P-25 LEAF BLOWER RESTRICTION ORDINANCE (See attached)

IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Oficial Seal of' the County of' Maricopa. Done u/ Phoenix, the County Seul, onMarch 5.2008.

Assistant Deputy Clerk oftlze Board of SupervisorsMARICOPA COUNTY P-25 LEAF BLOWER RESTRICTION ORDINANCE

SECTION 1

### - GENERAL A. PURPOSE B. APPLICABILITY

SECTION 2

## - DEFINITIONS A. AREA A B. ENFORCEMENT OFFICER C. LANDSCAPEDEBRIS D. LEAF BLOWER E. PERMITS FOR THE CONTROL OFFUGITIVE DUST FROM DUST GENERATING OPERATIONS F. PERSON G. PUBLIC ROADWAY H. STABILIZED SURFACE

SECTION3

## - REQUIREMENTS A. RESTRICTED OPERATION OF A LEAFBLOWER B. VIOLATIONS,NOTICES AND PENALTIES

SECTION 4

## - EXEMPTIONS A. SITESWITHPERMITSFOR THE CONTROL OFFUGITIVE DUST FROMDUST GENERATING OPERATIONSBLANK PAGEAdopted 02120108 MARICOPA COUNTY P-25 LEAF BLOWER RESTRICTION ORDINANCE

SECTION 1

## - GENERAL A. PURPOSE: The Leaf Blower Restriction Ordinance prohibits the use of leafblowers for the following activities: 1. Blowing of landscape debris into public roadways; and 2. Operating leaf blowers on surfaces that have not been stabilized. B. APPLICABILITY: TheLeaf Blower Restriction Ordinance applies to the operation of leaf blowers in sections of Area A that are within Maricopa County, including those areas within incorporated cities and towns in such sections. SECTION2

## - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. AREA A

## - As defined in Arizona Revised Statutes (ARS) $49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8East Township 1North, Range 5 West through Range 7 East Township 1South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1East Township 4 South, Range 5 West through Range 1East B. ENFORCEMENT OFFICER 

### - Any officer of Maricopa County that has authorityto enforce County rules, regulations and ordinances. C. LANDSCAPE DEBRIS 

### - Debris generatedor accumulated as a result of, or moved in the course of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock. D. LEAF BLOWER 

### - Any device that generates a stream of air that is designed, or used, to move landscape debris. E. PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING OPERATIONS

### - Any site that has been issued a permit by the Control Officer as required by Rule 200 $305 of the Maricopa County Air Pollution Control Rules and Regulations. F. PERSON

## - Any individual, public or private corporation, company, partnership, firm, association or society of persons, the Federal Government and any of its departments or agencies, or the State and any of its agencies, departments, or political subdivisions.G. PUBLIC ROADWAY 

### - Any street, alley, road, highway or thoroughfare of any kind that is used by the public or that is open to the public as a matter of right, including those roadways within gated communities, for the purpose of vehicular travel. H. STABILIZED SURFACE

## - As defined in ARS $11-877(A)(3), stabilized surfaces are surfaces that have been treated with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, grass or other continuous vegetative cover, or any combination of these stabilizers. SECTION3

## - REQUIREMENTS A. RESTRICTED OPERATIONOFA LEAF BLOWER: 1. Aperson shall not operate a leaf blower in a manner that causes landscape debris to be blown into a public roadway. 2. A person shall only operate leaf blowers on a stabilized surface. B. VIOLATIONS, NOTICES, AND PENALTIES: 1. When the Enforcement Officer has reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Enforcement Officer shall issue, for the first violation of this ordinance, a warning notice stating which requirement of the ordinance was violated. 2. TheEnforcement Officer may impose a civil penalty of $50 for the second violation of this ordinance. Upon a thud violation of this ordinance, the Enforcement Officer may impose a civil penalty of $100. After the fourth and subsequent violations of this ordination, the Enforcement Officer may impose a civil penalty of $250. SECTION4

## - EXEMPTIONS A. SITESWITH PERMITSFOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATINGOPERATIONS: Any site that has been issued a pennit by the Control Officer for the control of fugitive dust from dust generating operations is exempt from all sections of this ordinance.

# COUNTYOFlMARTCOPA State of Arizona 

# Office ofthe Clerk

Board ofSupervisors

State 

## of Arizona ss. 

### County

## of Maricapa )
I, Lori Pacini, Deputy Clerk of the Board of Supe~viso~s, do hereby certzJjl that the following is 

### a true and correct statement of the agenda item and the action taken by

the

### Board of Supervisors at their meeting held onMarch 

### 26,2008: ORDINANCE P-26 RESIDENTIAL WOODBURNING RESTRICTION Pursuant to A.R.S. 9911-871 and 11-251.05, Chairman Kunasek convened the scheduled public hearing to solicit comments on the proposed ordinance P-26, Residential Woodburning Restriction Ordinance. Motion was made by Supervisor Stapley, seconded by Supervisor Brock, and unanimously carried (4-0-1) to adopt the proposed ordinance and submit the ordinance as a revision to the (Arizona) State Implementation Plan (SIP). This item was continued from the February 20, 2008 meeting. (Copy on file in the Office of the Clerk of the Board) (C8508016700) (ADM158)

Air Quality File: IN WITNESS WHEREOF,I have hereunto set my hand and afixed the O#icial Seal of the C'ozmty of Mavicopu. Done ut Phoenix, /he County I A Seut,~n March 31,2008. 

# &fdeL.. De ufy CerkoftheBoard ofSupervisorsMARICOPA COUNTY P-26 RESIDENTIAL WOODBURNING RESTRICTION ORDINANCE INDEX SECTION 1 -GENERAL A. PURPOSE B. APPLICABILITY

SECTION 2 A. B. C. D. E. F. G. H. I. J. 

### K. L. M. N. 0. P. -DEFINITIONS ADEQUATE SOURCE OF HEAT APPROVED WOODBURNINGDEVICE AREA A BURN DOWN PERIOD CARBON MONOXIDE (CO) STANDARD CHIMNEY INAPPROPRIATE FUEL NONATTAINMENT AREA OUTDOOR FIRE PITS OZONE STANDARD PARTICLEATE MATTER NO-BURN STANDARD PARTICULATE MATTER STANDARDS RESIDENTIAL WOODBURNING DEVICE RESTRICTED-BURN PERIOD SOLE SOURCE OF HEAT WOODBURNING CHIMINEA

SECTION 3 -BURNING RESTRICTIONS A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS B. UNLAWFUL OPERATION C. LAWFUL OPERATION D. DECLARATION OF A RESTRICTED-BURN PERIODE. VIOLATIONS, NOTICES, AND PENALTIES

SECTION 4 -EXEMPTIONS A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION 

### B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION C. EMERGENCYEXEMPTION D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION E. APPLICATION FOR AN EXEMPTION F. ACTION ON AN EXEMPTION APPLICATIONAdopted 10/05/94 Revised 04/21/99 Revised 11/17/99 Revised 03/26/08 MARICOPA COUNTY P-26 RESIDENTIAL WOODBURNING RESTRICTION ORDINANCE SECTION 1

## -GENERAL A. PURPOSE: The Residential Woodburning Restriction Ordinance restricts residential woodburning in a non-approved device, outdoor fire pits, woodburning chimineas, and similar outdoor fires when monitoring or forecasting indicates that air quality standards are likely to be exceeded. B. APPLICABILITY:The Residential Woodburning Restriction Ordinance applies to any residential woodburning device, outdoor fire pits, woodburning chimineas, and similar outdoor fires that are within Maricopa County or within incorporated cities and towns in such sections. The Residential Woodburning Restriction Ordinance does not apply to barbecue devices and mesquite grills. SECTION 2 

### -DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. ADEQUATE SOURCE OF HEAT -A permanently installed furnace or heating system, connectedto or disconnected from its energy source, designed to heat utilizing oil, natural gas, electricity, orpropane, and designed to maintain a minimum of70" Fahrenheit at a point three feet above the floor in allnormally inhabited areas of a residence. B. APPROVED WOODBURNING DEVICE -The following residential devices shallbe approved woodburning devices, even though such devices may burn a solid fuel other than wood: 1. a device that has been certified by the Environmental Protection Agency (EPA) as conformingto Phase I1 EPA Standards of Performance for Wood Heaters in 40 Code of Federal Regulations (CFR) 60, SubpartAAA as amended through July 1,2006. 

### 2. Any pellet stove. 3. Any gas burning hearth appliances, including a dedicated gas logsetpermanently installedin any kind ofindoor or outdoor woodburning fireplace which is designed to burn exclusively natural gas or propane.4. Any masonry heater or any other solid fuelburning device that meets performance standards that are equivalentto the standards in 40 CFR 60, SubpartAAA as amended through July 1,2006,and that is approvedby the Control Officer and the Administratorof EPA. C. AREA A -As defined in Arizona Revised Statutes (ARS) $49-541(1),the area 

### in Maricopa County delineatedas follows: Township 

### 8North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5East Township 6 North, Range 5West through Range 6 East Township 5North, Range 5West through Range 7 East Township4 North, Range 5West through Range 

### 8 East Township 3 North, Range 5West through Range 

### 8 East Township 2 North, Range 5West through Range 

### 8East Township 1North, Range 5West through Range 7 East Township 1 South, Range 5West through Range 7 East Township 2 South, Range 5West through Range 7 East Township 

### 3 South, Range 5West through Range 1East Township4 South, Range 5West through Range 1East D. BURN DOWN PERIOD -That period oftime, not to exceed three hours after declaring a restricted-burn period, required for the cessation of combustion within any residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fireby withholding fuel or by modifyingthe air-to-fuel ratio. E. CARBON MONOXIDE (CO) STANDARD -The maximum allowable eight-hour concentration that is nine parts of contaminant per million parts of airby volume (ppm). F. CHIMNEY -a passage for smoke that is usually made of bricks, stone, or metal and often rises two feet above the roof of a building. An approved, factory-built chimney will have a label on each chimney connector and gas vent specifying that such chimney can be used for all fuelsand will show the minimum safe clearances to combustibles. G. INAPPROPRIATE FUEL -Includes, but is not limited to, leaves, grass clippings, green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, asphaltproducts, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moisture content of greaterthan 20 percent, treated wood, plastic or plastic products, rubber or rubber products, office records, sensitive orclassified wastes, or any substance which normally emits dense smoke or obnoxious odors other than paper to start the fire or properly seasoned wood., H. NONATTAINMENTAREA -An area so designatedby the Administrator ofthe EPA, acting pursuant to Section 107of the Clean Air Act, as exceeding national primary or secondary ambient air standards for a particular pollutant orpollutants. I. OUTDOOR FIRE PITS -Any combustion ofmaterial outdoors, where solid fuels including wood or any other non-gaseous or non-liquid fuels are burned in the fuel bed, and the products of combustion are not directed through a flue or chimney. J. OZONE STANDARD-The maximum allowable eight-hour concentration within a 24-hour period (midnight to midnight) that is 0.08 parts of contaminant per million parts of air by volume @pm). K. PARTICULATEMATTER NO-BURN STANDARD -If either ofthe following maximum allowable 24-hour concentrations is forecast for particulate matter: PMlo- 120micrograms per cubicmeter; PM2.5 -30 micrograms per cubic meter. L. PARTICULATEMATTER STANDARDS -The maximum allowable 24-hour concentration that is: PMlo- 150 micrograms per cubic meter; PM2.5 -35 micrograms per cubic meter. M. RESIDENTIALWOODBURNINGDEVICE -A woodburning device designed for solid fuel combustion so that usable heat is derived for the interior of a residence. These devices can be used for aesthetic or spaceheating purposes. N. RESTRICTED-BURN PERIOD -A condition declaredby the Control Officer whenever meteorological conditions are conducive to an accumulation of CO, ozone andorparticulate matter in exceedance ofthe standards or when air quality reaches other limits establishedby the Control Officer. 0. SOLE SOURCE OF HEAT -One or more residential woodburning devices which constitute the only source ofheat in a residence andlor the sole source of fuel for cookingfor a residence. No residential woodburning device shall be considered the sole source of heat ifthe residence is equipped with a permanently installed furnace or heating system which utilizes oil, natural gas, electricity, or propane and which is designed toheat the residence whether or not such fumace or heating system is connected to or disconnected from its energy source. However, this definition shall not supersede municipal or County Building Code requirements asper authority ofA.R.S. 

## $3 9-499.01, 9-240(B)(7),9- 276(A)(13)-(A)(15), A.R.S. 

## 3 9-801 et seq. P. WOODBURNING CHIMINEA -Chimineas are burning devices made from clay, aluminum, or steel and are used for warmth and aesthetics outside in yards and patios. Chimineas are designed to bum solid fuels. SECTION 

### 3 -BURNING RESTRICTIONS: A. RESTRICTED OPERATIONDUlUNG RESTRICTED-BURN PERIODS:During a declared restricted-bum period, a person shall be restricted from operating a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire, in sections of Area A that are within Maricopa County or within incorporated cities and towns in such sections. Exemptions to this requirement are described in Section ' 3(C) and Section 4 ofthis ordinance. B. UNLAWFUL OPERATION:A person shall: 1. Not operate a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire such that emissions to the atmosphere are visible during a restricted-bum period declaredby the Control Officer. 2. Not operate a residential woodbuming device, an outdoor fire pit, a woodbuming chiminea, or similar outdoor fire unless such residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor firehas been installed accordingto the instructions and restrictions specifiedby the manufacturer. 

### 3. Not use a fuel in a residential woodburning device, an outdoor fire pit, a woodbuming chiminea, or similar outdoor fire except those fuels that are recommendedby the manufacturer. 4. Not burn inappropriate fuel in a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire. C. LAWFUL OPERATION: 1. During a declared restricted-bum period, a person may operate a residential woodbuming device ifthe Control Officerhas issued an exemption for such device accordingto Section 4 of this ordinance and if no visible emissionsto the atmosphere are produced after 20consecutive minutes immediately following an ignition of or a refueling of such residential woodburning device. 2. During a declared restricted-burn period, a person may operate a residential woodburning device if such device meets the requirements ofMaricopa County Air Pollution Control Regulations Rule 3 18 (Approval ofResidential Woodburning Devices) and ifno visible emissions to the atmosphere are produced after 20 consecutive minutes immediately followingan ignition of, or a refueling of, such residential woodburning device. 3. During a declared restricted-burn period, a person may operate a residential woodburning device, outdoor fire pit, woodburning chiminea, or similaroutdoor fire, if such device is designed to bum exclusively natural gas or propane. D. DECLARATION OFA RESTRICTED-BURN PERIOD: 1. The Control Officer shall declare a restricted-burn period if, after reviewing available meteorological data, atmospheric conditions, and ambient temperatures, the Control Officer determines that air pollution levels could exceed the carbon monoxide (CO) standard, the ozone standard,and/orthe particulate matter no-burn standard. 2. A person responsible for a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire, excluding those devices describedin Section 3(C) ofthis ordinance, alreadyin operation at the time a restricted-burn period is declared shallwithhold new fuel from the residential woodburning device, outdoor fire pit, woodburning chiminea,or similar outdoor fire for the duration ofthe restricted-burn period. 3. Any person operating or in control of a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire in sections ofArea A that are within Maricopa County or within incorporated cities and towns in such sectionshas a duty to know when a restricted-burn period has been declared. 4. Notice of a restricted-burn period shall be distributed over the wire service to electronicandprint media and/or announcedby a recorded telephone message at least three hours before initiating any enforcementaction for a violation ofthis ordinance. E. VIOLATIONS, NOTICES,

### AND PENALTIES: For purposes ofthis ordinance, and in accordancewith A.R.S. $11-871(D):1. When the Control Officerhas reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Control Officer shall issue, for the first violation of this ordinance, a warning notice which includes a summary of the Maricopa County Residential Woodburning Restriction Ordinance and information on proper woodburning techniques. 2. The Control Officer may impose a civil penalty of $50 to any person who violates this ordinance for the second violation within a one year period after having been issued a warning notice for the first violation ofthis ordinance. 

### 3. For the third violation ofthis ordinance, the Control Officer may impose a civil penalty of $100. The Control Officer may impose a civil penalty of $250 for the fourth or any subsequent violation of this ordinance. After having been issued a citation for a violation of this ordinance, the violation may be refuted by demonstration that the smoke was not causedby a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire orby proof of an exemption pursuant to Section4 of this ordinance. 4. Only those violations of this ordinance which have occurred withinone year of a present offense shall be considered as prior violations. No person shallbe cited for a violation of this ordinance more than once in any calendar day. Each day of violation constitutes a separate offense. SECTION 4 -EXEMPTIONS A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION:The Control Officer may grant a residential sole source of heat exemption if the Control Officer determinesthat a residential woodburning device meets the criteria of sole source ofheat as described in Section 2(0) of this ordinance. The recipient of a residential sole source ofheat exemption must apply annually to the Control Officer for renewal of such exemption, if such exemption is still necessary. The Control Officer shall not issue a residential sole source ofheat exemption after December 3 1, 1995. However, the Control Officer may renew a residential sole source of heat exemption if such exemption was issued before December 3 1, 1995 and if the residential woodburning device meets the criteria of sole source of heat as described in Section2(0) of this ordinance. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION:The Control Officer may issue a temporary sole source of heat exemption for economic orhealth reasons if the Control Officer determines that theapplicant qualifies for financial assistance, according to the economic guidelines established under the Food Stamps, Medicaid, or low income energy assistance programs, as administered by the Income Support Division, or if the Control Officer determines that failure to grant a temporary sole source of heat exemption would endanger the health ofthe applicant. A temporary sole source of heat exemption shall not be issued for more than 150days. EMERGENCY EXEMPTION: The Control Officer may issue an emergency exemption ifthe Control Officer determines that an emergency situation exists. An emergency exemption shall be valid for a period determined by the Control Officer, but shall not exceed one year from the date it is issued. An emergency situation shall include, but is not limited to, the following: 1. A situation where aperson demonstrates that his heating system, other than a residential woodburning device, is inoperable for reasons other than his own actions; or 2. A situation where aperson demonstrates that his heating system has been involuntarily disconnectedby a utility company or other fuel supplier. D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION: The Control Officer may issue an inadequate alternate source of heat exemption ifthe Control Officer determines: 1. That there is a heat source other than a residential woodburning device availableto the residence; 2. That such heat source is not a sole source ofheat, as defined in Section 2(0) ofthis ordinance, and that such heat source is used in conjunction with a residential woodburning device; 3. That such heat sourceis not an approved woodburning device, as defined in Maricopa CountyAir Pollution Control Regulations Rule 3 18 (Approval of Residential Woodburning Devices); and 4. That such heat sourceis not an adequate source ofheat, as defined 

### in Section 2(A) of this ordinance. The recipient of an inadequate alternate source ofheat exemption must comply with municipal or County Building Code requirements (as per authority of A.R.S. 

## $5 9-499.01,9-240(B)(7), 9-276(A)(13)-(A)(15), A.R.S. $ 9-801 et seq.)and must apply annually to the Control Officer for renewal of such exemption, ifsuch exemptionis still necessary. The Control Officer shallnot issue an inadequate alternate source ofheat exemption after December 3 1, 1995.However, the Control Officermay renew an inadequate alternate source ofheat exemption, if such exemption was issued before ~ecember.3 1,1995 and if the residential woodburning devicemeets the criteria of this ordinance. E. APPLICATIONFOR AN EXEMPTION:Any person seeking an exemption shall do soby submitting an acceptable written application to the Control Officer.An application shall state: 1. The applicant's name and mailing address; 2. The address for which the exemptionis sought; and 

### 3. The reasons for seeking the exemption. F. ACTION ON AN EXEMPTION APPLICATION:Following the receipt-ofan exemption application, the Control Officer shall either grant the exemption, grant the exemption subject to conditions, or deny the exemption.The Control Officer shall notify, in writing, the applicant of such decision.

# COUNTYOFMAHCOPA State of Arizona 

# Officeofthe Clerk

Board ofSupervisors

State ofArizona )

### ss. County ofMaricopa )



### I, 

### Lupe Lerma, Assistant Deputy Clerk ofthe Board ofSupervisors, do hereby certzjj that the attached is a true and correct statement of the agenda item and the action taken by theBoard ofSupervisors at their meeting held onFebruary 20,2008:

PUBLIC HEARING - ORDINANCE P-27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS (See attached)

IN WITNESS WHEREOF,

### I have hereunto set my huncJ and affixed the Oflciul Seal qf' the County of Maricopu. Done ut Phoenix, the CountySeat, onMarch 5. 2008.

AssistantDeputy Clerk of tlieBonrd of Supervisors

Air Qualiry File

### MARICOPA COUNTY P-27 VEHICLEPARKING AND USE ON UNSTABILIZEDVACANT LOTS

SECTION 1

# - GENERAL A. PURPOSE B. APPLICABILITY



### SECTION 2

## - DEFINITIONS A. AREA A B. 

### DESIGNATED OR OPENED TRAIL SYSTEM C. ROAD OR HIGHWAY D. VACANT LOTS E. VEHICLE



### SECTION3

# - REQUIREMENTS A. RESTRICTED VEHICLE PARKING

### AND USE



### SECTION4

# - VIOLATIONS, NOTICES,AND PENALTIES

SECTION 5

# - EXEMPTIONS

### BLANK PAGE

### Adopted 02/20/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS P-27 VEHICLEPARKING AND USE ONUNSTABILIZEDVACANT LOTS

SECTION 

### 1

# - GENERAL A. PURPOSE: This ordinance restricts all vehicle parking and use on unstabilized vacant lots. 

### B. APPLICABILITY: This ordinance applies to vehicle parking and use in the unincorporated sections of Area A that are within Maricopa County. 

### SECTION 2 

## - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: 

### A. AREA A

# - The part of the greater Phoenix metropolitan area where specific pollution control programs are in place for ozone, carbon monoxide, andparticulate matter. As defined in Arizona Revised Statutes (ARS) $49-541(1), the area in Maricopa County delineated as follows: Township 

### 8North, Range 2 East and Range 3 

### East Township 7 North, Range 2 West through Range 5 East Township 6

### North, Range 

### 5 West through Range 

### 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 

### 8 East Township 3 

### North, Range 5 West through Range 

### 8 East Township 2 North, Range 5 West through Range 

### 8 East Township 1North, Range 5 West through Range 7 East Township 1South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 

### East Township 3 

### South, Range 5 West through Range 1East Township 4 South,Range 5 West through Range 1East 

### B. DESIGNATED OR OPENED TRAIL SYSTEM

# - Roads orroutes that are part of a system of trails and that are designated or opened by a government land management agency by order, sign, andlor map approved by such agency. 

### C. ROAD OR HIGHWAY

# - Theentire width between the boundary lines of every way publicly maintained by the federal government, a city, a town or a countyif any part of the way is generally open to the use of the public for purposes of vehicular travel. For purposes of this ordinance, the term "road or highway" also includes designated or opened trail systems and service roads regardless of surface composition, and any other property dedicated or otherwise reserved for public orprivate street uses, asevidencedby a recorded document, or having thereon a public easement for such use. 

### D. 

### VACANT LOTS

# - Any of the following describedin Section 

### 2@)(1) through Section 

### 2@)(4)of this ordinance: 

### 1. An unsubdivided or undevelopedtract of land. 

### 2. A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings, structures, or uses of a temporary or permanent nature. 

### 3. A partially developed residential, industrial, institutional, governmental, or commercial lot. 

### 4. For the purposes of this ordinance, a vacant lot is not a road or highway. 

### E. VEHICLE

## - A self propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails or tracks. 

### SECTION3

## - REQUIREMENTS A. RESTRICTEDVEHICLE PARKING AND USE: A person shall not park or use a vehicle on an unstabilized vacant lot within the unincorporated sections of Area A in Maricopa County. 

### SECTION4

# - VIOLATIONS, NOTICES, AND PENALTIES A. A person who violates this ordinance is guilty of a class 

### 3 misdemeanor. 

### B. In additionto or in lieu of a fine pursuant to this section, ajudge may order the person to perform at least eight but not more than twenty-four hours of a community restitution course related to the off-highway operation of motor vehicles. 

### C. For violations of this ordinance,the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adoptedby the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this ordinance. 

### SECTION5

# - EXEMPTIONS A. The property owner, person entitled to immediate possession of the property, or invitee who has lawful authoritymay operate such vehiclesif such use does not violate any other applicable laws.

### B. Any site that has been issued a permit by the Control Officer for the control of fugitive dust from dust generating operations.

### MARICOPA COUNTY P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY

SECTION 

### 1

# - GENERAL A. PURPOSE B. APPLICABILITY



### SECTION 2

# - DEFINITIONS A. DESIGNATED OR OPENED TRAIL SYSTEM B. ROAD OR HIGHWAY C. VEHICLE



### SECTION3

# - RESTRICTIONS

SECTION4

## - VIOLATIONS, NOTICES, ANDPENALTIES

SECTION

### 5

# - EXEMPTION

### BLANK PAGE

### Adopted 02120108 

### MARICOPA COUNTY P-28 

### OFF ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY

SECTION 1

## - GENERAL A. 

### PURPOSE: This ordinance restricts the operation of any vehicle on unpaved property. 

### B. APPLICABILITY: This ordinance applies to the operation of any vehicle in unincorporated sections within Maricopa County. 

### SECTION 2 

## - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: 

### A. DESIGNATED OR OPENED TRAIL SYSTEM

# - Roads orroutes that are part of a system of trails and that are designated or opened by a government land management agency by order, sign, andlor map approvedby such agency. 

### B. ROAD OR HIGHWAY

# - The entire width between the boundary lines of every way publicly maintained by the federal government, a city, a town or a county if anypart of the way is generally open to the use of the public for purposes of vehicular travel. Forpurposes of this ordinance, the term "road orhighway7'also includes designated or opened trail systems, service roads regardless of surface composition, and any other property dedicated or otherwise reserved forpublic or private street uses, as evidenced by a recorded document, orhaving thereon a public easement for such use. 

### C. VEHICLE

# - A self propelled device and its appurtenances, excluding devices moved by human power orused exclusively on stationary rails or tracks.


### SECTION3

## - RESTRICTIONS: A. A person shall not access unpaved public property with any vehicle within the unincorporated areas of Maricopa County without lawful authority. Lawful authority shall consist ofrules, regulations, or orders of a federal agency, this state, a county or municipality which shall be made available to the public by any one of the following: 

### 1. A sign to designate the property islas open. Such sign shall be in compliance with the standard travel management signing protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuouslyplaced at all points of vehicular access and contain the followinginformation: "Travel Must

### SECTION

### 4 Remain On Designated Routes". Copies of the standard travel management signing protocol are available for review at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, AZ, 85004. 

### 2. Through orders of a government land management agency. 

### 3. Through most current maps approved by such government land management agency. 

### 4. Virtual posting from a government land management agency. A person shall not operate any vehicle on unpaved private property within the unincorporated areas of Maricopa County without the consent of the lawful owner. Consent of the lawful owner consists of either or both of the following: 

### 1. A sign to designate the property islas open. Such sign shall be in compliance with the standard travel management signing protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On DesignatedRoutes". Copies of the standard travel management signing protocol are available for review at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, 

### AZ, 85004. 

### 2. Prior written permission which contains the following: 

### (a)The name, address, and telephone number of the person grantingpermission for the use of the property; 

### (b)A description of the interestthe person granting permission has in the property (i.e.,property owner, lessee, or agent); 

### (c) If the person grantingpermission is not the owner of the property, the written permission shall also contain the name, address, and telephone number of the property owner; 

### (d) Specify the period of time for which permission for the use of the property is being granted; and 

### (e) The signatureof the person granting permission for the use of the property. Whenever any person is stopped by an Enforcement Officer for a violation of Section 

### (3) of this ordinance,helshe shall, upon the request of the Enforcement Officer identify or present the lawful authority required in this section. 

### VIOLATIONS, NOTICES, AND PENALTIES:

### A. A person who violates this ordinance is guilty of a class 

### 3 misdemeanor. 

### B. In additionto or in lieu of a fine pursuant to this section, ajudge may order the person to perform at least eight but not more than twenty-four hours of a community restitution course related to the off-highway operation of motor vehicles. 

### C. For violations of this ordinance, the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this ordinance. 

### SECTION5

# - EXEMPTION: A. This ordinance shall not apply during a period of emergency or if the operation is directed by a peace officer or other public authority. 

### B. The property owner, person entitled to immediate possession of the property, or invitee who has lawful authority may operate such vehicles on the property if such use does not violate any other applicable laws. 

### C. For the purposes of this ordinance, unpaved public or unpaved private property does not include roads or highways. 

### D. This ordinance shall not apply to operations directed by utilities for operation, distribution, and transmission systems provided that both of the following conditions are met: 

### 1. Operations are performed in a 1using a marked company vehicle; and 

### 2. If operations are performed in a 1using a personal vehicle, then identification of the company shallbe visible and readable by the public without having to be asked by the public (e.g., includedposted in a sign that is visible on the vehicle or includedposted in a sign that is visible in the window of the vehicle).

# COUNTY OFMARICOPA State of Arizona 

# Officeofthe Clerk

Board of Supervisors State of Arizona ) 

### ss. 

### County of Maricopa )


### I, 

### Lupe Lerma,Assistant Deputy Clerk ofthe Board ofSupervisors, do hereby certzfi that the attached is a true and correct statement of the agenda item and the action taken by the

### Board of

### Supervisors at their meeting held on 

### February20,2008:

PUBLIC HEARING

## - ORDINANCE P-28 OFF-ROAD VEHICLE USE IN UNINCORPORATED AREAS (See attached)

IN WITNESS WHEREOF, I have hereunto set my hand and afixed the Qficial Seal of the County of Maricopn. Done at Phoenix, [he County Seat, onMarch 5, 2008.

Assistant Depufy Clerk of theBoard of Supervisors

Air Quality File

### MARICOPA COUNTY P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY

SECTION 1

## - GENERAL A. PURPOSE B. APPLICABILITY



### SECTION 2

# - DEFINITIONS A. DESIGNATED OR OPENED TRAIL SYSTEM B. ROAD OR HIGHWAY C. 

### VEHICLE



### SECTION3

## - RESTRICTIONS

SECTION4 

## - VIOLATIONS,NOTICES,AND PENALTIES

SECTION5 

## - EXEMPTION

### BLANK 

### PAGE

### Adopted 02120108 MARICOPA COUNTY P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY

SECTION 1

# - GENERAL A. PURPOSE: This ordinance restricts the operation of any vehicle on unpaved property. 

### B. APPLICABILITY: This ordinance applies to the operation of any vehicle in unincorporated sections within Maricopa County. 

### SECTION2

# - DEFINITIONS: For the purpose of this ordinance,the following definitions shall apply: 

### A. DESIGNATEDOR OPENED TRAIL SYSTEM

# - Roads or routes that are part of a system of trails and that are designated or openedby a government land management agencyby order, sign, and/ormap approvedby such agency. 

### B. ROAD ORHIGHWAY 

## - The entire width between theboundary lines of every way publicly maintainedby the federal government, a city, a town ora county if any part of the way is generally open to the use of the public for purposes of vehicular travel. For purposes of this ordinance,the term "road or highway" also includes designated or opened trail systems, service roads regardless of surface composition, and any other property dedicated or otherwise reserved for public or private street uses, as evidencedby a recorded document, or having thereon a public easement for such use. 

### C. VEHICLE

# - A self propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails ortracks.



### SECTION3

# - RESTRICTIONS: A. A person shall not access unpaved public property with'any vehicle within the unincorporated areas of Maricopa County without lawful authority. Lawful authority shall consist of rules, regulations, or orders of a federal agency, this state, a county or municipality which shall be made availableto the public by any one of the following: 

### 1. A sign to designate the property islas open. Such sign shallbe in compliance with the standard travel management signing protocol used by Southwest Land Management Agencies and shall at aminimum be conspicuouslyplaced at all points of vehicular access and contain the following information: "Travel Must

### Remain On Designated Routes". Copies of the standard travel management signing protocol are available forreview at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, AZ, 85004. 

### 2. Through orders of a government land management agency. 

### 3. Through most current maps approved by such government land management agency. 

### 4. Virtual posting from a government land management agency. 

### B. A person shall not operate any vehicle on unpaved private property within the unincorporated areas of Maricopa County without the consent of the lawful owner. Consent of the lawful owner consists of either orboth of the following: 

### 1. A sign to designate the property islas open. Such sign shall be in compliance with the standard travel management signing protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes". Copies of the standard travel management signingprotocol are available forreview at the Maricopa County Air Quality Department, 1001North Central Avenue, Phoenix, AZ, 

### 85004. 

### 2. Prior written permission which containsthe following: 

### (a)Thename, address, and telephone number of the person granting permission for the use of the property; 

### (b)A description of the interest the person granting permission has in the property (i.e., property owner, lessee, or agent); 

### (c)If the person granting permission is not the owner of the property, the written permission shall also contain the name, address, and telephone number of the property owner; 

### (d) Specify the period of time for which permission for the use of the property is being granted; and (e) The signature of the person granting permission for the use of the property. 

### C. Whenever any person is stopped by an Enforcement Officer for a violation of Section (3) of this ordinance, helshe shall, upon the request of the Enforcement Officer identify orpresent the lawful authority required in this section. 

### SECTION4

## - VIOLATIONS, NOTICES, AND PENALTIES:

### A. A person who violates this ordinance is guilty of a class 

### 3 misdemeanor. 

### B. In addition to or in lieu of a fine pursuant to this section, ajudge may order the person to perform at least eight but not more than twenty-four hours of a community restitution course related to the off-highway operation of motor vehicles. 

### C. For violations of this ordinance, the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this ordinance. 

### SECTION 5

## - EXEMPTION: A. This ordinance shall not apply during aperiod of emergency or if the operation is directed by a peace officer or other public authority. 

### B. The property owner, person entitled to immediate possession of the property, or invitee who has lawful authority may operate such vehicles on the property if such use does not violate any other applicable laws. 

### C. For the purposes of this ordinance, unpaved public or unpaved private property does not include roads or highways. 

### D. This ordinance shall not apply to operations directed by utilities for operation, distribution, and transmission systems provided that both of the following conditions are met: 

### 1. Operations are performed in a/ using a marked company vehicle; and 

### 2. If operations are performed in a/ using a personal vehicle, then identification of the company shallbe visible and readable by the public without having to be asked by the public (e.g., includedposted in a sign that is visible on the vehicle or includedpostedin a sign that is visible in the window of the vehicle).

# COljT7VTYOFlMIARTCOPA State ofArizona 

# Officeof 

# the Clerk

Board ofSupervkors

State of Arizona ) SS. 

### CountyofMavicopa )

I, 

### Lori Pacini, Deputy Clerk of the Board of Supervisors, do hereby certzJL that the following is a true and correct statement of the agenda item and the action taken by

theBoard ofSupervisors at their meeting held onMarch 26,2008: PERMIT REQUIREMENTS, RULE 310-FUGITIVE DUST FROM DUST GENERATING RULE 200 Pursuant to A.R.S. $49-479(b), Chairman Kunasek convened the scheduled public hearing to solicit comments on proposed revisions to the following Maricopa County Air Pollution Control Regulations: Rule 200-Permit Requirements, Rule 310-Fugitive Dust From Dust Generating Operations, Rule 310.01-Fugitive Dust From Non-Traditional Sources Of Fugitive Dust, and Appendix C-Fugitive Dust Test Methods and to solicit comments on submitting the rules as a revision to the (Arizona) State Implementation Plan (SIP). Motion was made by Supervisor Stapley, seconded by Supervisor Wilson, and unanimously carried (4-0-1) to adopt proposed revisions, to Maricopa County Air Pollution Control Regulations Rules 200, 310, 310.01, and Appendix C and to submit the revised rules as a revision to the (Arizona) State lmplementation Plan (SIP). This itemwas continued from the February 6, 2008 meeting. (C8508021700)

Air Qualip File: IN WITNESS WHEREOF,I have hereunto set my hand and ajixed the OfJicial Seul of the Counry of' Maricopu. Done at Phoenix, the CogtySeut,

### prp March 31, 2008. 

# flu\& Deputy Clerkofthe Board ofSupervisors

### REGULATION I11 

## - CONTROL OF AIR CONTAMINANTS RULE 310.01 FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OFFUGITIVE DUST INDEX SECTION 100

### - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS



### SECTION 200

## -DEFINITIONS 201 ANIMAL WASTE 202 AREA A 203 AREA ACCESSIBLETO THE PUBLIC 204 BULK MATERIAL 205 CHEMICAUORGAMC STABILIZER 206 CONTROL MEASURE 207 DISTURBED SURFACE AREA 208 DUST-GENERATING OPERATION 209 DUST SUPPRESSANT 210 EMERGENCY 2 1 1 EMERGENCY ACTIVITY 212 FEED LANE ACCESS AREAS 213 FUGITIVE DUST 214 GRAVELPAD 215 GRIZZLY 2 16 LIVESTOCK ACTIVITIES 217 MOTOR VEHICLE 218 NON-TRADITIONAL SOURCE OFFUGITIVE DUST 219 NORMAL FARM CULTURALPRACTICE 220 OFF-ROADVEHlCLE

### OPEN AREAS AND VACANT LOTS OWNER AND/OR OPERATOR PAVE PMloNONATTAINMENT AREA PROPERTY LINE PUBLIC ROADWAYS TRACKOUTICARRYOUT TRACKOUT CONTROL DEVICE UNPAVED ACCESS CONNECTIONS UNPAVED PARKING LOT UNPAVED ROADWAY (INCLUDING ALLEYS) VACANT LOT


### SECTION300 

## -STANDARDS 301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OFFUGITIVE DUST 302 CONTROL MEASLTRES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST


### SECTION400

## -ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION500

# -MONITORING AND RECORDS 501 

### COMPLIANCE DETERMINATION 502 RECORDKEEPING 503 RECORDS RETENTION

### Adopted 06/16/99 

### Revised 02/16/00 

### Revised 02/17/05 

### Revised 03/26/08 

### MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATIONI11 

### - CONTROL OF AIR CONTAMINANTS RULE 310.01 

### FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVEDUST SECTION 100

### -GENERAL 101 

### PURPOSE: To minimize the amount of fugitive dust entrained into the ambient air from non-traditional sources of fugitive dust by requiring measures to prevent, reduce, or mitigate fugitive dust emissions. 

### 102 

### APPLICABILITY: 102.1 Theprovisions of this rule shall apply to non-traditional sources of fugitive dust that are conducted in Maricopa County, except for those dust-generating operations listed in Section 103of this rule. 

### 102.2 Theprovisions of this rule shall apply to any open area or vacant lot that is not defined as agricultural land and is not used for agricultural purposes according to Arizona Revised Statutes (A.R.S.) 

## 5 42-12151 and A.R.S. 

## 5 42-12152. 

### 103 

### EXEMPTIONS: 103.1 The provisions of this rule shall not apply to normal farm cultural practices according to A.R.S. 

## 5 49-457 and A.R.S. 

## 5 49-504.4. 

### 103.2 The provisions of this rule shall not apply to dust-generating operations that are subject to the standards and/or requirements described in Rule 310-Fugitive Dust from Dust-generating Operations of these rules. 

### 103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to restore critical utilities to functional status. 

### 103.4 An area is considered to be a disturbed surface area until the activity that caused the disturbance has been completed and the disturbed surface area meets the standards described in this rule.

### 103.5 Establishing initial landscapes without the use of mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non-motorized sports shall not be considered a dust-generating operation. However, establishing initial landscapes without the use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, ortrenching, performed to establish initial landscapes or to redesign existing landscapes. 

### 103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include emissions from process and combustion sources that are subject to other rules in Regulation 

### III (Control of Air Contaminants) of these rules. 

### SECTION 200 

### -DEFINITIONS: SeeRule 100-General Provisions and Definitions of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 

### 201 

### ANIMAL WASTE

## -Any animal excretions and mixtures containing animal excretions. 

### 202 

### AREA A 

### -As defined in A.R.S. 

### 5 49-541(1), the area in Maricopa County delineated as follows: Township 

### 8 North, Range 

### 2 East and Range 

### 3East Township 

### 7 North, Range 

### 2 West through Range 5 East Township 

### 6 North, Range 5 West through Range 

### 6 East Township 5 North, Range 

### 5 West through Range 

### 7 East Township 4 North, Range 5 West through Range 

### 8East Township 

### 3North, Range 5 West through Range 

### 8 East Township 

### 2 North, Range 5 West through Range 

### 8East Township 

### 1North, Range 5 West through Range 

### 7 East Township 

### 1South, Range 5 West through Range 

### 7 East Township 

### 2 South, Range 

### 5West through Range 

### 7 East Township 

### 3 South, Range 5 West through Range 1East Township 4 South, Range 5 West through Range 1East 

### 203 

### AREA ACCESSIBLETO THE PUBLIC -Any parking lot orpublic roadway that can be entered orused for public travel primarily for purposes unrelated to the dust-generating operation. 

### 204 

### BULK MATERIAL

### -Any material, including, but not limited to, the following materials that are capable of producing fugitive dust.: 

### 204.1 Earth.

### 204.2 Rock. 

### 204.3 Silt. 

### 204.4 Sediment. 

### 204.5 Sand. 

### 204.6 Gravel. 

### 204.7 Soil. 

### 204.8 Fill. 

### 204.9 Aggregate less than 

### 2 inches in length or diameter (i.e., aggregatebase course [ABC]). 

### 204.10 Dirt. 

### 204.11 Mud. 

### 204.12Demolition debris. 

### 204.13Cotton. 

### 204.14Trash. 

### 204.15 Cinders. 

### 204.16 Pumice. 

### 204.17 Saw dust. 

### 204.18 Feeds. 

### 204.19 Grains. 

### 204.20 Fertilizers. 

### 204.21 Fluff from shredders. 

### 204.22 Dry concrete. 

### 205 

### CHEMICALIORGANICSTABILIZER

## -Any non-toxic chemical ororganic dust suppressant, other than water, which meets any specifications, criteria, or tests required by any Federal, State, or local water agency and is not prohibited for use by any applicable law, rule, or regulation. 

### 206 

### CONTROLNIEASURE 

### -A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, andlor airborne transport of fugitive dust. 

### 207 

### DISTURBEDSCTRFACEAREA -Aportion of the earth's surface or material placed on the earth's surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition if the potential for the emission of fugitive dust is increasedby the movement, destabilization, or modification. 

### 208 

### DUST-GENERATING OPERATION -Any activity capable of generating fugitive dust, includingbut not limited to, the following activities: 

### 208.1 Land clearing, maintenance, and.land cleanup using mechanized equipment



### . 

### 208.2 Earthmoving. 

### 208.3 Weed abatement by discing or blading. 

### 208.4 Excavating.

### 208.5 Construction. 

### 208.6 Demolition. 

### 208.7 Bulk material hand.ling(e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations). 

### 208.8 Storage and/or transporting operations (e.g., open storage piles, bulk material hauling andlor transporting, bulk material stacking, loading, and unloading operations). 

### 208.9 Operation of any outdoor equipment. 

### 208.10 Operation of motorized machinery. 

### 208.11 Establishing and/or using staging areas,parking areas, material storage areas, or accessroutes to and from a site. 

### 208.12 Establishing and/or using unpaved haul/access roads to, from, and within a site. 

### 208.13Disturbed surface areas associated with a site. 

### 208.14 Installing initial landscapes using mechanized equipment. 

### 209 

### DUST SLTPPRESSANT 

### -Water, hygroscopic material, solution of water and chemical surfactant, foam,non-toxic chemical stabilizer, or any other dust palliative, which isnot prohibited for ground surface application by the Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions. 

### 210 

### EMERGENCY -A situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action torestore normal operation, and that causes the source toexceed a limitation in this rule, due tounavoidable increases in emissions attributable tothe emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

### 211 

### EMERGENCY ACTIVITY -Repairs that are a result of an emergency which prevents or hinders the provision of electricity, the distribution/collection of water, and the availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear conducted by a utility or municipality. 

### 212 

### FEEDLANE ACCESSAREAS -Roads providing access from the feed preparation areas to and including feed land areas at a livestock activity. These access roads are typically used to distribute feed from feed trucks to the animals. 

### 213 

### FUGITIVE DUST -Theparticulate matter not collected by a capture system, that is entrained in the ambient air and is caused from human and/ornatural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind.

### 214 

### GRAVELPAD 

### -A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of a paved area accessible to the public and a work site entrance to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul trucks, prior to leaving the work site. A gravel pad shall consist of one inch to 3 inches rough diameter, clean, well-graded gravel or crushed rock. Minimum dimensions must be 30feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul truck, whichever is greater. 

### 215 

### GRIZZLY 

### -A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

. 

### 216 

### LIVESTOCK ACTIVITIES

## -Any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity, including but not limited to, livestock arenas, horse arenas, and feed lots. 

### 217 

### MOTOR VEHICLE 

### -A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona StateUniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. 

### 218 

### NON-TRADITIONAL SOURCE OF FUGITIVE DUST 

### -A source of fugitive dust that is located at a source that does not require any permit under these rules. The following non-traditional sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01-Fugitive Dust from NonTraditional Sources of Fugitive Dust of these rules: 

### 218.1 Vehicle use in open areas and vacant lots 

### 218.2 Open areas and vacant lots 

### 218.3 Unpaved parking lots 

### 218.4 Unpaved roadways (including alleys) 

### 218.5 Livestock activities 

### 218.6 Erosion-caused deposition of bulk materials onto paved surfaces 

### 218.7 Easements, rights-of-way, and access roads for utilities (electricity, natural gas, oil, water, and gas transmission) 

### 219 

### NORMAL FARM CULTURAL PRACTICE -All activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition.220 

### OFF-ROAD VEHICLE 

### -Any self-propelled conveyance specifically designed for off-road use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies. 221 

### OPEN AREAS AND VACANT LOTS 

### -Any of the following described in Section 221.1 through Section 221.3 of this rule. For the purpose of this rule, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operatedby the same individual or entity are considered one vacant open area or vacant lot. 221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental, or commercial area. 221.2 A subdivided residential, industrial, institutional, governmental,or commercial lot that contains no approved orpermitted buildings or structures of a temporary or permanent nature. 221.3 A partially developed residential, industrial, institutional, governmental, or commercial lot. 222 

### OWNERAND/OR OPERATOR 

### -Any person who owns, leases, operates, controls, or supervises a fugitive dust source subject to the requirements of this rule. 223 

### PAVE 

### -To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). 

### PMloNONATTAINMENTAREA 

### -An area designated by the EPA as exceeding National Ambient Air Quality Standards based upon data collected through air quality monitoring. The geographical boundary of Maricopa County's PMlo nonattainment area is defined as the rectangle determinedby and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and TIN,R8E. Maricopa County's PMlononattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear. 225 

### PROPERTY LINE -The boundaries of an area in which either a person causing the emission or a person allowing the emission has the legal use or possession of the property.Where such property is divided into one or more sub-tenancies, the property line(s) shallrefer to the boundaries dividing the areas of all subtenancies. 226 

### PUBLIC ROADWAYS -Any roadways that are open to public travel. 227 

### TRACKOUTICARRYOUT 

### -Any and all bulk materials that adhere to and agglomerate on the surfacesof motor vehicles, haul trucks, and/or equipment

### (including tires) and that have fallen or been deposited onto a paved area accessible to the public. 

### 228 

### TRACKOUT CONTROL DEVICE -

### A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and a paved area accessible to the public that controls or prevents vehicular trackout. 

### 229 

### UNPAVEDACCESS CONNECTIONS -

### Any unpaved road connection with a paved public road. 

### 230 

### UNPAVEDPARKING LOT 

### -Any area that is not paved and that is used for parking, maneuvering, material handling, or storingmotor vehlcles and equipment. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storageyards. For the purpose of this definition, maneuvering shall not include military maneuvers or exercises conducted on federal facilities. 

### 231 

### UNPAVED ROADWAY (INCLUDING ALLEYS)

## -A road that is not paved andthat is owned by Federal, State, county, municipal, or other governmental or quasi-governmental agencies. For the purpose of this rule, an unpaved roadway (including alleys) is not a horse trail, hiking path, bicycle path, or other similar path used exclusively forpurposes other than travel by motor vehicles. An unpaved roadway (including alleys)includes designated or opened trail systems and service roads regardless of surface composition and any other property dedicated or otherwise reserved forpublic or private street uses, as evidenced by a recorded document, or having thereon a public easement for such use. 

### 232 

### VACANT LOT -

### The definition of vacant lot isincluded in Section 221- Definition of Open Areas and Vacant Lots of this rule. 

### SECTION300 

### -STANDARDS 301 

### GENERAL REQUIREMENTSFOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST: 301.1 An owner andoroperator of a non-traditional source of fugitive dust shall be subject to the standards andorrequirements described in this rule. Failureto comply with any such standards andorrequirements is deemed a violation of this rule. 

### 301.2 When an owner andoroperator of a non-traditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots asrequired in Section 302.4 and Section 302.5 of this rule, the Control Officer shall commence 

# -enforcement of those rule provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following:



### a. Reasonable written notice to the owner or the owner's authorized agent or the owner's statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized. The notice shall be given not less than 30days before the day set for compliance and shall include a legal description of the property and the estimated cost to the county for the stabilization if the owner does not comply. Thenotice shall be either personally served or mailed by certified mail to the owner's statutory agent, to the owner at the owner's last known address or to the address to which the tax bill for the property was last mailed. 

### b. Authority to enterupon any said landproperty where such nontraditional source of fugitive dust existslwhere such disturbed surface area exists and to take remedial andorcorrective action as may be deemed appropriate to cope with andrelieve, reduce, remedy, andor stabilize such non-traditional source of fugitive dust/such disturbed surface area. Any cost incurred in connection with any such remedial or corrective action by the Maricopa County Air Quality Department or any person acting for the Maricopa County Air Quality Department shall be reimbursed by the owner andoroperator of such nontraditional source of fugitive dust. 

### 302 

### CONTROL MEASURESFOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST: 302.1 When engaged in the activities described in Section 302.4 through Section 302.10 of this rule, the owner andoroperator of a non-traditional source of fugitive dust shall implement control measures as described in Section 302.4through Section 302.10 of this rule, as applicable. 

### 302.2 Control measures shall be implemented to achieve the visible emissions requirements, as required for each activity and the compliance determination in Section 501of this rule. 

### 302.3 Failure to implement control measures as required by this rule, as applicable, andorfailure to maintain stabilization of a non-traditional source of fugitive dust with adequate surface crusting to prevent wind erosion as measured by the requirements in this rule shall be deemed a violation of this rule. 

### 302.4 

### Vehicle Use in OpenAreas and Vacant Lots: Theowner andor operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall be subject to the visible emissions

### requirements describedin Section 302.4(a)of this rule and,unless otherwise specifiedand/or required, shall comply with the control measures described in Section 302.4(b) of this rule and the additional requirements described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements: The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall not cause, suffer, or allow visible emissions ofparticulate matter, including fugitive dust,beyond the property line within which the emissions are generated. b. ControlMeasures: (1) Prevent motor vehicle and/or off-road vehicle trespassing,parking, and/or accessby installing barriers, curbs, fences, gates,posts, shrubs, trees, or other effective control measures; 

### (2) Prevent motor vehicle and/or off-road vehicle trespassing,parking, and/or accessby posting that consists of one of the following: (a) A sign written in compliancewith ordinance(s)of local, County, State, or Federal sign standards. (b) An order of a governmentland management agency. (c) Most current maps approved by a governmentland management agency. (d) Virtual posting a government land management agency. 

### (3) Uniformly apply and maintain surfacegravel or chernicallorganic stabilizersto all areas disturbedby motor vehicles and/or off-road vehicles; or 

### (4) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator.

c. Additional Requirements: (1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulativeof 500 square feet or more that are disturbed by being driven over and/orused by motor vehicles, by off-road vehicles, or for material dumping,then the owner and/or operator shall implement one or more of the control measures described in Section 302.4(b) of this rule within 60calendar daysfollowingthe initial discovery by the Control Officer of disturbance or vehicle use on open areas and vacant lots. (2) Within 30 calendar days following the initial discoveryby the Control Officer of disturbance or vehicle use on open areas and vacant lots, the owner andor operator shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented to prevent such disturbance or vehicle use on open areas and vacant lots. 

### (3) The owner andoroperator shall implement all control measures necessary to limit the disturbance or vehicle use on open areas and vacant lots in accordancewith the requirements of this rule. Control measure(s) shallbe considered effectively implemented when the open areas and vacant lots achievethe compliance determinations described in Section 302.4(a) of this rule. 

### (4) Once a control measure in Section 302.4(b) of this rule has been effectively implemented,then such open area or vacant lot is subjectto the requirements of Section 302.5-Open Areas and Vacant Lots of this rule. (5) Use of or parking on open areas and vacant lots by the owner andor operatorof such open areas and vacant lots shall not be considered vehicle use in open areas and vacant lots and shall not be subject to the requirements of Section 302.4(b) and Section 302.4(~)(1) through Section 302.4(~)(4) of this rule. Such open areas and vacant lots shall still achieve the compliance determinations described in Section 501 of this rule. 

### (6) Establishing initial landscapes without the use'of mechanized equipment or conducting landscape maintenance without the use of mechanized equipment shall not be considered vehicle use in open areas and vacant lots and shall not be subject to the requirements of Section 302.4(b)and Section 302.4(~)(1) through Section 302.4(~)(4) ofthis rule. Such open areas and vacant lots shall still achieve the compliance determinations described in Section 501 of this rule. 302.5 

### Open Areas and Vacant 

### Lots: The owner andor operatorof a nontraditional sourceof fugitive dust that involves open areas and vacant lots shall be subject to the visible emissions requirements described in Section 302.5(a) of this rule and, unless otherwise specified and/or required, shall comply with the controlmeasures described in Section 302.5(b) of this rule and the additionalrequirements described in Section 302.5(c) of this rule.

### a. Visible Emissions Requirements: The owner and/or operator of a non-traditional source of fugitive dust that involves open areas and vacant lots shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. 

### b. Control Measures: (1) Establish vegetative ground cover on all disturbed surface areas. Such control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per this control measure, within eight months after the control measure has been implemented. (2) Apply a dust suppressantto all disturbed surface areas. 

### (3) Restore all disturbed surface areas within 60calendar days following the initial discoveryby the Control Officer of the disturbance, such that the vegetative ground cover and soil characteristics are similarto adjacent or nearby undisturbed native conditions. Such controlmeasure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved,per such control measure, within eight months after such control measure has been implemented. 

### (4) Uniformly apply and maintain surface gravel. 

### (5) Apply and maintain an alternative control measure approvedin writing by the Control Officer and the Administrator.

c. 

### Additional Requirements: (1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed and if such disturbed area remains unoccupied, unused, vacant, or undeveloped for more than 15days, then the owner and/or operator shall implement one or more of the control measures described in Section 302.5(b) of this rule within 60 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots. (2) Within 30 calendar days following the initial discovery by the Control Officer of the disturbanceon the open areas and vacant lots, the owner and/or operator shall provide in writing to the

### Control Officer a description and date of the control measure(s) to be implemented. (3) Control measure(s) shall be considered effectively implemented when the disturbanceon the open areas and vacant lots achieves the compliance determinationsdescribed in Section 302.5(a) of this rule. 302.6 Unpaved ParkingLots: The owner and/oroperator of a non-traditional source of fugitive dust that involves unpaved parking lots shall be subject to the requirements described in Section 302.6(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures describedin Section 302.6(b) of this rule and the additional requirements describedin Section 302.6(c)of this rule. a. Visible Emissions Requirements and Stabilization Requirements: (1) The owner and/or operator of a non-traditional source of fugitive dust that involvesunpaved parking lots shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. (2) The owner and/or operator of a non-traditional source of fugitive dust that involves unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and either Section 302.6(a)(2)(a)or Section 302.6(a)(2)(b)of this rule: (a) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or (b) Shall not allow the silt contentto exceed 8%. b. Control Measures: (1) Pave; (2) Apply dust suppressants other than water and install, maintain, and use a suitabletrackout control devicethat controls and prevents trackout and/orremoves particulatematter from tires and the exterior surfacesof motor vehicles that traverse the site; (3) Uniformly apply and maintain surface gravel; or 

### (4) Apply water and install, maintain, and use a suitabletrackout control devicethat controls and preventstrackout and/or removes

### particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site.

c. Additional Requirements: 

### (1) The owner and/or operator of an unpaved parking lot shall implement one of the control measures described in Section 302.6(b) of this rule on any surface area(s) of the lot on which vehicles enter, park, and exit. (a) If an unpaved parking lot is utilized for aperiod of 35 days or less during the calendar year, the owner andor operator shall implement one or more of the control measures describedin Section 302.6(b) of this rule during the period that the unpaved parking lot is utilized for vehicle parking and shall restrict vehicle access to only those areas upon which a control measure has been implemented. If an unpaved parking lot is utilized for more than 35 days during the calendar year, the owner and/or operator shall implement one ormore of the control measures described in Section 302.6(b)(l) through Section 302.6(b)(3) of this rule during the period that the unpaved parking lot is utilized for vehicle parking and shall restrict vehicle access to only those areas upon which a control measure has been implemented. 

### (2) Controlmeasure(s) shallbe considered effectively implemented when the unpaved parking lot achieves the compliance determinations described in Section 302.6(a) of this rule. 

### (3) If 

### trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean-up immediately such trackout frompaved areas accessibleto the public including curbs, gutters, and sidewalkswhen trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout. (4) Parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units shallbe maintained with one ormore of the following dustproof paving methods: (a) Asphaltic concrete. (b) Cement concrete.(c) Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate. (d) A stabilization method approved in writing by the Control Officer and the Administrator. 

### (5) Parking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential buildings with four or fewer units shall be maintained with a paving or stabilization method authorized by the county by code, ordinance, orpermit. 

### 302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved roadways (including alleys) that are used by 150vehicle trips or more per day in the PMlo nonattainment area shall be subject to the stabilization requirements described in Section 302.7(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures described in Section 302.7(b) of this rule and the additional requirements described in Section 302.7(c) of this rule.

a. Stabilization Requirements: The owner and/or operator of unpaved roadways (including alleys) shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and either Section 302.7(a)(l) or Section 302,7(a)(2) of this rule: (1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2;or (2) Shallnot allow the silt content to exceed 

### 6%. b. ControlMeasures: (1) Pave; (2) Apply dust suppressants other than water; or 

### (3) Uniformly apply and maintain surface gravel.

c. Additional Requirements: (1) If a person allows 150vehicle trips or more per day on an unpaved roadway (including an alley) in the PMlO nonattainment area, then such person shall first implement one of the control measures described in Section 302.7(b) of this rule. (2) A person, who allows 150vehicle trips or more per day on an unpaved roadway (including an alley) in the PMlo nonattainment area, shall be responsible for conducting vehicle countsltrafficcounts to determineif 150 vehicle trips or more per day occur on an unpaved roadway (including an alley). A traffic count shall measure vehicular traffic over a 48-hour period, which may consist of two non-consecutive 24-hour periods. Vehicular traffic shall be measured continuously during each 24-hour period. The average vehicle countsltraffic counts on the highest trafficked days shall be recorded and provided to the Control Officer in writing within 60 days of verbal or written request by the Control Officer. (3) Control measure(s) shall be considered effectively implemented under the following conditions: (a) When the unpaved roadway (including an alley) achievesthe compliance determinations described in Section 302.7(a) of this rule. 

### (b) When one of the control measures described in Section 302.7(b) of this rule is implemented on 5 miles of unpaved roadways (including alleys) having vehicle traffic of 150 vehicle trips or more per day within one calendar year beginning in calendar year of 2008. If the control measure described in Section 302.7(b)(2) of this rule is implemented, the unpaved roadways (including alleys) must be maintained so as to comply with Appendix C of these rules. 302.8 

### Livestock Activities:The owner and/or operator of a non-traditional source of fugitive dust that involves livestock activities shallbe subject to the visible emissions requirements described in Section 302.8(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.8(b) of this rule and the additional requirements described in Section 302.8(c) of this rule.

a. 

### Visible Emissions Requirements: 

### (1) For unpaved access connections and unpaved feed lane access areas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity. (2) For corrals, pens, and arenas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity for a period aggregating more than three minutes in any 60-minute period. (3) The owner and/or operator shall not cause, suffer,or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.b. Control Measures: 

### (1) For unpaved access connections: (a) Apply and maintain dust suppressants other than water; or (b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or asphaltic roadbase. 

### (2) For unpaved feed lane access areas: (a) Apply and maintain dust suppressants otherthan water; or (b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or asphaltic roadbase. 

### (3) For bulk material hauling, including animal waste, off-site and crossing and/or accessing a paved area accessible to the public: (a) Load all vehicles used to haul bulk material, including animal waste, such that the freeboard isnot less than three inches; (b) Prevent spillage or loss of bulk material, including animal waste, from holes or other openings in the cargo compartment's floor, sides, and/or tailgate(s); (c) Cover cargo compartment with a tarp or other suitableclosure; and (d) Install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site. 

### (4) For corrals, pens, and arenas: (a) Apply water; (b) Install shrubs and/or trees within 

### 50 feet to 100feet of corrals, pens, and arenas; (c) Scrape and/orremove manure; (d) Apply a fibrous layer (i.e., wood chips) in working areas; or

### (e) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator.



### c. 

### Additional Requirements: (1) The owner and/or operator of livestock activities shall implement one of the control measures described in Section 302.8(b)(l), Section 302.8(b)(2), Section 302.8(b)(3), and Section 302.8(b)(4) of this rule, as applicable. (2) Control measure(s) shall be considered effectively implemented when the livestock activities achievethe compliance determinations described in Section 302.8(a) of this rule. (3) If trackout occurs, the owner and/or operator shallrepair and/or replace the control measure(s) and shall clean-up immediately such trackout from paved areas accessible to the public including curbs, gutters, and sidewalks when trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout. 302.9 

### Erosion-CausedDepositionofBulk Materials Onto Paved Surfaces: The owner and/or operator of a non-traditional source of fugitive dust that involves erosion-caused deposition of bulk materials onto paved surfaces shall comply with the control measures described in Section 302.9(a) of this rule and the additional requirements described in Section 302.9(b) of this rule.



### a. Control Measures: (1) Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits' identification or prior to theresumption of traffic on pavement, where the pavement area has been closed to traffic; and (2) Dispose of deposits in such a manner so asnot to cause another source of fugitive dust. 

### b. Additional Requirements: (1) In the event that erosion-caused deposition of bulk materials or other materials occurs on any adjacent paved roadway, paved parking lot, curb, gutter, or sidewalk, the owner and/or operator of the property from which the deposition eroded shall implement both of the control measures described in Section 302.9(a) of this rule.(2) Failure to comply with both of the control measures described in Section 302.9(a) of this rule shall constitute a violation of this rule. 302.10 

### Easements, Rights-of-way, and Access Roads for Utilities (TransmissionofElectricity, Natural Gas, Oil, Water, and Gas):The owner andoroperator of a non-traditional source of fugitive dust that involves easements, rights-of-way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas)that are used by 150vehicle trips or more per day in the PMlo nonattainment area shall be subject to the stabilization requirements described in Section 302.10(a) of this rule and unless otherwise specified andorrequired, comply with one of the control measures described in Section 302.10(b) of this rule and the additional requirements described in Section 302.10(c) of this rule.



### a. Stabilization Requirements:The owner andoroperator of a nontraditional source of fugitive dust that involves easements,rights-ofway, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and either Section 302.10(a)(l) or Section 302.10(a)(2) of this rule: (1) Shall not allow silt loading equal to or greater than 0.33 ozlft2; or (2) Shall not allow the silt content to exceed 

### 6%. b. Control Measures: (1) Pave; (2) Apply dust suppressants otherthan water; (3) Uniformly apply and maintain surface gravel; or 

### (4) Install locked gates at each entry point.



### c. Additional Requirements: (1) If an owner andoroperator allows 150vehicle trips or more per day to use an easement,right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) in the PMlononattainment area, then such owner andor operator shall first implement one of the control measures described in Section 302.10(b) of this rule.

### (2) A person, who allows 150 vehicle trips or more per day to use an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) in the PMlo nonattainment area, shallbe responsible for conducting vehicle countsltraffic counts to determine if 150 vehicle trips or more per day occur on an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas). Such person shall provide to the Control Officer written results of such vehicle countsltraffic counts within 60 days of verbal or written request by the Control Officer. (3) Control measure(s) shallbe considered effectively implemented when the easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) achieves the compliance determinations described in Section 302.10(a) of this rule. 

### SECTION400 

### -ADMINISTRATIVEREQUIREMENTS (NOTAPPLICABLE) SECTION 500

### -MONITORINGAND RECORDS 501 

### COMPLLANCE DETERMINATION: To determine compliance with this rule, the following test methods shallbe followed: 501.1 

### Opacity Observations:

a. Opacity observations to measure visible emissions shall be conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual Determination of Opacity of Emissions from Stationary Sources for Time-Exception Regulations). Emissions shall not exceed the applicable opacity standards of this rule for a period aggregating more than three minutes in any 60-minute period. 

### b. Opacity observations to determine compliance with Sections 302.6, 302.7, 302.8(a)(l), 302.8(a)(2), and 302.10 of this rule shall be conducted in accordance with the techniques specified in Appendix C (Fugitive Dust Test Methods) of these rules. 501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways (including alleys) shall be conducted in accordancewith Appendix C, Section 2.1-Test Methods for Stabilization-for Unpaved Roads and Unpaved Parking Lots of these rules. 501.3 Stabilization observations for an open area and vacant lot shallbe conducted in accordance with the following:

### a. Appendix 

### C, Section 2.3-Test Methods for Stabilization- Soil Crust Determination-The Drop Ball Test of these rules; or 

### b. Appendix C, Section 2.4-Test Methods for Stabilization-Determination of Threshold Friction Velocity (TFV)-SievingField Procedure of these rules, where the threshold friction velocity (TFV) for disturbed surface areas corrected for non-erodible elements is 100cmlsecond or higher; or



### c. Appendix C, Section 2.5-Test Methods for Stabilization-Determination of Flat Vegetative Cover of these rules, where flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) is equal to at least 50%; or 

### d. Appendix C, Section 2.6-Test Methods for Stabilization-Determination of Standing Vegetative Cover of these rules, where standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) is equal to or greater than 30%; or



### e. Appendix C, Section 2.6-Test Methods for Stabilization-Determination of Standing Vegetative Cover of these rules, where the standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) is equal to or greater than 10% and where the threshold friction velocity, corrected for non-erodible elements, is equal to or greaterthan 43 cmlsecond; or 

### f. Appendix C, Section 2.7-Test Methods for Stabilization-Rock Test Method of these rules where a percent cover is equal to or greater than 10%for non-erodible elements.



### g. An alternative test method approved in writing by the Control Officer and the Administrator



### . 502 

### RECORDKEEPING: Any person subject to the requirements of this rule shall compile and retain records that provide evidence of control measure application (i.e.,receipts and/orpurchase records). Such person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. Upon verbal or written request by the Control Officer, such person shall provide the records and supporting documentation as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, such person shall provide the records without delay. 503 

### RECORDS RETENTION:Copies of the records required by Section 502- Recordkeeping of this rule shall be retained for at least two years.

# COUVTYOFWCOPA State ofArizona 

# Office of

# the Clerk

Board ofSupervisors



### State of Arizona )ss. 

### County of Maricopa )

I, Lori Pacini, 

### Deputy 

### Clerk of the Board ofSupervisors, do hereby certi& that the following is a 

### true and correct statement of the agenda item and the action taken by

theBoard ofSupervisors 

### at their meeting held onMarch 12,2008: PUBLIC HEARING 

### - AIR POLLUTION CONTROL REGULATION RULE 314 

## - OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS Pursuant to A.R.S. $49-479(b), Chairman Kunasek convened the scheduled public hearing to solicit comments on the proposed revisions to the following Maricopa County Air Pollution Control Regulation: Rule 314, Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments, and to solicit comments on submitting the rule as a revision to the (Arizona) State Implementation Plan (SIP). Motion was made by Supervisor Stapley, seconded by Supervisor Brock, and unanimously carried (5-0) to adopt proposed revisions to Maricopa County Air Pollution Control Regulations, Rule 314 and to submit the revised rule as a revision to the (Arizona) State Implementation Plan (SIP). (Proposed Rule 314 on file in the Office of the Clerk of the Board) (C8508019700) (ADM2354)

Air Qualit?; File: 

### IN WITNESS WHEREOF, 

### I have hereunto set my hand and aifixed the Oficiul Seal of the Cuunfy of Maricopa. Done ut Phoenix, [he Cou_nty Seat. 

### Kn March 31, 2008. 

# jq$,Lp),&,m

Deputy C erk ofthe Board ofSupervisors

### REGULATION I11 

## - CONTROL OFAIR CONTAMINANTS RULE 314 OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONALESTABLISHMENTS INDEX SECTION 100

## - GENERAL 101 PURPOSE 102 APPLICABILITY



### SECTION200

## - DEFINITIONS 201 AIR CURTAIN DESTRUCTOR 202 AREA A 203 DANGEROUS MATERIAL 204 DITCHBANK 205 EMISSION REDUCTIONTECHNIQUES (ERTs) 206 FENCEROW 207 FIREBOX 208 FLUE 209 OPEN OUTDOOR 

### FIRE OR OPEN BURNING 210 ORCHARD HEATERS 21 1 PROHIBITED MATERIALS 212 PUBLIC OFFICER 213 RESTRICTED-BURN PERIOD 214 WOOD BURNING CHIMINEAS


### SECTION300

## - STANDARDS 301 PROHIBITION - 

### OPEN OUTDOORFIRES 302 OPEN OUTDOOR FIRES REQLIREDTO OBTAIN A BURN PERMIT 303 OPEN OUTDOOR FIRES NOT REQUlRED TO OBTAIN A BURN PERMIT 304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR 305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED PER SECTIONS 302,303 AND 304 306 PROHIBITION - 

### BURNING IN 

### INDOOR FIREPLACES

### SECTION 400 

## - ADMINISTRATIVE REQUIREMENTSFOR 

### BLJRN PERMITS AND 

### BURN PLANS 401 

### FEES REQUIRED 402 

### BLRN PERMITAPPLICATION 403 

### BURN PERMIT CONDITIONS 404 

### BURN PERMITDENIAL 405 

### BURN PERMIT TERMS 406 

### BURN PLAN APPLICATIONAND CONDITIONS


### SECTION500

# - MONITORING AND RECORDS 501 

### RECORDKEEPING AND REPORTING 502 

### RECORDS RETENTION 503 

### PROGRAM REVIEW


### APPENDIX TO RULE 314 AIR CURTAINDESTRUCTOR AND 

### FIREBOX PROCEDURES

### Revised 07/13/88 Revised 12/19/01 Revised 04/20/05 Revised 03/12/08

MARICOPA COUNTY AIR POLLUTION CONTROLREGULATIONS REGULATION I11

# - CONTROL OF AIR CONTAMINANTS RLLE 314 OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONALESTABLISHNIENTS SECTION 100

## - GENERAL 101 PURPOSE: To limit the emissionsof air contaminantsproduced from open burning and from indoor fireplaces at commercial and institutional establishments. 

### 102 APPLICABILITY: Rule 

### 3 14is applicableto any open outdoor fire and burning in indoor fireplaces at commercial and institutional establishmentsthat is conductedwithin Maricopa County. 

### SECTION 200

# - DEFINITIONS: See Rule 100 (GeneralProvisions and Definitions) of these rules for definitionsof terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 

### 201 AIR CURTAIN DESTRUCTOR

# - A device designedto form a curtain of air over a firebox in which burning occursthat aids in more complete combustion through increasesin turbulence and combustion time. Above ground air curtain destructorsare the only type of air curtain destructorthat are allowed in Maricopa County. 

### 202 AREA A

# - As defined in ArizonaRevised Statutes (A.R.S.) 

## 5 49-541(1),the area in Maricopa County delineated as follows: Township 8

### North, Range 2 East and Range 

### 3East Township7 North, Range 2 West through Range 5 East Township 

### 6North, Range 5 West through Range 

### 6East Township 5 North, Range 5West through Range 7 East Township4 North, Range 5West through Range 8

### East Township 

### 3North, Range 5West through Range 8

### East Township 2 North, Range 5West through Range 8

### East Township 1North, Range 

### 5West through Range 7 East Township 1South, Range 5West through Range 7 EastTownship 2 South, Range 

### 5 West through Range 

### 7 East Township 

### 3 South, Range 

### 5 West through Range 1East Township 4 South, Range 5 West through Range 1East 

### DANGEROUSMATERIAL

# - Any substance or combination of substancesthat is capable of causing bodily harm or property loss unless neutralized, consumed, or otherwise disposed of in a controlled and safe manner. 

### DITCHBANK

# - A lateral area not to exceed two and onehalf feet on either side of a ditch. 

### ENIISSIONREDUCTION TECHNIQUES (ERTs)

# - Methods for controlling emissions from outdoor fires to minimize the amount of emissions output per unit of area burned. Types of ERTs include minimizing the material to be burned, preventing fire from spreading by lining the area and applyingfire retardant foam or water, allowingthe material to dry before burning, extinguishing the smoldering bums, burning in piles, and burning in the opposite direction of the wind. 

### FENCE ROW

# - A lateral area not to exceed two and one half feet on either side of the centerline of a fence. 

### FIREBOX

## -The chamber or compartment inside of an air curtain destructor wherein materials are burned. 

### FLUE

# - Any duct or passage for air or combustion gases, such as a stack or chimney. 

### OPEN OUTDOOR FIRE OR OPENBURNING

# - Any combustion of any type of material outdoors, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential and prescribed burning. Purposes for fires can include prevention of a fire hazard, instruction in the methods of fighting fires, watershed rehabilitation, disease and pest prevention. 

### ORCHARD HEATERS

# - A device which helps prevent frost damage to fruit trees by heating.

### An orchard heater consists of apipeline heater system operated from a central control from which fuel is distributedby a piping system from a centrally located tank. 

### PROHIBITED MATERIALS

## - Non-paper garbage from the processing, storage, service or consumption of food; books, magazines, fiberboard, packaging, rags, fabrics, office records, chemically treated or soaked wood; leadpainted wood; linoleum flooring, and composite counter tops; tires; animal wastes and carcasses, coal, liquid or gelatinous hydrocarbons tar, explosives or ammunition; oleanders, leaves, grass clippings, refuse; asphalt shingles or asphalt; tar paper; plastic and rubber products, including bottles for household chemicals;plastic grocery and retail bags; waste petroleum products, such as waste crankcase oil, transmission oil, and oil filters; transformer oils; asbestos; batteries; antifreeze; aerosol spray cans; electrical wire insulation;thermal insulation; polyester products; hazardous waste products such as paints, pesticides, cleaners and solvents, stains and varnishes, and other flammable liquids;plastic pesticide bags and containers; and hazardous material containers including those that contained lead, cadmium, mercury and arsenic compounds. 

### 212 

### PUBLIC OFFICER

# - Any elected or appointed officer of a public agency establishedby charter, ordinance, resolution, state constitution or statute, but excluding members of the legislature. 

### 213 

### RESTRICTED-BURN PERIOD

# - A condition declared by the Control Officer whenever meteorological conditions are conducive to an accumulation of carbon monoxide (CO), ozone, andfor particulate matter in exceedance of the standards

: or when airquality reaches other limits establishedby the Control Officer or when there is increased fire danger. 

### 214 

### WOOD BURNING CHIMINEAS

# - Chimineas are burning devices made from clay, aluminum, and steel and are used for warmth and aesthetics outside in yards and patios. Chimineas are designed to bum solid fuels. 

### SECTION300

# - STANJlARDS 301 

### PROHIBITION

# - OPEN OUTDOORFIRES: It shall be unlawful for any person to ignite, cause orpermit tobe ignited, allow, maintain any open outdoor fire within the limits of Maricopa County, except asprovided in Sections 302, 303, 304,305 and in the Appendix of this rule. 

### 302 

### OPEN OUTDOORFIRES REQUIRED TO OBTAIN A BURN PERMIT: Thetypes of fires described in Subsections 302.1 and 302.2 of this rule require a bum permit that is obtained from the Control Officer prior to initiating the bum. Even afterthe Control Officer issues the bum permit, the person conducting the fire shall call both the fire department and the Control Officer to obtain permission to bum for each day. The Control Officer shall base his decision to approve or deny permission to bum on National Weather Serviceforecasts or other meteorological analyses that are indicative of a Restricted-Bum Period. See Section 402 of this rule for additional requirements regarding bum permits. 

### 302.1 Fires Prohibited During Restricted- Bum Periods in Maricopa County, But Allowed From May 

### 1thru September 30Each Year in Area A:



### a. Open outdoor fires that are declared necessary by the County Agricultural Agent, when such fires have been determined as essential for the purposes of disease andorpest prevention andcertified by actual investigationsby the County Agricultural Agent



### . 

### b. Open outdoor fires for the control of weeds for the.prevention of fire hazards, when such fires are declared necessary by apublic officer in the performance of his official duties.

c. Open outdoor fires for fire fighting training and fire fighting training areas and structures. See Section 303.2 b of this rule for an exemption to this requirement. 

### d. Open outdoor fires for the burning of agricultural ditchbanks and fence rows where other reasonable mechanical, chemical, or other methods of removal are not available.In addition: 

### (1) A high temperature mechanical burner must be used to bum ditchbanks, canal laterals, and/or fence rows. 

### (2) Burning ditchbanks and/or fence rows is not allowed during arestricted-bum period from October 1through February 29, unless such fires are required in the performance of an official duty of any public office, or such fires are necessary to thwart or prevent a hazard that cannotbe properly managedby any other means, or are necessary for the protection ofpublic health. (3) An on-site inspectionby the Control Officer must be conductedto verify that only vegetative materials will be burned. (4) After an initial on-site inspection by the Control Officer has been completed, a Bum Permit may be issued for the same location(s)without having to conduct additional initial onsite inspections. However, periodic, unscheduled, on-site inspectionsmay be conductedby the Control Officer on days when such burning has been authorizedby the Bum Permit



### .

e. Open outdoor fires declared necessaryby the Federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or subdivisions for the purpose of watershed rehabilitation or control through vegetative manipulation. 302.2 Fires Prohibited During Restricted-Bum Periods in Maricopa County and Also Prohibited From May 1to September 30 Each Year in Area A:a. 

### Open outdoor fires for the destructionof tumbleweedsfor the prevention of fire hazards in cases where other reasonable methods are not available. (1) Tumbleweedsmust be cut, piled, and dried before burning. (2) A high temperaturemechanical bumer may be used to bum un-dried tumbleweeds in situationswhere it is not feasible to allow natural drying. (3) A high temperaturemechanical bumer must be used to bum tumbleweeds growing along canal laterals and fence rows. 

### b. Open outdoor fires for the buming of indigenous scrub vegetation cleared forthe purpose of agricultural operations in non-urban areas of low population where other reasonable methods are not available. (1) The Control Officer shall issue such Bum Permit only once per geographical location. (2) An on-site inspection must be conductedto determine removal of all other materials (e.g. wood, rubber, tires, dirt and metal) before the issuance of the Bum Permit. 303 

### OPEN OUTDOORFIRES NOT REQUIRED TO OBTAIN A BLJRN PERMIT: Theperson conducting any type of fire listed in Section 303 of this rule doesnot need to obtain a bum permit. However, the person conducting the firemay be required to contact the Control Officer forpermission to bum prior to igniting the fire when specifiedbelow in Subsections 303.1through 303.3. 303.1 Fires Allowed At Any Time of The Year in Maricopa County or Area A:

a. 

### Cooking for immediatehuman consumption. 

### b. Orchardheaters for frost protection in farming or nursery operations.

c. 

### Proper disposal of flags under 4 

### United States Code 8. 

### d. The display of fireworksfor recreational purposes or pyrotechnics for musical or cinematic/theatricalfunctions.

### 303.2 Fires Prohibited During Restricted- Bum Periods in Maricopa County: The person conducting any type of fire listed in Subsection 303.2 of this rule shall first call the County Air Quality Updates Hotline to hear the recorded message or check local governmentweb sites to determine whether aRestricted-Burn Period has been declared each day. If that is the case, then open outdoor burning is prohibited.

a. Fire extinguisher training. This exemption from needing a bum permit applies only when the trainingis limited to using a small amount of flammable liquid and a small container (i.e. a wastepaper basket or a flat pan). 

### b. Fire fighting training, training areas and training structures are exempt from needing a permit if the sole source of flame is a burner fueled by either liquefied petroleum gas or natural gas, with a British Thermal Unit (BTU) input per hour rating of less than 2,000,000BTUs.

c. Testing potentially explosive-containing, flammable, or combustible products (e.g., automotive airbags, rocket motors, gas generators, and vehicular assemblies) in accordance with Department of Transportation (DOT)or Department of Defense guidelines. This exemption from needing abum permit refers to testing of hazard classification, packaging performance, propagation, andlor mass fire,but only when testing area is controlled,is relatively small, and when testing is not considered to be nor is associated with the disposal of dangerous material. 

### d. Testing potentially explosive-containing products for commercial, military, and law enforcement uses. This exemption from needing abum permit applies only when the testing is controlled, relatively small and not considered to be nor is associatedwith the disposal of dangerous material.

e. Disposal of dangerous material must be conducted in compliance with the Arizona Department of Environmental Quality's (ADEQ's)regulations. 

### 303.3 Fires Prohibited During Restricted-Bum Periods in Maricopa County and Also Prohibited From May 1Through September 30 Each Year in Area A: The person conducting any type of fire listed in Subsection 303.3 of this rule shall first call the County Air Quality Updates Hotline to hear the recorded message or check local governmentweb sites to determine whether a restricted-bum period has been declared. If that is the case, then open outdoor burning is prohibited.

### a. Warmth for human beings. b. 

### Recreational purposes.

c. 

### Wood Burning Chimineas and outdoor pits. d. Branding of Animals. 

### 304 

### OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR: Prior to conducting an open outdoor fire in an air curtain destructor shall obtain a Title V permit form ADEQ and a site specific Bum Plan approved by the Control Officer. Seethe Appendixto Rule 314 for further requirements forthe use of air curtain destructors. See Section 406 of this rule for Bum Plan Applications and Conditions. 

### 305 

### ADDITIONALREQUIREMENTS FOR OPEN OUTDOORFIRES ALLOWEDPER SECTIONS302,303, and 

### 304: 305.1 Prohibited materials cannot be burned in open outdoor fires except as provided in Subsections 303.2(a), 303.2(b), 303.2(c), 303.2(d) and 303.2(e). 

### 305.2 Open outdoor fires cannotbe conducted before the hours of 10 a.m. and after 5p.m. from October 1 to March 3 1and before the hour of 6 a.m. and after 6 p.m. from April 1 to September 30 except as provided in Subsections 302.l(c), 303.2(b), and 303.3. 

### 305.3 Open outdoor fires cannotbe conducted during any weekends or holidays except as provided in subsections 302.1 (c), 303.1,303.2(b), and 303.3. 

### 305.4 Fire extinguishing equipment shall be available at all times during open outdoor fires. 

### 305.5 An attendant shallbe present at all times during open outdoor fires for the duration of the bum. 

### 305.6 Open outdoor fires shall never be initiated with items that cause the production ofblack smoke. 

### 305.7 An air curtain destructor must be used for the burning of certain vegetative materials greaterthan 6 inches in diameter and an on-site inspection must be conducted before burning. 

### 306 

### PROHIBITION

# - BURNING IN INDOOR FIREPLACES:Burning in indoor fireplaces that use any fuels other than gaseous fuels, including gas logs, at commercial and institutional establishments is prohibited during Restricted-BurnPeriods in Maricopa County. The owner or operator of a commercial or institutional fireplace shall first call the County Air Quality Updates Hotline to hear the recorded message or check local government web sites to determine whether a Restricted-Bum Period has been declared. If that is the case, then burningis prohibited except if using gaseous fuels. 

### SECTION 400

# - ADMINISTRATIVE REQUIREMENTS FOR BURN 

### PERMITS AND BLIRN PLANS 401 

### FEES REQUIRED:A fee shall be charged for a Bum Permit or the approval of each site specific Air Curtain Destructor Bum Plan as set forth in Rule 

### 280 (Fees) of these rules. 

### 402 

### BURN

### PERMIT APPLICATION: A person shall file with the Control Officer, on a form prescribed by the Control Officer, a Bum Permit application and the complete application fee as describedin Rule 

### 280 (Fees) of these rules. The Control Officer shall act on a Bum Permit application and shall notify the applicant within 

### 14 calendar days of the filing of the completed application. 

### 402.1 A separate Bum Permit applicationis required for each bum site location not contiguous to the location on the original Bum Permit application. 

### 402.2 The Control Officer shall conduct an on-site inspection before issuing the Bum Permit. 

### 402.3

,The issuance of a Bum Permit does not relieve the permittee from any of the requirements of a fire department having jurisdiction, including but not limited to having the Bum Permit validated by such fire department. 

### 402.4 Permission given by a Public Officer for setting any fire given by a public officerin the performanceof official duty under Sections 

### 300 through 

### 304 of this rule shall be given in writing and a copy of the written permission shall be transmitted immediatelyto the Control Officer. The setting of any such fire shall be conducted in a manner and at such times as approvedby the Control Officer, unless doing sowould defeat the purpose of this exemption. 

### 402.5 If a person has obtained aTitle V Permit, a Non-Title V Permit, or a General Permit under Regulation 

### II (Permits and Fees) of these rules that includes condition(s)regarding open outdoor fires,then such person shall not be required to obtain a separateBum Permit from the Control Officer. An owner or operator of an air curtain destructor that has obtained a Title V permit from the ADEQ shall submit a bum plan for each bum site location to the Control Officer as described in the Appendix to Rule 

### 314.

### 403 

### BURN PERMIT CONDITIONS:The Control Officermay impose any permit conditions that are necessary to ensure compliance with Federal laws, State laws, or these rules. Bum Permit condition(s)may include,but are not limited to, burning hours, notification of intent to bum, and Bum Permit posting. 

### 404 

### BURN PERMIT DENIAL: The Control Officer shall deny a Bum Permit applicationif the material or operationsdo not meet the criteria describedin this rule. 

### 405 

### BURN PERMIT TERMS: ABum Permit shall be issuedfor the following terms: • 

### DiseaseIPestPrevention: 30 days from date of issuance
• 

### Fire Hazard: 30 days from date of issuance
• 

### Tumbleweeds: 30 days from date of issuance

• 

### DitchbankIFenceRow: 1

### year from date of issuance

a 

### Fire Fighting Training/Structures: 1

### year from date of issuance 

### 406 

### BURN PLAN APPLICATION AND CONDITIONS: In order to use an air curtain destructor, a person shall file with the Control Officer, on a form prescribedby the Control Officer, a Bum Plan application and the complete application fee as described in Rule 280 (Fees) of these rules.The Control Officer shall act on a Bum Plan application and shall notify the applicantwithin 14 

### calendar days of the filing of the completed application. 

### 406.1 A separate, site-specific Bum Plan applicationis required for each bum site location not contiguousto the location. 

### 406.2 A Bum Plan Application shallbe site-specific and shall list the following, at a minimum:



### a. Notification of intentto bum; b. 

### The anticipated dates and hours of the bum;

c. 

### The type' and quantity of fuel that will be used; 

### d. The type of material burned;

e. 

### The legal location,to the nearest township, range and section or latitude and longitude, to the nearest degree minute, street address, or parcel number; 

### f. The Bum Plan posting; and

g. The listing of the air curtain destructor's requirements as outlined in SectionA of the Appendix to this rule.

### 406.3 The Control Officer shall conduct an on-site inspection before approving the Bum Plan Application. 

### 406.4 The issuance of a Bum Plan does not relieve the permittee from any of the requirements of a fire department having jurisdiction, including but not limited to having the Bum Plan validated by such fire department. 

### 406.5 The Control Officer may impose any conditions that are necessary to ensure compliance with Federal laws, State laws, or these rules. 

### 406.6 The Control Officer shall deny 

### a Bum Plan application if the material or operations do not meet the criteria described in this rule. 

### SECTION500

# - MONITORINGAND 

### RECORDS 501 

### RECORDKEEPINGAND 

### REPORTING: 501.1 The following information shall be provided to the Control Officer for each time that open burning occurs for persons and operations subject to Sections 302,304 and Subsections 303.2 (c), (d) and (e). This information shall be provided on a daily basis either by writing, fax, or electronically and shall include: The date of the bum; and The type and quantity of fuel burned for each date open outdoor burning occurs; and The fire type such as a pile or windrow for each date that open outdoor burning occurs; and The legal location, to the nearest township, range and section, or latitude and longitude, to the nearest degree minute, street address, or parcel number. 

### 502 

### RECORDS RETENTION: 502.1 Maricopa County shall retain permits issued for open burning available for inspection by the ADEQ for five years. 

### 502.2 For each permit issued, Maricopa County shall have a means of contacting the person authorized by the permit to set an open fire, if an order to extinguish open burning is issued by either the County or ADEQ. Therefore the permit application must contain the name of a contact person and shall list a means of contacting that person. 

### 503 

### PROGRAM REVIEW:

### 503.1 Maricopa County shall hold or attend apublic meeting annually for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. 

### 503.2 Maricopa County shall annually submit to the ADEQ arecord of daily burn activityby May 15

### of each calendar year.

### APPENDIX TO RULE 314 AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES A. Air Curtain Destructor Requirements: The following must be complied with prior to approval of an air curtain destructorby the Control Officer: 

### 1. The length of the firebox must not exceed the length of the plenum. 

### 2. The firebox shallbe lined with refractory materials. 

### 3. The depth of the firebox shallbe of such a distance to allow all burning material to be below the curtain of air created by the air curtain destructor. 

### 4. The width of the firebox shall not extend beyond the length of the nozzle action. 5. The firebox must have 4 stable, vertical sides. 

### 6. When air curtain destructor locations are changed, an inspection of the newly located air curtain destructor must be made by the Control Officer prior to burning. 

### B. EquipmentSet-Up: 1. An owner or operatorof an air curtain destructor shall use a firebox and not a pit or trench to conduct open outdoor burning. 

### 2. The equipment must be positioned so as to allow the blower's airflow to strike at a downward angle no less than 24 inches below the opposite rim of the firebox. 

### 3. There shall be at least 1,000 feet between any two air curtain destructors. 

### 4. An air curtain destructor shall be located at least 500 feet from any residence or building structure. 5. An air curtain destructor shall be located at least 500 feet from any pipeline or fuel storage area. 

### 6. An air curtain destructor shallbe located at least 250 feet from any power lines. 

### 7. Material that is not being worked or is being stockpiledto be burned at a later date by using an air curtain destructor shall be kept at least 

### 75 feet fromthe air curtain destructor while the bum is taking place.

### C. Operation of Blower: 1. The proper blower speed must be maintained accordingto manufacturer's specifications. 

### 2. The blower must be operating when and as long as any material in the firebox is burning. 

### D. Loading of the Firebox: 

### 1. When loading (feeding) the firebox, the material must not extend above the air curtain (blower airflow). 

### 2. The loading of materialsinto the firebox must be discontinued at a minimum of 2 hours prior to the end of the designated burning hours. The blower must continue to operate until the end of the burning hours or until combustion is completed. 

### 3. Adequate measures must be taken to assure that no emissions emanate from materials left in the firebox (i.e. when combustion is completed). All materials left in the firebox must be extinguished with water or covered over with a minimum of 1foot of mineral soil. 

### E. Firebox Clean-Out:All materialsremoved from the firebox must be completely extinguished and all reasonable precautionstaken to control emissions. 

### F. BurningHours for Air Curtain Destructors: The following burning hours apply: April - September 

### 6 a.m. - 

### 6 p.m. October - March 10a.m. - 

### 5p.m. While complying with the above schedule,the permittee must also obtain permission from the Control Officer on each day of burning. Burning using an air curtain destructor is not authorizedon weekends nor on holidays. Prohibited materials shall never be burned in an air curtain destructor.