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

Pinal County Air Quality Control District’s

Rule 3-8-700, General Provisions

Rule 3-8-710, Permit Provisions and Administration

January 30, 2006

Prepared by Al Petersen

Approved by Andrew Steckel
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Pinal County Air Quality Control District (PCAQCD)

Submitted Rules

 Rule 3-8-700, General Provisions (adopted effective on June 29, 1993, amended on 

October 27, 2004, submitted on December 30, 2004, submittal determined complete by 

operation of law on June 30, 2005).

 Rule 3-8-710, Permit Provisions and Administration (adopted effective on June 29, 1993, 

amended on October 27, 2004, submitted on December 30, 2004, submittal determined 

complete by operation of law on June 30, 2005).

There are no other submitted versions of Rules 3-8-700 and 3-8-710 on which EPA has not 

acted.

Applicable SIP Rules

 Rule 3-8-700, General Provisions (approved on April 28, 2004, 69 FR 23103).

 Rule 3-8-710, Permit Provisions and Administration (approved on April 28, 2004, 69 FR 

23103).

 

Purposes of Rule Amendments

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

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

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

district=s programs to control these pollutants. 

The purposes of the PCAQCD Rule 3-8-700 amendments relative to the SIP rule are as follows:

 700.A.4: The rule transfers exemption provisions from section 710.E and adds an 

exemption for ceremonial destruction of flags.

 700.B: The rule adds 12 definitions for improved clarity.

 700.C.1.c,d: The rule adds limitations on the amount to be burned in one month for 

small-scale residential permits to less than 10 cubic yards of uncompacted material and 

for large-scale residential permits to less than 20 cubic yards.

 700.C.2.b,c: The rule adds limitations on the amount to be burned in one month for 

small-scale commercial permits to less than 10 cubic yards of uncompacted material and 

for large-scale commercial permits to less than 20 cubic yards.

 700.C.2.d: The rule adds various requirements and restrictions for commercial landclearing permits of greater than 20 cubic yards. The rule also adds requirements for the 

use of air curtain destructors for land clearing. 

 700.C.7: The rule adds a restriction of 20 cubic yards for a bonfire permit at civic events.

 700.D.2: The rule transfers permit-term provisions from section 710.D and adds permitterm provisions for training exercises, commercial land clearing, and bonfires.

 700.D.3: The rule adds the requirement that permits may be suspended due to air 

stagnation advisory, air pollution emergency episode, excessive visibility impairment, or 

extreme fire danger.
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 700.D.4: The rule adds the requirement for an applicant to state the emission reduction 

techniques that will be used to minimize fire emissions.

 700.D.5: The rule adds permit conditions for burn times, for wind speed, to constantly 

attend the fire, to completely extinguish the fire, to start burning without black smoke, to 

to have fire extinguishing equipment on-site, to have a waste burner over 50 feet from any

structure, to notify the fire agency of commencement of burning, to prevent smoke 

dispersion into a populated area, to prevent visibility impairment, to not create a public 

nuisance, to not burn when Class I areas might be affected, to not cause uncontrollable 

spreading of the fire, to not burn during a stagnation advisory, and to not burn during an 

air pollution episode.

 700.E: The rule adds daily reporting requirements on burns.

 700.G.1: The rule adds a “no-burn” restriction whenever monitoring and forecasting 

indicates that the carbon monoxide ambient standard is likely to be exceeded.

 700.G.2: The rule adds a “no-burn” restriction by operation of law whenever Maricopa 

Environmental Services Department or Arizona Department of Environmental Quality 

declares a “no-burn” restriction in neighboring Maricopa County.

 700.H: The rule adds a provision that failure to obtain or comply with a permit is subject 

to civil or criminal penalties.

The purposes of the PCAQCD Rule 3-8-710 amendments relative to the SIP rule are as follows:

 710.C: The rule adds a prohibition against storing materials subject to spontaneous 

combustion.

 710.D. The rule transfers permit-term provisions from section 710.D to 700.D.2.

 710.E. The rule transfers exemption provisions from section 710.E to 700.A.4.

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 PM-10 nonattainment areas must require for major sources reasonably available 

control measures (RACM), including RACT in moderate PM-10 nonattainment areas (see 

section 189(a)) or must require for major sources best available control measures (BACM), 

including best available control technology (BACT) in serious PM-10 nonattainment areas (see 

section 189(b). PCAQCD regulates a serious PM-10 nonattainment area (see 40 CFR part 81), 

so combined PCAQCD Rules 3-8-700 and 3-8-710 must fulfill the requirements of 

BACM/BACT.

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

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

EPA, 40 CFR part 51.

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

We believe that the amended PCAQCD Rules 3-8-700 and 3-8-710 are enforceable, considerably 

more stringent than the SIP rule, and fulfill the requirements of BACM/BACT. We believe that 

the amended PCAQCD Rule 3-8-710 does not relax the SIP by transferring provisions to Rule 3-
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8-700. The rules should be given full approval.

EPA Recommendations to Further Improve Rule 3-8-700

The following recommendations do not affect the current approvability of the rule, but are made 

to improve the rule at the next revision:

 700.C.1.a: We recommend that leaves, lawn clippings, and tree trimmings burning be 

restricted to residences where no weekly waste collection and disposal service is 

available.

 700.G.1: We recommend that the “no-burn” restriction be activated by PM-10 likely 

exceeding ambient air quality standards in addition to or instead of carbon monoxide.

Recommendations

EPA recommends full approval of the following PCAQCD rules for incorporation into the 

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

 Rule 3-8-700, General Provisions (adopted on June 29, 1993, amended on October 27, 

2004, submitted on December 30, 2004).

 Rule 3-8-710, Permit Provisions and Administration (adopted on June 29, 1993, amended 

on October 27, 2004, submitted on December 30, 2004). 

Attachments

1. Submitted PCAQCD rules.

2. Applicable SIP PCAQCD rules.

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