Vote — approved

Steve Gallardo	abstain
Jack Sellers	abstain
Bill Gates	abstain
Clint Hickman	abstain
and Steve Gallardo	yes
and Clint Hickman	yes
Steve Chucri	yes

65.AQ-2019-002-ORDINANCE P-26 (RESIDENTIAL WOODBURNING RESTRICTION)Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit comments and consider the adoption of the proposed revision of Maricopa County Air Pollution Control Regulations Ordinance P-26 (Residential Woodburning Restriction) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the ordin

Item Text

65. AQ-2019-002-ORDINANCE P-26 (RESIDENTIAL WOODBURNING RESTRICTION) Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit comments and consider the adoption of the proposed revision of Maricopa County Air Pollution Control Regulations Ordinance P-26 (Residential Woodburning Restriction) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the ordinance and to approve submission of the amended ordinance as a revision to the Arizona SIP. Upon Board approval, this item will become effective October 23, 2019. The Maricopa County Air Quality Department (MCAQD) is proposing to revise Ordinance P-26 (Residential Woodburning Restriction) and is proposing to submit the revised ordinance as a revision to the Arizona SIP. Ordinance P-26 was adopted in response to A.R.S. § 11-871, which required Maricopa County to adopt and implement a residential woodburning restriction when monitoring or forecasting indicates that the carbon monoxide or particulate matter standards are likely to be exceeded. The MCAQD is proposing to revise Ordinance P-2 6 for the following reasons: Clarify which fires at residential locations a re subject to Ordinance P–26; Exempt fires and appliances used for cooking from Ordinance P–26 (because A.R.S. § 49-501(B) specifies that open outdoor fires used for cooking s hall be allowed at any time); Clarify the ordinance by removing definitions of terms that a re not used in the ordinance; Rephrase the ordinance to clarify the requirements that are applicable during restricted burn periods and the requirements that are applicable at all times; Reference the air quality standards in Rule 510 (so that Ordinance P–26 does not have to be revised each t ime the EPA revises a NAAQS); Update the methods that the MCAQD will use to notify the public when a restricted burn period has been declared; Delete the provision which stated that only violations of the ordinance which occurred within one year of a present offense shall be considered as prior violations (because the statute that specifies the consequences for violating this ordinance does not include that provision); Update the names of low income assistance programs (that are used to determine when low income residents may qualify for a temporary exemption) and the name of the implementing agency; and Make other changes to ensure the revised ordinance can be approved into the Arizona State Implementation Plan. Permit fees are not changing due to this action. (C-85-20-003-M-00)

Attachments (1)

Vote — approved

Steve Gallardo	abstain
Jack Sellers	abstain
Bill Gates	abstain
Clint Hickman	yes
Steve Chucri	yes

9.AQ-2019-002-ORDINANCE P-26 (RESIDENTIAL WOODBURNING RESTRICTION)Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of the proposed revision of Maricopa County Air Pollution Control Regulations Ordinance P-26 (Residential Woodburning Restriction) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the ordinance 

Item Text

9. AQ-2019-002-ORDINANCE P-26 (RESIDENTIAL WOODBURNING RESTRICTION) Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of the proposed revision of Maricopa County Air Pollution Control Regulations Ordinance P-26 (Residential Woodburning Restriction) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the ordinance and to approve submission of the amended ordinance as a revision to the Arizona SIP. Upon Board approval, this item will become effective October 23, 2019. The Maricopa County Air Quality Department (MCAQD) is proposing to revise Ordinance P-26 (Residential Woodburning Restriction) and is proposing to submit the revised ordinance as a revision to the Arizona SIP. Ordinance P-26 was adopted in response to A.R.S. § 11-871, which required Maricopa County to adopt and implement a residential woodburning restriction when monitoring or forecasting indicates that the carbon monoxide or particulate matter standards are likely to be exceeded. The MCAQD is proposing to revise Ordinance P-26 for the following reasons: --Clarify which fires at residential locations are subject to Ordinance P–26; --Exempt fires and appliances used for cooking from Ordinance P–26 (because A.R.S. § 49-501(B) specifies that open outdoor fires used for cooking shall be allowed at any time); --Clarify the ordinance by removing definitions of terms that are not used in the ordinance; --Rephrase the ordinance to clarify the requirements that are applicable during restricted burn periods and the requirements that are applicable at all times; --Reference the air quality standards in Rule 510 (so that Ordinance P–26 does not have to be revised each time the EPA revises a NAAQS); --Update the methods that the MCAQD will use to notify the public when a restricted burn period has been declared; --Delete the provision which stated that only violations of the ordinance which occurred within one year of a present offense shall be considered as prior violations (because the statute that specifies the consequences for violating this ordinance does not include that provision); --Update the names of low income assistance programs (that are used to determine when low income residents may qualify for a temporary exemption) and the name of the implementing agency; and --Make other changes to ensure the revised ordinance can be approved into the Arizona State Implementation Plan. Permit fees are not changing due to this action. (C-85-20-003-M-00)

Attachments (1)