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 Steckel
Maricopa County Environmental Services Department 

Submitted Rule 

• MCESD Rule 314, Open Outdoor Fires (revised 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 submitted on December 30, 2004. While we can act 

only on the most recent version, we have considered the contents of the superseded version.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) requires states to submit regulations that 

control volatile organic compounds, nitrogen oxides, particulate matter, and other air pollutants 

which harm human health and the environment. These rules were developed as part of local air 

districts’ programs to control these pollutants. 

The purposes of the revisions of MCESD Rule 314 relative to the SIP rule are as follows: 

• (314.200): The rule revises various definitions 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 greater than 6 inches diameter and (b) not operate 

closer than 500 feet from the nearest dwelling.

• (314.402.3 and 314.402.4): The rule adds the requirements 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 (see 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 significant sources best available control measures 

(BACM), including best available control technology (BACT) (see section 189(b)). MCESD 

regulates a serious PM-10 nonattainment area (see 40 CFR part 81), 

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

• Requirements for Preparation, Adoption, and Submittal of Implementation Plans, U.S. 

EPA, 40 CFR part 51. 

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

MCESD Rule 314 improves the SIP with the revisions, 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 CAA 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 (amended 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)