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 Qualit y

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 Steckel2

Pinal County Air Qu ality Control District ( PCAQCD )

Submitted Rule s

 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 Rul e s 3

- 8

- 700 and 3

- 8

- 710 on which EPA has not acted. Applicable SIP Rule s

 Rule 3

- 8

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

 Rule 3

- 8

- 7 1 0, 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 . Th ese r ule s w ere developed as part of the local air district = s programs to control these pollutants. The purpose s of the PCAQ CD Rule 3

- 8

- 700 amendment s relative to the SIP rule are as follows:

 700.A.4: The rule t ransfer s exemption provisions from section 710.E and add s 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 y ards 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 m aterial 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 land

clearing 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 permit

term provisions for training exe rcises, 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.3

 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 are a, 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 epi sode.

 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 obtai n or comply with a permit is subject to civil or criminal penalties. The purpose s of the PCAQ CD Rule 3

- 8

- 7 1 0 amen d ments 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 ) a nd 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 nonattai n ment 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 nonattai n ment areas (see section 189(b ). PCAQ CD regulates a serious PM

- 10 non attainment area (see 40 CFR part 81) , so combined PCAQ CD Rule s 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 Implem entation Plans , U.S. EPA, 40 CFR part 51.

 PM

- 10 Guideline Document (EPA

- 452/R

- 93

- 008).

We believe t h at the amended PCAQ CD Rule s 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

-4

8

- 700

. The rule s should be given full approval.

EPA Recommendation s to Further Improve Rule 3

- 8

- 700 The following recommendation s do not affect t he 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 clip pi ngs, 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.

Recommendation s EPA recommends full approval of the following PCAQ CD rule s for incorporation into the California Applicable SIP, superseding the SIP

- approved rule s 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 Provision s and Administration (adopted on June 29, 1993, amended on October 27, 2004, submitted on December 30, 2004 ).

Attachments 1. Submitted PCAQ CD rules

. 2. Applicable SIP PCAQ CD rules. 3. PM

- 10 Guideline Document (EPA

- 452/R

- 93

- 008). (cover only)