United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document for

EPA’s Notice of Proposed Rulemaking for the

Arizona State Implementation Plan

as submitted by the Arizona Department of Environmental Quality

EPA’s Analysis of

Maricopa County Environmental Services Department’s

Rule 314, Open Outdoor Fires

February 22, 2007

Prepared by Al Petersen

Approved by Andrew SteckelMaricopa County Environmental Services Department

Submitted Rule

• MCESD Rule 314, Open Outdoor Fires (revi sed on April 20, 2005, submitted on June 8, 2006, submittal determined complete by operation of law on December 7, 2006).

EPA has not acted on a version of Rule 314 subm itted on December 30, 2004. While we can act only on the most recent version, we have consider ed the contents of the superseded version.

Applicable SIP Rule

$ MCESD Rule 314, Open Outdoor Fires (revised on December 19, 2001, approved on August 12, 2002, 67 FR 52416).

Purposes of Rule Revisions Section 110(a) of the Clean Air Act (CAA) re quires states to submit regulations that control volatile organic compounds, nitrogen oxides, particulate ma tter, and other air pollutants

which harm human health and the environment. Th ese rules were developed as part of local air districts’ programs to control these pollutants.

The purposes of the revisions of MCESD Rule 3 14 relative to the SIP rule are as follows:

• (314.200): The rule revises various defin itions in order to improve clarity.

• (314.302.6 and 314.302.7): The rule adds the requirements that an air curtain destructor (a) be used to burn vegetative material greate r than 6 inches diameter and (b) not operate

closer than 500 feet fr om the nearest dwelling.

• (314.402.3 and 314.402.4): The rule adds the requ irements that (a ) a permittee must comply with the regulations of the local fire agency and (b ) Maricopa County must obtain a permit for its own burning from ADEQ.

Rule Evaluation Generally, SIP rules must be enforceable (s ee section 110(a) of the CAA) and must not relax existing requirements (see sections 110( l) and 193). SIP rules in serious PM-10 nonattainment areas must require for significan t sources best available control measures (BACM), including best availabl e control technology (BACT) (see section 189(b)). MCESD regulates a serious PM-10 nonattain ment area (see 40 CFR part 81),

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

• Requirements for Preparation, Adoption, and Submittal of Implementation Plans , U.S. EPA, 40 CFR part 51.

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

MCESD Rule 314 improves the SIP with the revisi ons, is enforceable, and continues to fulfill BACM/BACT requirements. It is recommended for full approval.3

EPA Recommendation EPA recommends full approval under section 110(k)(3) of the C AA as amended in 1990 of the following MCESD rule for incorporation into the Arizona Applicable SIP, superseding the SIP

rule cited above:

• MCESD Rule 314, Open Outdoor Fires (a mended on April 20, 2005, submitted on June 8, 2006).

Attachments

1. Submitted MCESD Rule. 2. Applicable SIP MCESD Rule.

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