AQ 2017-012-R314 REPORT TO BOS.PDF

Executive Summary
of the Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board Hearing Date: October 23, 2019
Case #/Title: AQ-2017-012-Rule 314 (Open Outdoor Fires and Indoor Fireplaces at
Commercial and Institutional Establishments)
Agenda Item: (Pending)
Supervisor Districts: All Districts
The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies
throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In
addition to the required staff report, an executive summary of the report including an overview of stakeholder
input and staff responses will be provided to the Board of Supervisors at least one week prior to any Board
of Supervisors’ public hearing.”
Overview of the Report to the Board of Supervisors:
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 314 (Open Outdoor
Fires and Indoor Fireplaces at Commercial and Institutional Establishments) and is proposing to submit the
revised rule as a revision to the Arizona SIP.
Rule 314 was adopted to reduce emissions of nitrogen oxides and volatile organic compounds (which are
precursors to ozone formation), carbon monoxide, and particulate matter. Rule 314 identifies the types of
fires that are allowed in Maricopa County, when each type of fire is allowed, what types of materials can and
cannot be burned, and other requirements that are applicable to each type of fire.
The MCAQD is proposing to revise Rule 314 for the following reasons:
• To clarify the applicability and requirements of Rule 314.
• To define cooking, restrict the size of fires used for cooking, and require that fires ignited for cooking
during a restricted burn period be extinguished once the food is suitable for human consumption.
• To require the use of seasoned wood in fireplaces, woodstoves, and chimineas at commercial and
institutional establishments, and in outdoor fires ignited for the following purposes:
o To provide warmth for human beings;
o For recreational purposes;
o For branding of animals;
o For cooking;
o For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
• To incorporate existing MCAQD policies related to firefighter training during restricted burn periods
and agricultural flame cultivation.
• To make other changes to ensure that the revised rule can be approved into the Arizona State
Implementation Plan (SIP).
Overview of Stakeholder Input and Staff Responses:
During the rulemaking process the MCAQD received written comments from three stakeholders. None of
the stakeholders expressed support for or opposition to the proposed changes. Two residents expressed
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concerns about neighbors who burn in violation of Rule 314 and concerns about how difficult it is to enforce
Rule 314. In response to these comments, the MCAQD highlighted how the revised rule will continue to
prohibit the activities the stakeholders mentioned in their comments and improve the ability of the MCAQD
to enforce the rule. In addition, comments regarding the implementation of the rule have been forwarded to
the Compliance and Enforcement Division of the MCAQD. The Environmental Protection Agency provided
comments on changes that will improve the rule and changes that may be necessary in order for the revised
rule to be incorporated into the Arizona SIP.
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Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board of Health Meeting Date: April 22, 2019
Board Hearing Date: October 23, 2019
Case #/Title: AQ-2017-012-Rule 314 (Open Outdoor Fires and Indoor Fireplaces
at Commercial and Institutional Establishments)
Agenda Item: (Pending)
Supervisor Districts: All Districts
Applicant: Staff
Request: Approve revision of Rule 314 (Open Outdoor Fires and Indoor
Fireplaces at Commercial and Institutional Establishments) of the
Maricopa County Air Pollution Control Regulation and approve
submission of the amended rule as a revision to the Arizona State
Implementation Plan.
Rule 314 was adopted to reduce emissions of nitrogen oxides and
volatile organic compounds (which are precursors to ozone
formation), carbon monoxide, and particulate matter. Rule 314
identifies the types of fires that are allowed in Maricopa County, when
each type of fire is allowed, what types of materials can and cannot be
burned, and other requirements that are applicable to each type of fire.
The MCAQD is proposing to revise Rule 314 for the following
reasons:
• To clarify the applicability and requirements of Rule 314.
• To define cooking, restrict the size of fires used for cooking, and
require that fires ignited for cooking during a restricted burn period
be extinguished once the food is suitable for human consumption.
• To require the use of seasoned wood in fireplaces, woodstoves,
and chimineas at commercial and institutional establishments, and
in outdoor fires ignited for the following purposes:
o To provide warmth for human beings;
o For recreational purposes;
o For branding of animals;
o For cooking;
o For proper disposal of the flag of the United States in
accordance with 4 U.S.C. § 8.
• To incorporate existing MCAQD policies related to firefighter
training during restricted burn periods and agricultural flame
cultivation.
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• To make other changes to ensure that the revised rule can be
approved into the Arizona SIP.
Support/Opposition: During the rulemaking process the MCAQD received written
comments from two residents and the Environmental Protection
Agency (EPA). None of the stakeholders expressed support for or
opposition to the proposed changes. Both residents expressed
concerns about neighbors who burn in violation of Rule 314 and
concerns about how difficult it is to enforce Rule 314. The
Environmental Protection Agency provided comments on changes
that will improve the rule and changes that may be necessary in order
for the revised rule to be incorporated into the Arizona SIP.
Staff
Recommendation: Approve
Board of Health
Recommendation: Approve
Additional Comments: This regulatory change is following the Enhanced Regulatory
Outreach Program (EROP) Policy and workflow process. The County
Manager briefed the Board of Supervisors regarding this rulemaking in
December 2017. A stakeholder workshop was held on March 28, 2019.
The Board of Health approved an expedited rulemaking process for
Rule 314 on April 22, 2019 and the Notice of Proposed Rulemaking
was posted on the EROP website on June 19, 2019.
A newspaper notice of the Board of Supervisors public hearing will be
published in the Record Reporter on September 11, 2019 and
September 18, 2019. This regulatory change will take effect
immediately upon approval by the Board of Supervisors.
Presented By: Philip A. McNeely, R.G., Director
Prepared By: Planning and Analysis Division
Attachments: Preamble required by Arizona Revised Statutes (A.R.S.) § 49-471.07
(See the Draft Notice of Final Rulemaking)
Summary of the proposed regulatory change (See Item 4 of the Draft
Notice of Final Rulemaking)
Analysis of input received during the process and how that input was
responded to (See Item 9 of the Draft Notice of Final Rulemaking)
Language of proposed regulatory change or amendment (See the Draft
Notice of Final Rulemaking)
Minutes from Board of Health meeting
Copies of all written and electronic Stakeholder input
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Return to list of attachments
DRAFT NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 314: OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT
COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS
The Maricopa County Air Quality Department (MCAQD) is proposing to amend Rule 314 (Open
Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments). The Control
Officer is posting this draft Notice of Final Rulemaking on the Maricopa County Enhanced
Regulatory Outreach Program (EROP) website as part of the Report to the Board of Supervisors, in
accordance with the Maricopa County EROP Policy. This notice includes the preamble, as
prescribed in A.R.S. § 49-471.05, and the full text of the rule, including the intended actions to make
new sections or amend, repeal, or renumber the sections of the rule. This notice also includes a list
of all previous notices posted on the Maricopa County EROP website addressing the proposed rule
and the concise explanatory statement prescribed in A.R.S. § 49-471.07, subsection B.
PREAMBLE Return to list of attachments
1. Statutory authority for the rulemaking:
A.R.S. §§ 11-871, 49-112, 49-474, 49-479 and 49-480
2. Name and address of department personnel with whom persons may communicate
regarding the rulemaking:
Name: Kristi Beck or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 3800 N Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: (602) 506-6010
Fax: (602) 506-6179
Submit Comments at: http://maricopa.gov/FormCenter/Regulatory-Outreach-
17/Citizen-Comments-94
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3. Rulemaking process:
This rulemaking is following procedures identified in state statutes and the Maricopa County
EROP Policy.
County Manager Briefing: December 2017
Stakeholder Workshops: March 28, 2019
Board of Health Meeting to Approve Expedited Rulemaking: April 22, 2019
Notice of Proposed Rulemaking: June 19, 2019
Board of Supervisors Formal Meeting to Set the Public Hearing: September 4, 2019
Board of Supervisors Public Hearing: October 23, 2019
4. Explanation of the rule, including the control officer's reasons for initiating the
rulemaking: Return to list of attachments
Fires emit nitrogen oxides and volatile organic compounds (which are precursors to ozone
formation), carbon monoxide, and particulate matter. Rule 314 identifies the types of fires
that are allowed in Maricopa County, when each type of fire is allowed, what types of
materials can and cannot be burned, and other requirements that are applicable to each type
of fire. Rule 314 also prohibits any fire that is not specifically listed in Rule 314. The
MCAQD is revising Rule 314 to clarify what types of fires are allowed in Maricopa County,
when each type of fire is allowed, and which requirements are applicable to each type of fire.
The MCAQD is also revising Rule 314 to reduce emissions from outdoor fires during
restricted burn periods. When elevated concentrations of pollution are expected, the Arizona
Department of Environmental Quality (ADEQ) will issue a health watch or a high pollution
advisory, and the MCAQD will declare a restricted burn period. Rule 314 prohibits most
types of outdoor fires during a restricted burn period; however, fires ignited for cooking and
for proper disposal of flags are allowed during restricted burn periods. Over the last 10 years,
the MCAQD has received numerous citizen complaints regarding outdoor fires ignited
during restricted burn periods. When inspectors respond to these complaints, the person
who ignited the fire will frequently indicate that the fire will be used for cooking. When this
occurs, there is little the MCAQD can do to limit the size or duration of the fire. To reduce
emissions from outdoor fires for cooking, the MCAQD is proposing to define cooking,
restrict the size of fires used for cooking, and require that fires ignited for cooking during a
restricted burn period be extinguished once the food is suitable for human consumption.
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The MCAQD is also revising Rule 314 to reduce total annual emissions from fireplaces,
woodstoves, and chimineas at commercial and institutional establishments, and outdoor fires
ignited for the following purposes:
 To provide warmth for human beings;
 For recreational purposes;
 For branding of animals;
 For cooking; and
 For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
These emissions reductions will be achieved by requiring the use of seasoned wood, which
contains no more than 20% moisture. These reductions are necessary because the U.S.
Environmental Protection Agency (EPA) revised the National Ambient Air Quality
Standards (NAAQS) for particulate matter in 2012. Specifically, the annual average standard
for particulate matter less than 2.5 micrometers in diameter (PM2.5) was lowered from 15
micrograms per cubic meter (µg/m3) to 12 µg/m3. Over the last 10 years, the annual average
concentration of PM2.5 has ranged from 8.99 µg/m3 (2015) to 11.1 µg/m3 (2014) in
Maricopa County. This proposed regulatory change is part of the MCAQD’s proactive
strategy to ensure that the 2012 annual average PM2.5 standard is not exceeded.
Figure 1. Average PM2.5 concentration in Maricopa County (1999-2018).
In addition, the MCAQD is proposing to:
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 Incorporate existing MCAQD policies related to firefighter training during restricted
burn periods and agricultural flame cultivation;
 Clarify the applicability and requirements of Rule 314; and
 Make other changes to ensure that the revised rule can be approved into the Arizona
State Implementation Plan.
5. Studies relied on in the control officer's evaluation of or justification for the rule and
where the public may obtain or review the studies, all data underlying the studies,
any analysis of the studies and other supporting material.
Not applicable.
6. An economic, small business and consumer impact statement:
The following discussion addresses each of the elements required for an economic, small
business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A,
B and C, and 41-1035:
An identification of the proposed rulemaking, including all of the following:
This rulemaking is proposing to revise Rule 314.
(a) The conduct and its frequency of occurrence that the rule is designed to change.
The MCAQD is proposing to revise Rule 314 to reduce the number of open outdoor
fires that are ignited during restricted burn periods and limit the duration of open
outdoor fires for cooking and proper disposal of flags. In addition, the proposed rule will
reduce emissions by requiring the use of seasoned wood in fireplaces, woodstoves, and
chimineas that are located at commercial and institutional establishments and for open
outdoor fires ignited for any of the following purposes:
 To provide warmth for human beings;
 For recreational purposes;
 For branding of animals;
 For cooking; and
 For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
In 2018, The MCAQD received 643 citizen complaints regarding open outdoor burning.
These complaints are typically clustered around restricted burn periods. For example, 45
complaints were received regarding open outdoor burning on January 1, 2018 (a day
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when the MCAQD declared a restricted burn period and air quality at several Maricopa
County monitors exceeded the 1987 PM10 NAAQS). In addition, 57 complainants
specifically stated that the open burning was occurring during a High Pollution Advisory
(HPA) and 49 complainants specifically reported that the open outdoor burning was
occurring during a restricted burn period.
(b) The harm resulting from the conduct the rule is designed to change and the
likelihood it will continue to occur if the rule is not changed.
If the rule is not changed, it is likely that Maricopa County will continue measuring air
pollution concentrations that exceed the following NAAQS:
 1987 NAAQS for particulate matter with a diameter less than or equal to 10
micrometers (PM10);
 2008 NAAQS for ozone; and
 2015 NAAQS for ozone.
If Maricopa County fails to attain these standards, the MCAQD will be required to
implement additional regulations to reduce emissions of PM10 and/or ozone precursors.
In addition, if Maricopa County is classified as a serious nonattainment area for either
the 2008 or 2015 ozone NAAQS, the MCAQD will be required to lower the Title V
permitting thresholds for ozone precursors, which would increase the number of
facilities requiring Title V permits. Title V permits are more expensive to obtain and
require the source to pay an annual fee based on their emissions of particulate matter
and ozone precursors.
If this rule is not changed, it is also possible that Maricopa County may exceed the 2012
NAAQS for PM2.5. If Maricopa County is designated as nonattainment for the PM2.5
NAAQS, the MCAQD would have to develop a plan to reduce PM2.5 emissions. In
addition, emissions offsets would be required for the construction of any new major
source of PM2.5 emissions or for any major modification at an existing major source of
PM2.5. There are currently six major sources of PM2.5 in Maricopa County (one
semiconductor manufacturer and five power plants).
If Rule 314 is not revised, sensitive groups (such as children, the elderly, and people with
pre-existing cardiovascular disease) will continue to experience health effects associated
with elevated concentrations of air pollutants. Elevated concentrations of PM2.5 are
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associated with increases in serious health effects, such as asthma attacks and heart
attacks. In addition, historical data has demonstrated that an increased concentration of
PM2.5 is associated with increased hospital admissions during the pollution event and for
several days after the pollution event ends.
(c) The estimated change in frequency of the targeted conduct expected from the
rule change.
The MCAQD is proposing to revise Rule 314. As with other rules, the MCAQD will use
education, outreach, and other compliance assurance tools to increase the number of
people in compliance with the revised rule. The MCAQD strives to achieve the highest
possible compliance rates.
A brief summary of the information included in the economic, small business and
consumer impact statement.
This rulemaking should not have a significant economic impact on small businesses and
consumers in Maricopa County.
Name and address of agency employees who may be contacted to submit or request
additional data on the information included in the economic, small business and
consumer impact statement.
Name: Kristi Beck or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 3800 N Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: (602) 506-6010
Fax: (602) 506-6179
Submit Comments at: http://maricopa.gov/FormCenter/Regulatory-Outreach-
17/Citizen-Comments-94
An identification of the persons who will be directly affected by, bear the costs of or
directly benefit from the proposed rulemaking.
This rulemaking will affect business and individuals that ignite outdoor fires. This rule
should not impose any significant new costs on businesses or individuals. This rule will
benefit children, senior citizens, and anyone with a preexisting health condition that makes
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them more susceptible to harm caused by air pollution. This rule will also benefit businesses
by helping to ensure that the NAAQS are attained in Maricopa County.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies
directly affected by the implementation and enforcement of the proposed
rulemaking.
This rulemaking should not impose any new costs on the MCAQD or on any other
agencies affected by the proposed rulemaking.
(b) The probable costs and benefits to a political subdivision of this state directly
affected by the implementation and enforcement of the proposed rulemaking.
This rulemaking should not impose any new costs on political subdivisions of this state
affected by the proposed rulemaking.
(c) The probable costs and benefits to businesses directly affected by the proposed
rulemaking, including any anticipated effect on the revenues or payroll
expenditures of employers who are subject to the proposed rulemaking.
This rulemaking should not increase costs for any businesses in Maricopa County and
should not have any effect on revenues or payroll expenditures for businesses affected
by the proposed rulemaking. This rulemaking should benefit businesses by improving
the health of employees and their families, thus improving employee productivity.
A general description of the probable impact on private and public employment in
businesses, agencies and political subdivisions of this state directly affected by the
proposed rulemaking.
This rulemaking should have no impact on private or public employment in businesses,
agencies, and political subdivisions of this state.
A statement of the probable impact of the proposed rulemaking on small businesses.
The statement shall include:
(a) An identification of the small businesses subject to the proposed rulemaking.
Small businesses subject to the proposed rulemaking include any businesses that ignite
outdoor fires and any businesses that use fireplaces, woodstoves, and chimineas.
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(b) The administrative and other costs required for compliance with the proposed
rulemaking.
There should be no significant costs required for compliance with the proposed
rulemaking. Very minor costs may be incurred to purchase seasoned wood for use in
fireplaces, woodstoves, chimineas, and open outdoor fires ignited for the following
purposes:
 To provide warmth for human beings;
 For recreational purposes;
 For branding of animals;
 For cooking; and
 For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
However, seasoned wood combusts more completely so it produces more heat than
unseasoned wood. Any costs associated with the purchase of seasoned wood will likely
be offset by a reduction in the amount of wood needed to achieve a similar heat output.
(c) A description of the methods that the agency may use to reduce the impact on
small businesses.
i. Establish less stringent compliance or reporting requirements in the rule for
small businesses.
This rule does not impose any significant, new compliance requirements on small
businesses. This rule does not establish any new reporting requirements for small
businesses.
ii. Establish less stringent schedules or deadlines in the rule for compliance or
reporting requirements for small businesses.
This rule does not impose any significant, new compliance requirements on small
businesses. This rule does not establish any new reporting requirements for small
businesses.
iii. Consolidate or simplify the rule's compliance or reporting requirements for
small businesses.
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This rule does not impose any significant, new compliance requirements on small
businesses. This rule does not establish any new reporting requirements for small
businesses.
iv. Establish performance standards for small businesses to replace design or
operational standards in the rule.
This rule does not impose any design requirements on small businesses. The
operational requirements imposed on small businesses are minimal.
v. Exempt small businesses from any or all requirements of the rule.
This rule does not impose any significant, new requirements on small businesses.
(d) The probable cost and benefit to private persons and consumers who are directly
affected by the proposed rulemaking.
This rulemaking should not result in any significant costs for private persons and
consumers. Very minor costs may be incurred to purchase seasoned wood for use in
open outdoor fires ignited for the following purposes:
 To provide warmth for human beings;
 For recreational purposes;
 For branding of animals;
 For cooking; and
 For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
However, seasoned wood combusts more completely so it produces more heat than
unseasoned wood. Any costs associated with the purchase of seasoned wood will likely
be offset by a reduction in the amount of wood needed to achieve a similar heat output.
A statement of the probable effect on state revenues.
The rulemaking will not impose increased monetary or regulatory costs on other state
agencies, political subdivisions of this state, persons, or individuals so regulated. Without
costs to pass through to customers, there is no projected change in consumer purchase
patterns and, thus, no impact on state revenues from sales taxes.
A description of any less intrusive or less costly alternative methods of achieving the
purpose of the proposed rulemaking, including the monetizing of the costs and
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benefits for each option and providing the rationale for not using nonselected
alternatives.
The proposed changes do not include any intrusive or costly methods for reducing
emissions from outdoor fires.
A description of any data on which a rule is based with a detailed explanation of how
the data was obtained and why the data is acceptable data.
Not applicable.
7. The proposed effective date of the rule:
The proposed effective date of this rulemaking is October 23, 2019.
8. Such other matters as are prescribed by statute and that are applicable to the county
or to any specific rule or class of rules:
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent
than the rules adopted by the Director of the Arizona Department of Environmental Quality
(ADEQ) for similar sources unless it demonstrates compliance with the applicable
requirements of A.R.S. §49-112.
§ 49-112 County regulation; standards
§ 49-112(A)
When authorized by law, a county may adopt a rule, ordinance or regulation that is more
stringent than or in addition to a provision of this title or rule adopted by the director or any
board or commission authorized to adopt rules pursuant to this title if all of the following
requirements are met:
1. The rule, ordinance or regulation is necessary to address a peculiar local condition.
2. There is credible evidence that the rule, ordinance or regulation is either;
(a) Necessary to prevent a significant threat to public health or the environment that
results from a peculiar local condition and is technically and economically feasible.
(b) Required under a federal statute or regulation, or authorized pursuant to an
intergovernmental agreement with the federal government to enforce federal statutes
or regulations if the county rule, ordinance or regulation is equivalent to federal
statutes or regulation.
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3. Any fee or tax adopted under the rule, ordinance or regulation does not exceed the
reasonable costs of the county to issue and administer the permit or plan approval
program.
§ 49-112(B)
When authorized by law, a county may adopt rules, ordinances or regulations in lieu of a
state program that are as stringent as a provision of this title or rule adopted by the director
or any board or commission authorized to adopt rules pursuant to this title if the county
demonstrates that the cost of obtaining permits or other approvals from the county will
approximately equal or be less than the fee or cost of obtaining similar permits or approvals
under this title or any rule adopted pursuant to this title. If the state has not adopted a fee or
tax for similar permits or approvals, the county may adopt a fee when authorized by law in
the rule, ordinance or regulation that does not exceed the reasonable costs of the county to
issue and administer that permit or plan approval program.
The MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). Rule 314 is more stringent
than the requirements of A.A.C. R18-2-602 (Unlawful Open Burning) because Maricopa
County contains a maintenance area for the 1971 NAAQS for carbon monoxide, and
nonattainment areas for the following NAAQS:
 1987 NAAQS for PM10;
 2008 NAAQS for ozone; and
 2015 NAAQS for ozone.
In addition, the costs for open burn permits do not exceed the reasonable costs of the
county to issue and administer the permit approval program.
9. List of all previous notices posted on the Maricopa County EROP website
addressing the proposed rule and a concise explanatory statement, as prescribed by
A.R.S. § 49-471.07, subsection B: Return to list of attachments
(a) List of all previous notices posted on the Maricopa County EROP website
addressing the proposed rule:
Notice of Stakeholder Workshop: March 12, 2019 (Date of Posting)
Notice of Board of Health Meeting: April 4, 2019 (Date of Posting)
Notice of Proposed Rulemaking: June 19, 2019 (Date of Posting)
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(b) The following discussion addresses each of the elements required for a concise
explanatory statement, as prescribed by A.R.S. § 49-471.07, subsection B:
The following changes were made after the Notice of Proposed Rulemaking was
published on June 19, 2019:
1. Corrected the numbering of subsections in Section 322.
2. Replaced the word “plenum” with the term “air curtain” in Section A.1 of the
Appendix.
3. Replaced the phrase “shall not extend beyond the length of the nozzle action” with
the phrase “must not exceed the width of the air curtain” in Section A.4 of the
Appendix.
4. Replaced the word “pipeline” with the phrase “fuel pipeline” in Section A.5 of the
Appendix.
The following discussion evaluates the arguments for and against the rule and includes
responses to comments received on the proposed rule or the preamble in the Notice of
Proposed Rulemaking. The MCAQD received written comments from three
stakeholders. All of the comments were reviewed and evaluated by the MCAQD.
Comment #1: This does not go far enough. Open Fire Burner abusers are already
circumnavigating the current rules and tweaking this Rule does
nothing to stop that. When you live outside of law, you have no issue
playing fast and loose with rules, including on no burn days, by
burning green wood, ignited with gasoline, and allowing it to
smoulder all night long and telling visiting inspectors that you are
cooking for your family. Thank you.
Response #1: Thank you for your comment. The MCAQD revised the draft rule to
address this comment.
To prevent burning of green wood, draft Rule 314 requires the use of
seasoned wood, which contains no more than 20 percent moisture,
for all open outdoor fires ignited for the following purposes: warmth
for human beings (Section 311), recreational purposes (Section 312),
branding of animals (Section 313), cooking (Section 314), and proper
disposal of flags (Section 316). The use of seasoned wood is also
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required in fireplaces, woodstoves, and chimineas at commercial and
institutional establishments (Section 322).
To prevent the use of gasoline when igniting fires open outdoor fires,
flammable liquids have been retained in the definition of prohibited
material.
The MCAQD cannot prohibit fires used for cooking during
restricted burn periods, because these types of fires are specifically
authorized by A.R.S. § 49-501(B)(1). However, to reduce emissions
from fires during restricted burn periods, the MCAQD has added a
definition of cooking, and the following requirements have been
added for all fires ignited for cooking during a restricted-burn period:
 A fire shall only be established to cook, smoke, or flavor food for
immediate human consumption;
 Cooking, smoking, or flavoring of food must begin without delay
once the fire has been established;
 The fire must be extinguished without delay once all parts of the
food are suitable for immediate human consumption; and
 The dimensions of the fire shall not exceed 2 square feet, unless a
larger fire is necessary to ensure that all parts of the food will
reach the safe minimum internal temperature recommended by
the United States Department of Agriculture.
Comment #2: There is a huge problem in our neighborhood, North Central
Phoenix! Wood smoke is incredibly toxic even to 'normal' healthy
people, but I have asthma and there are a large number of people
who burn wood in our area, sometimes every night, and often
without any consideration for no burn days. This happens even
throughout the summer and winter months, 24/7, 365 days a year!
Maricopa absolutely does not have enough constraints on wood
burning/smoke in the Phoenix valley! On top of that, Air Quality
department is completely incapable of policing the general public to
insure even the existing rules are followed! Inspectors are few and far
between, they only work until 8 pm if you can get one out, and they
have absolutely no tools with them to do their job, eg. thermal
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camera, or other testing equipment. They also are not even allowed
to get out of their vehicles to confirm a complaint! How in the world
are we supposed to be protected from law breakers and the incredible
amount of wood smoke and other pollutants with this kind of (lack
of) support? If it is so dangerous for inspectors to leave their vehicles
then you should make those vehicles fully capable of 'seeing' and
'smelling' and recording the heat from fires, smoke from fires, and
any other conditions to make them able to do their job! They should
be able to call on local law enforcement by law, to get an escort if
needed to proceed onto private property to investigate within reason,
or with probable cause-from using a thermal camera device or other
technology, to investigate where the smoke or other violation is
coming from and document and cite the offender!!!!! I have
personally called over a dozen complaints that I have documented
burning on no burn days and the offender has not been cited even
once!!!! That is absolutely unacceptable and an embarrassment to
everyone involved.
Response #2: Thank you for your comment. The MCAQD has retained the
prohibition on igniting open outdoor fires during restricted-burn
periods (also known as no burn days) for most types of fires listed in
Rule 314.
To reduce emissions during restricted burn periods, additional
constraints on fires ignited for cooking have been added to the draft
rule. In addition, draft Rule 314 requires the use of seasoned wood,
which contains no more than 20 percent moisture, for all open
outdoor fires ignited for the following purposes: warmth for human
beings (Section 311), recreational purposes (Section 312), branding of
animals (Section 313), cooking (Section 314), and proper disposal of
flags (Section 316). The use of seasoned wood is also required in
fireplaces, woodstoves, and chimineas at commercial and institutional
18

establishments (Section 322). The use of seasoned wood will further
reduce emissions from open outdoor fires.
We appreciate your feedback regarding implementation of Rule 314.
We have forwarded comments regarding implementation of Rule 314
to the Compliance and Enforcement Division of the MCAQD.
Comment #3: I don't quite understand this process but I would like to say I have a
neighbor that is a pervasive open fire burner who doesn't care about
his neighbors or the no burn day rules. My home and business have
been nearly destroyed by repeated smoke saturation from dozens of
these pervasive smoky fires. I have called in, as well as other
neighbors, to report this abuse as no other organization has any
authority to control this and NOT ONE FINE has been given.
Why?! Because the inspectors, as nice as they are, have no tools to do
their job and are not allowed to leave their vehicles or to accept an
invite to an adjacent property or even walk down an alley to help
catch a perpetrator! I have witnessed and reported dozens of illegal
no burn day fires and all the inspectors can do is drive by on the
street but they can't see in the back yard! There is technology
available to allow them to see a column of heat rising from over a
roof top called a thermal camera!!! I have never seen an enforcement
agency so incapable of doing their assigned duties. I have attached a
list of calls from your own records at this address. Still to date,
nothing had been done.
Attached Spreadsheet
Response #3: We appreciate your feedback regarding implementation of Rule 314.
We have forwarded comments regarding implementation of Rule 314
to the Compliance and Enforcement Division of the MCAQD.
Comment #4: We are providing comments based on our preliminary review of draft
rule 314, Outdoor Fires and Commercial/Institutional Solid Fuel
19

Burning. Maricopa County requested the EPA’s pre-adoption review
of this draft on April 15, 2019.
Suggestions for Improvement
Section 201 defines “Air Curtain Incinerators” and specifies that only
self-contained above ground air curtain destructors allowed in
Maricopa County. We suggest moving the prohibition on types of air
curtain incinerators allowed in the district to a prohibition section.
Section 222 defines “Restricted-Burn Period,” but does not specify
the air quality standards that apply. We suggest adding a provision
similar to section 3(D) of Ordinance P-26 (“Declaration Of A
Restricted-Burn Period”), or including a reference to that provision
within Rule 314.
Approvability Issues
Section 309.1e, 310.1e, 402.3b describe requirements for fires
destroying tumbleweeds, fires for agricultural land clearing, and burn
permits for agricultural control of weeds. Each of these provisions
only allows burning in these contexts if no other reasonable methods
are available. This term is vague and could be difficult to enforce.
Define “other reasonable methods” or provide examples of what
methods may be reasonable as an alternative to burning for
agricultural disposal.
Section 310 describes requirements for burning indigenous scrub for
the purpose of agricultural operations in non-urban areas of low
population. This term is vague, and the County should define the
term “low population”. See, for example, Placer County APCD Rule
305, section 103.2.3 for a suitable method of defining low population.
Sections 320.2 and 321.2 describe requirements for the testing of
potentially explosive-containing products and requires that the
operator to comply with the permit requirements in section 303
20

unless the testing area is relatively small. This term is vague, and the
County should define “relatively small”.
Section 402 describes administrative requirements for burn permit
applications. Burn permits are required for several of the activities
described in the prohibitory section of the rule. The form of the
application is prescribed by the Control Officer, but at minimum the
application should require information about the applicant, location
of the burning activity, time of the burning activity, and type of
material being combusted. Please define what information, at
minimum, is required in a burn permit application.
Section 403 describes administrative requirements for burn permit
conditions. Burn permits are issued after a burn permit application is
approved by the Control Officer. However, the conditions that are
required in burn permits are at the discretion of the County, as the
Control Officer may impose any permit conditions, and those
conditions may include certain requirements. Please revise this
language to require the imposition of enforceable permit conditions
that are relevant for the types of burning activities requiring these
permits.
Response #4: Thank you for your comments. Below are responses to the
suggestions for improvement and approvability issues provided in
your letter.
Suggestions for Improvement
The MCAQD has moved the requirement to use a self-contained,
above ground air curtain destructor to Section 302.6.
The MCAQD has added the air quality standards that will be used to
declare a restricted burn period to Section 222.
Approvability Issues
In most cases, mechanical equipment can be used to remove tumble
weeds and indigenous vegetation, and the resulting debris can be
21

loaded into haul trucks and transported to a disposal facility.
However, the use of the term "reasonable” has always been
problematic because what is reasonable to one person may not be
reasonable to another person. Due to the litigation risk associated
with determining what is “reasonable” on a case by case basis, the
MCAQD has not historically denied burn permit applications based
on the availability of other methods. Instead, the MCAQD has
evaluated the burn site to determine whether or not the fire is likely
to impact residents and businesses that are located near the burn site.
Based on this comment, the MCAQD has aligned the draft rule with
our historical business practices. Open outdoor fires for destruction
of tumbleweeds will be allowed, regardless of other methods that are
available, as long as emissions are not limiting visibility on a roadway
and as long as visible emissions do not extend to any occupied place
that is not owned or occupied by the owner of the open outdoor fire.
Open outdoor fires for agricultural land clearing will be allowed,
regardless of other methods that are available, in non-urban areas of
low population.
The MCAQD has added a definition of “non-urban area of low
population.”
The MCAQD has also evaluated your suggestion to define the term
“relatively small.” During this evaluation, the MCAQD determined
that any definition of “relatively small” would be arbitrary, because
emissions are based on the type and amount of material combusted
and not the size of the area where combustion occurs. Based on this
evaluation, the MCAQD has replaced “relatively small” with a
reference to the emission based permitting thresholds in Rule 200,
Section 303.1.
The MCAQD revised Section 402 to include a list of information
that must be submitted with the burn permit application.
22

The MCAQD revised Section 403 to state that each burn permit shall
include enforceable permit conditions that are relevant for the types
of fires that require a burn permit.
Comment #5: We have concerns about your approach for resolving these issues.
1. By removing the language "other reasonable methods", would
actually weaken the rule because this language already exists in
Rule 314 and in the SIP and could encourage open burning
activities in lieu of whatever these other methods may be. Does
the Department have any data or information on what these
other reasonable methods may be, so they may be characterized?
What would be the potential impact on air quality be if more
open burning occurred as a result of the removal of this
language?
2. What would the impact be on basing the open burning
requirements on the Rule 200 permitting thresholds? Are these
thresholds equivalent in terms of emissions or other
requirements? The Department would need to provide analysis
comparing the two different requirements to demonstrate that
the requirement is at least as stringent.
Response #5: The MCAQD will provide additional information on the impact of
these changes when Rule 314 is submitted to EPA for approval into
the Arizona SIP.
EXACT WORDING OF THE RULE Return to list of attachments
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 314
OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND
INSTITUTIONAL ESTABLISHMENTS COMMERCIAL/INSTITUTIONAL SOLID FUEL
BURNING
INDEX
23

SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 EXEMPTIONS
SECTION 200 – DEFINITIONS
201 AGRICULTURAL OPERATIONS
201 202 AIR CURTAIN DESTRUCTOR
202 203 AREA A
204 CHARCOAL
205 CHIMINEA
206 COOKING
203 207 DANGEROUS MATERIAL
204 208 DITCHBANK
205 EMISSION REDUCTION TECHNIQUES (ERTs)
206 209 FENCE ROW
207 210 FIREBOX
211 FLAME CULTIVATION
208 212 FLUE
213 FUEL
214 HIGH TEMPERATURE MECHANICAL BURNER
215 INDOOR FIRE FOR FIREFIGHTER TRAINING
216 MANUFACTURED FIRELOG
217 NFPA 1001
218 NON-URBAN AREA OF LOW POPULATION
219 OCCUPIED PLACE
209 220 OPEN OUTDOOR FIRE OR OPEN BURNING
210 221 ORCHARD HEATERS
222 OUTDOOR FIRE
223 PELLET FUEL
211 224 PROHIBITED MATERIALS
212 225 PUBLIC OFFICER
213 226 RESTRICTED-BURN PERIOD
214 WOOD-BURNING CHIMINEAS
24

227 SEASONED WOOD
228 SOLID FUEL
229 SUITABLE FOR IMMEDIATE HUMAN CONSUMPTION
SECTION 300 – STANDARDS
301 PROHIBITION - OPEN OUTDOOR FIRES
302 GENERAL REQUIREMENTS OPEN OUTDOOR FIRES REQUIRED TO
OBTAIN A BURN PERMIT
303 PERMIT REQUIREMENTS OPEN OUTDOOR FIRES NOT REQUIRED TO
OBTAIN A BURN PERMIT
304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR FOR
DISEASE AND/OR PEST PREVENTION
305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED
PER SECTIONS 302, 303 AND 304 OPEN OUTDOOR FIRES FOR
PREVENTION OF FIRE HAZARDS
306 PROHIBITION - BURNING IN INDOOR FIREPLACES FIRES FOR
FIREFIGHTER TRAINING
307 OPEN OUTDOOR FIRES FOR BURNING OF AGRICULTURAL
DITCHBANKS AND FENCE ROWS
308 OPEN OUTDOOR FIRES FOR WATERSHED REHABILITATION OR
CONTROL
309 OPEN OUTDOOR FIRES FOR DESTRUCTION OF TUMBLEWEEDS
310 OPEN OUTDOOR FIRES FOR AGRICULTURAL LAND CLEARING
311 OPEN OUTDOOR FIRES FOR WARMTH FOR HUMAN BEINGS
312 OPEN OUTDOOR FIRES FOR RECREATIONAL PURPOSES
313 OPEN OUTDOOR FIRES FOR BRANDING OF ANIMALS
314 FIRES FOR COOKING
315 OPEN OUTDOOR FIRES FOR ORCHARD HEATERS
316 OPEN OUTDOOR FIRES FOR PROPER DISPOSAL OF FLAGS
317 OPEN OUTDOOR FIRES FOR DISPLAY OF PYROTECHNICS
318 OPEN OUTDOOR FIRES FOR FIRE EXTINGUISHER TRAINING
319 OPEN OUTDOOR FIRES FOR DISPOSAL OF DANGEROUS MATERIAL
320 OPEN OUTDOOR FIRES FOR TESTING POTENTIALLY EXPLOSIVE-
CONTAINING PRODUCTS IN ACCORDANCE WITH DEPARTMENT OF
TRANSPORTATION (DOT) OR DEPARTMENT OF DEFENSE (DOD)
GUIDELINES
25

321 OPEN OUTDOOR FIRES FOR TESTING POTENTIALLY EXPLOSIVE-
CONTAINING PRODUCTS FOR COMMERCIAL, MILITARY, OR LAW
ENFORCEMENT USE
322 FIREPLACES, WOODSTOVES, AND CHIMINEAS, AT COMMERCIAL AND
INSTITUTIONAL ESTABLISHMENTS
SECTION 400 – ADMINISTRATIVE REQUIREMENTS FOR BURN PERMITS AND
BURN PLANS
401 FEES REQUIRED
402 BURN PERMIT APPLICATION
403 BURN PERMIT CONDITIONS
404 BURN PERMIT AND BURN PLAN INSPECTIONS
404 405 BURN PERMIT DENIAL
405 406 BURN PERMIT TERMS
406 407 BURN PLAN APPLICATION AND CONDITIONS
SECTION 500 – MONITORING AND RECORDS
501 RECORDKEEPING AND REPORTING
502 RECORDS RETENTION
503 PROGRAM REVIEW
APPENDIX TO RULE 314
REQUIREMENTS FOR AIR CURTAIN DESTRUCTOR AND FIREBOX
PROCEDURES DESTRUCTORS
26

Revised 07/13/88
Revised 12/19/01
Revised 04/20/05
Revised 03/12/08
Revised 07/25/12
Revised 07/13/1988; Revised 12/19/2001; Revised 04/20/2005; Revised 03/12/2008; Revised
07/25/2012; and Revised 10/23/2019
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 314
OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND
INSTITUTIONAL ESTABLISHMENTS COMMERCIAL/INSTITUTIONAL SOLID FUEL
BURNING
SECTION 100 – GENERAL
101 PURPOSE: To limit the emissions of air contaminants produced from open burning and
from indoor fireplaces at commercial and institutional establishments outdoor fires and
commercial/institutional solid fuel burning.
102 APPLICABILITY: Rule 314 is applicable The provisions of this rule apply to the owner or
operator of: any open outdoor fire and burning in indoor fireplaces at commercial and
institutional establishments that is conducted within Maricopa County.
102.1 Any open outdoor fire;
102.2 Any indoor fire for firefighter training;
102.3 Any appliance used for the cooking, smoking, or flavoring of food that burns solid
fuel and is not located at a food establishment with a valid permit to operate from
the Maricopa County Environmental Services Department; and
102.4 Any fireplace, woodstove, or chiminea that is located at a commercial or institutional
establishment and burns solid fuel.
103 EXEMPTIONS: The provisions of this rule do not apply to:
103.1 Equipment and processes used for agricultural flame cultivation, if the fuel used is
liquefied propane gas, the resulting flame desiccates the vegetative material without
continued application of the flame, and the vegetative material is not burned or
combusted.
103.2 Appliances, including but not limited to, grills, ovens, and smokers, that are used
exclusively for the cooking, smoking, or flavoring of food, and are located at a food
establishment with a valid permit to operate from the Maricopa County
Environmental Services Department.
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103.3 Any of the following fires or devices that are subject to Ordinance P-26 of these
rules:
a. Any residential woodburning device;
b. Any chiminea, outdoor fireplace, and other outdoor device that is located at a
residence and burns solid fuel; and
c. Any fire pit or similar outdoor fire that is located at a residence, burns solid fuel,
and is used exclusively for recreation or ambiance, or to provide warmth for
human beings.
103.4 Any fire or device where the only fuel combusted is natural gas, propane, or liquefied
petroleum gas and the fire or device is not used to ignite another type of fuel.
103.5 The use of consumer fireworks or display fireworks, as defined in A.R.S. § 36-1601.
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall
apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of
these rules. In the event of any inconsistency between any of the Maricopa County Air Pollution
Control Rules Regulations, the definitions in this rule take precedence.
201 AGRICULTURAL OPERATIONS: Producing or harvesting crops or raising animals for
the purposes of marketing for profit or providing a livelihood.
201 202 AIR CURTAIN DESTRUCTOR: A device designed to form a curtain of air over a
firebox in which burning occurs that aids in more complete combustion through increases in
turbulence and combustion time. Above ground air curtain destructors are the only type of
air curtain destructor allowed in Maricopa County.
202 203 AREA A: As defined in Arizona Revised Statutes (A.R.S.) § 49-541(1), the area in Maricopa
County delineated as follows:
Township 8 North, Range 2 East and Range 3 East
Township 7 North, Range 2 West through Range 5 East
Township 6 North, Range 5 West through Range 6 East
Township 5 North, Range 5 West through Range 7 East
Township 4 North, Range 5 West through Range 8 East
Township 3 North, Range 5 West through Range 8 East
Township 2 North, Range 5 West through Range 8 East
Township 1 North, Range 5 West through Range 7 East
Township 1 South, Range 5 West through Range 7 East
Township 2 South, Range 5 West through Range 7 East
Township 3 South, Range 5 West through Range 1 East
Township 4 South, Range 5 West through Range 1 East
A map of Area A is available at: https://www.maricopa.gov/2686/Planning-Area-Maps
204 CHARCOAL: The carbon and hydrocarbon residue that remains after water and other
volatile constituents of wood have been removed by pyrolysis.
28

205 CHIMINEA: A device made from clay, aluminum, steel, or another non-combustible
material, that is designed to burn solid fuel, and that is used outside to provide warmth or
for aesthetic purposes.
206 COOKING: The application of heat to plant foods and raw animal foods to raise all parts
of the food to the safe internal temperature recommended by the United States Department
of Agriculture, or a higher temperature based on the preferences of the person who will
consume the food. For the purposes of this rule, cooking does not include the application of
heat to ready to eat foods, as defined in Subpart 1-201.10 of the 2017 Food Code published
by the U.S. Food & Drug Administration, including but not limited to, hot dogs and
marshmallows.
203 207 DANGEROUS MATERIAL: Any substance or combination of substances that is capable
of causing bodily harm or property loss unless neutralized, consumed, or otherwise disposed
of in a controlled and safe manner.
204 208 DITCHBANK: A lateral area not to exceed two and one half feet on either side of a ditch.
205 EMISSION REDUCTION TECHNIQUES (ERTs): Methods for controlling emissions
from outdoor fires to minimize the amount of emissions output per unit of area burned.
Types of ERTs include minimizing the material to be burned, preventing fire from spreading
by lining the area and applying fire retardant foam or water, allowing the material to dry
before burning, extinguishing the smoldering burns, burning in piles, and burning in the
opposite direction of the wind.
206 209 FENCE ROW: A lateral area not to exceed two and one half feet on either side of the
centerline of a fence.
207 210 FIREBOX: The chamber or compartment inside of an air curtain destructor wherein
materials are burned.
211 FLAME CULTIVATION: The practice of using a flame to expose vegetative material to
intense heat (approximately 2000°F) for a short duration (approximately one-tenth of a
second) to vaporize the water in the vegetative cells in order to destroy the photosynthetic
process. This practice does not burn or combust the vegetative material.
208 212 FLUE: Any duct or passage for air or combustion gases, such as a stack or chimney.
213 FUEL: Any material which is burned to produce energy (such as heat), to reduce the
volume or mass of solid material, or for firefighter training.
214 HIGH TEMPERATURE MECHANICAL BURNER: A portable device (such as a
torch) that combusts propane or another hydrocarbon gas to create a flame that can be
continuously maintained and applied until combustion is complete.
215 INDOOR FIRE FOR FIREFIGHTER TRAINING: Any fire ignited inside of a
structure for the purposes of training career and volunteer firefighters whose duties are
primarily structural in nature.
29

216 MANUFACTURED FIRELOG: A log that is made from recycled wood, such as sawdust,
that is compressed to form a log or mixed with a binder and extruded into a log shape.
217 NFPA 1001: The National Fire Protection Association (NFPA) standard for firefighter
professional qualifications. The standard identifies the minimum job performance
requirements for career and volunteer firefighters whose duties are primarily structural in
nature.
218 NON-URBAN AREA OF LOW POPULATION: Any geographic location where the
nearest occupied place is more than 1,320 feet (one-fourth of a mile) away. For the purposes
of this definition, an occupied place that is owned by the burn permit applicant will not be
considered when determining if the burn location identified on the application is a non-
urban area of low population.
219 OCCUPIED PLACE: A location where people are either residing (a residence) or working
(a workplace) or any place where people might have an activity (e.g. bus stop, basketball
court, or patio). For the purpose of this rule, this definition does not include an occupied
place that is owned and occupied by the owner or operator of the open outdoor fire.
209 220 OPEN OUTDOOR FIRE OR OPEN BURNING: Any combustion of any type of
material outdoors, where the products of combustion are not directed through a flue. Open
outdoor fires include agricultural, residential and prescribed burning. Purposes for fires can
include prevention of a fire hazard, instruction in the methods of fighting fires, watershed
rehabilitation, disease and pest prevention.
210 221 ORCHARD HEATERS: A device which helps prevent frost damage to fruit trees by
heating. An orchard heater consists of a pipeline heater system operated from a central
control from which fuel is distributed by a piping system from a centrally located tank.
222 OUTDOOR FIRE: Any open outdoor fire and any combustion of any solid fuel where the
products of combustion are vented outdoors. For the purposes of this rule, outdoor fire
includes, but is not limited to chimineas, smokers, cooking appliances, and forges where the
products of combustion go through a flue or a stack and are discharged outdoors.
223 PELLET FUEL: Refined and densified fuel shaped into small pellets or briquettes that are
uniform in size, shape, moisture, density and energy content.
211 224 PROHIBITED MATERIALS: Non-paper garbage from the processing, storage, service
or consumption of food; books, magazines, fiberboard, packaging, rags, fabrics, office
records, chemically treated or soaked wood; lead-painted wood; linoleum flooring, and
composite counter tops; tires; animal wastes and carcasses, coal, liquid or gelatinous
hydrocarbons tar, explosives or ammunition; oleanders, leaves, grass clippings, refuse;
asphalt shingles or asphalt; tar paper; plastic and rubber products, including bottles for
household chemicals; plastic grocery and retail bags; waste petroleum products, such as
waste crankcase oil, transmission oil, and oil filters; transformer oils; asbestos; batteries; anti-
freeze; aerosol spray cans; electrical wire insulation; thermal insulation; polyester products;
hazardous waste products such as paints, pesticides, cleaners and solvents, stains and
varnishes, and other flammable liquids; plastic pesticide bags and containers; and hazardous
30

material containers including those that contained lead, cadmium, mercury and arsenic
compounds. Aerosol spray cans; animal carcasses; animal waste; antifreeze; asbestos; asphalt,
asphalt shingles and other asphalt products; batteries; chemically treated or soaked wood;
cleaners; coal; counter tops; electrical wire insulation; explosives or ammunition; fabrics;
fiberboard; flammable liquids; flooring; furniture; garbage; grass clippings; hazardous
material containers, including those that contain lead, cadmium, mercury, and arsenic
compounds; hazardous waste; insulation; landscape waste; painted wood; paper and paper
products, including books, magazines, and office records; leaves; liquid or gelatinous
hydrocarbons; oleanders; packaging; paints; pesticides, pesticide bags, and pesticide
containers; plastic, including plastic bags and other plastic products; polyester products; rags;
refuse; rubbish; solvents; stains; tar and tar paper; tires; transformer oils; tree trimmings;
varnishes; waste petroleum products, including waste crankcase oil, transmission oil, and oil
filters; and any substance that emits dense smoke or obnoxious odors.
212 225 PUBLIC OFFICER: Any elected or appointed officer of a public agency established by
charter, ordinance, resolution, state constitution or statute, but excluding members of the
legislature.
213 226 RESTRICTED-BURN PERIOD: A condition declared by the Control Officer whenever
meteorological conditions are conducive to an accumulation of carbon monoxide (CO),
ozone, and/or particulate matter in exceedance of the standards or when air quality reaches
other limits established by the Control Officer or when there is increased fire danger. The
Control Officer will declare a restricted-burn period if any of the following standards are
likely to be exceeded:
a. The primary ambient air quality standard for carbon monoxide, eight-hour average, in
Rule 510 of these rules;
b. The primary ambient air quality standard for ozone, eight-hour average, in Rule 510 of
these rules; and
c. Either of the following 24-hour average concentrations for particulate matter:
(1) PM10 – 120 micrograms per cubic meter; or
(2) PM2.5 – 30 micrograms per cubic meter.
214 WOOD-BURNING CHIMINEAS: Chimineas are burning devices made from clay,
aluminum, and steel and are used for warmth and aesthetics outside in yards and patios.
Chimineas are designed to burn solid fuels.
227 SEASONED WOOD: Wood with a moisture content less than or equal to 20 percent, as
determined using a moisture meter that is operated in accordance with the manufacturer’s
recommendations. For the purposes of this rule, seasoned wood includes charcoal, pellet
fuel, and manufactured firelogs.
228 SOLID FUEL: Any fuel that is in a solid state prior to combustion.
229 SUITABLE FOR IMMEDIATE HUMAN CONSUMPTION: Foods that have been
cooked to the safe minimum internal temperature recommended by the United States
Department of Agriculture and to the preferences of the person who will consume the food.
31

SECTION 300 – STANDARDS
301 PROHIBITION-OPEN OUTDOOR FIRES: It shall be unlawful for any person to
ignite, cause or permit to be ignited, allow, maintain any open outdoor fire within the limits
of Maricopa County, except as provided in Sections 302, 303, 304, 305 and in the Appendix
of this rule. No person may ignite, cause to be ignited, permit to be ignited, suffer, allow, or
maintain any fire or device listed in Section 102 of this rule, within the limits of Maricopa
County, except as provided in Sections 304 through 322 of this rule.
302 GENERAL REQUIREMENTS: The owner or operator of any open outdoor fire listed
in Sections 304 through 321 of this rule, or any indoor fire for firefighter training listed in
Section 306 of this rule, shall comply with all of the following requirements from the time
the fire is ignited until the fire has been completely extinguished:
302.1 Fire extinguishing equipment shall be readily available at all times;
302.2 An attendant trained in the use of fire extinguishing equipment shall be present at
the location of the fire;
302.3 No items or materials that will cause the production of black smoke shall be present
in or added to an open outdoor fire, however items or materials that will cause the
production of black smoke may be added to an indoor fire for firefighter training;
302.4 Prohibited materials shall not be burned, except as provided in Sections 319, 320,
and 321 of this rule;
302.5 The open outdoor fire shall not be used for disposal of dangerous materials unless
the owner or operator complies with Section 319 of this rule; and
302.6 If vegetative material that is more than six inches in diameter will be burned, a self-
contained, above ground air curtain destructor shall be used and the owner or
operator shall:
a. Obtain a Title V Permit prior to igniting the open outdoor fire;
b. Obtain an approved site-specific burn plan from the Control Officer, in
accordance with Section 407 of this rule; and
c. Comply with the Appendix to Rule 314
303 PERMIT REQUIREMENTS: The owner or operator of any open outdoor fire listed in
Sections 304 through 310 of this rule, or any indoor fire for firefighter training allowed in
Section 306 of this rule, shall comply with all of the following requirements before the open
outdoor fire is ignited. These requirements shall not apply to the owner or operator of any
open outdoor fire listed in Sections 311 through 321 of this rule. These requirements shall
also not apply to any fireplace, woodstove, or chiminea that is subject to Section 322 of this
rule.
303.1 Obtain a burn permit in accordance with the administrative requirements in Section
400 of this rule before the fire is ignited;
303.2 After the burn permit has been issued, call the local fire department and the Control
Officer each day, before the fire is ignited, to obtain permission to ignite the fire.
The Control Officer shall approve or deny permission to burn based on National
32

Weather Service forecasts or other meteorological analyses that indicate expected
concentrations of criteria pollutants, the likelihood of stagnation events that may
prevent the dispersion of air pollutants, the size of the fire, and the distance between
the fire and affected communities.
303.3 Before the fire is ignited, ensure that the size of the fire will not exceed the size
provided on the burn permit application and that the method of burning and the
location of the fire match the information provided on the burn permit application.
304 OPEN OUTDOOR FIRES FOR DISEASE AND/OR PEST PREVENTION: The
owner or operator of an open outdoor fire declared necessary by the Arizona Department of
Agriculture, when such fires have been determined essential for the purposes of disease or
pest prevention and have been certified by actual investigations conducted by the Arizona
Department of Agriculture, shall comply with all of the following requirements.
304.1 Comply with general requirements in Section 302 of this rule;
304.2 Comply with the permit requirements in Section 303 of this rule;
304.3 Comply with the recordkeeping requirements in Section 501.1 of this rule;
304.4 Not ignite or maintain the open outdoor fire during a restricted-burn period;
304.5 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day; and
304.6 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day.
305 OPEN OUTDOOR FIRES FOR PREVENTION OF FIRE HAZARDS: The owner
or operator of an open outdoor fire declared necessary, by a public officer in the
performance of their official duties, for the control of weeds or for the prevention of fire
hazards shall comply with all of the following requirements.
305.1 Comply with general requirements in Section 302 of this rule;
305.2 Comply with the permit requirements in Section 303 of this rule;
305.3 Comply with the recordkeeping requirements in Section 501.1 of this rule;
305.4 Not ignite or maintain the open outdoor fire during a restricted-burn period;
305.5 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day; and
305.6 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day.
306 FIRES FOR FIREFIGHTER TRAINING: The owner or operator of an indoor or open
outdoor fire for firefighter training, including but not limited to firefighter training areas and
firefighter training structures, shall comply with all of the following requirements.
306.1 Comply with general requirements in Section 302 of this rule;
306.2 Comply with the permit requirements in Section 303 of this rule;
306.3 Comply with the recordkeeping requirements in Section 501.1 of this rule; and
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306.4 Not ignite or maintain the indoor or open outdoor fire during a restricted-burn
period, unless the fire is necessary for NFPA 1001 required training and all of the
following requirements are met:
a. The cumulative duration of the indoor or open outdoor fire shall not exceed 2
hours in any 24-hour period;
b. Permission to burn shall be requested in writing and include the date and time of
the training, the cumulative duration of the indoor or open outdoor fire; and the
type and amount of materials to be burned; and
c. The indoor or open outdoor fire shall not be ignited unless permission is granted
in writing by the Control Officer for each day of NFPA 1001 required training.
The Control Officer will base the decision to grant or deny permission to burn
based on expected meteorological conditions and expected emissions from the
indoor or open outdoor fire. The Control Officer may cancel permission to
ignite the indoor or open outdoor fire if the Control Officer has reason to
believe atmospheric conditions have changed.
307 OPEN OUTDOOR FIRES FOR BURNING OF AGRICULTURAL
DITCHBANKS AND FENCE ROWS: The owner or operator of an open outdoor fire
for burning ditchbanks and fence rows that are located adjacent to agricultural operations,
shall comply with all of the following requirements.
307.1 Comply with general requirements in Section 302 of this rule;
307.2 Comply with the permit requirements in Section 303 of this rule;
307.3 Comply with the recordkeeping requirements in Section 501.1 of this rule;
307.4 Not ignite or maintain the open outdoor fire during a restricted-burn period;
307.5 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day;
307.6 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
307.7 Extinguish the open outdoor fire if emissions are limiting visibility on a roadway or if
visible emissions extend to any occupied place that is not owned or operated by the
owner or operator of the open outdoor fire;
307.8 Use a high temperature mechanical burner to ignite and maintain the open outdoor
fire; and
307.9 Only burn vegetative materials.
308 OPEN OUTDOOR FIRES FOR WATERSHED REHABILITATION OR
CONTROL: The owner or operator of any open outdoor fire declared necessary by the
federal government or any of its departments, agencies, or agents, or the State of Arizona or
any of its agencies, departments, or subdivisions, for the purpose of watershed rehabilitation
or control through vegetative manipulation shall comply with all of the following
requirements.
308.1 Comply with general requirements in Section 302 of this rule;
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308.2 Comply with the permit requirements in Section 303 of this rule;
308.3 Comply with the recordkeeping requirements in Section 501.1 of this rule;
308.4 Not ignite or maintain the open outdoor fire during a restricted-burn period; and
308.5 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day; and
308.6 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day.
309 OPEN OUTDOOR FIRES FOR DESTRUCTION OF TUMBLEWEEDS: The
owner or operator of an open outdoor fire for the destruction of tumbleweeds to prevent a
fire hazard, shall comply with all of the following requirements, as applicable depending on
the location of the open outdoor fire.
309.1 Within all portions of Maricopa County, the owner or operator shall:
a. Comply with general requirements in Section 302 of this rule;
b. Comply with the permit requirements in Section 303 of this rule;
c. Comply with the recordkeeping requirements in Section 501.1 of this rule;
d. Not ignite or maintain the open outdoor fire during a restricted-burn period;
e. Not ignite the open outdoor fire on a Saturday, Sunday, or any holiday observed
by Maricopa County;
f. Cut and place the tumbleweeds in small piles (less than 15 feet in diameter)
before igniting the open outdoor fire;
g. Allow the tumbleweeds to dry before igniting the open outdoor fire. If it is not
feasible to allow the tumbleweeds to dry, use a high temperature mechanical
burner to ignite and maintain the open outdoor fire; and
h. Extinguish the open outdoor fire if emissions are limiting visibility on a roadway,
or if visible emissions extend to any occupied place that is not owned or
operated by the owner or operator of the open outdoor fire, or if winds are
blowing tumbleweeds out of piles.
309.2 Within Area A, the owner or operator shall:
a. Not ignite the open outdoor fire between May 1 and September 30;
b. Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m.
and completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
and
c. Between April 1 and April 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day.
309.3 Outside Area A, the owner or operator shall:
a. Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m.
and completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
and
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b. Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m.
and completely extinguish the open outdoor fire by 6:00 p.m. on the same day.
310 OPEN OUTDOOR FIRES FOR AGRICULTURAL LAND CLEARING: The owner
or operator of an open outdoor fire for burning of indigenous scrub for the purpose of
agricultural operations in non-urban areas of low population, shall comply with all of the
following requirements, as applicable depending on the location of the open outdoor fire.
310.1 Within all portions of Maricopa County, the owner or operator shall:
a. Comply with general requirements in Section 302 of this rule;
b. Comply with the permit requirements in Section 303 of this rule;
c. Comply with the recordkeeping requirements in Section 501.1 of this rule;
d. Not ignite or maintain the open outdoor fire during a restricted-burn period; and
e. Remove all materials other than indigenous scrub, including but not limited to,
wood, rubber, tires, dirt, and metal, before igniting the open outdoor fire.
310.2 Within Area A, the owner or operator shall:
a. Not ignite the open outdoor fire between May 1 and September 30;
b. Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m.
and completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
and
c. Between April 1 and April 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day.
310.3 Outside Area A, the owner or operator shall:
a. Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m.
and completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
and
b. Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m.
and completely extinguish the open outdoor fire by 6:00 p.m. on the same day.
311 OPEN OUTDOOR FIRES FOR WARMTH FOR HUMAN BEINGS: The owner or
operator of an open outdoor fire, that is ignited to provide warmth for human beings, shall
comply with all of the following requirements, as applicable depending on the location of the
open outdoor fire.
311.1 Within all portions of Maricopa County, the owner or operator shall:
a. Comply with general requirements in Section 302 of this rule;
b. Check the burn restrictions advisory webpage or call the air quality hotline each
day, prior to igniting the open outdoor fire, to determine whether a restricted
burn period has been declared;
c. Not ignite or maintain the open outdoor fire during a restricted-burn period; and
d. Only ignite seasoned wood.
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311.2 Within Area A, the owner or operator shall not ignite the open outdoor fire between
May 1 and September 30.
312 OPEN OUTDOOR FIRES FOR RECREATIONAL PURPOSES: The owner or
operator of an open outdoor fire, that is ignited for recreational purposes, including but not
limited to, bonfires, campfires, and fire pits, shall comply with all of the following
requirements, as applicable depending on the location of the open outdoor fire.
312.1 Within all portions of Maricopa County, the owner or operator shall:
a. Comply with general requirements in Section 302 of this rule;
b. Check the burn restrictions advisory webpage or call the air quality hotline each
day, prior to igniting the open outdoor fire, to determine whether a restricted
burn period has been declared;
c. Not ignite or maintain the open outdoor fire during a restricted-burn period; and
d. Only ignite seasoned wood.
312.2 Within Area A, the owner or operator shall not ignite the open outdoor fire between
May 1 and September 30.
313 OPEN OUTDOOR FIRES FOR BRANDING OF ANIMALS: The owner or operator
of an open outdoor fire that is ignited to heat tools used for the branding of animals shall
comply with all of the following requirements, as applicable depending on the location of the
open outdoor fire.
313.1 Within all portions of Maricopa County, the owner or operator shall:
a. Comply with general requirements in Section 302 of this rule;
b. Check the burn restrictions advisory webpage or call the air quality hotline each
day, prior to igniting the open outdoor fire, to determine whether a restricted
burn period has been declared;
c. Not ignite or maintain the open outdoor fire during a restricted-burn period; and
d. Only ignite seasoned wood.
313.2 Within Area A, the owner or operator shall not ignite the open outdoor fire between
May 1 and September 30.
314 FIRES FOR COOKING: The owner or operator of an open outdoor fire that is used for
cooking, and the owner or operator of an appliance that burns solid fuel and is used for the
cooking, smoking, or flavoring of food, shall comply with all of the following requirements:
314.1 Comply with general requirements in Section 302 of this rule;
314.2 Only ignite seasoned wood;
314.3 During a restricted burn period:
a. A fire shall only be established to cook, smoke, or flavor food for immediate
human consumption;
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b. Cooking, smoking, or flavoring of food must begin without delay once the fire
has been established;
c. The fire must be extinguished without delay once all parts of the food are
suitable for immediate human consumption; and
d. The dimensions of the fire shall not exceed 2 square feet, unless a larger fire is
necessary to ensure that all parts of the food will reach the minimum safe
internal temperature recommended by the United States Department of
Agriculture.
315 OPEN OUTDOOR FIRES FOR ORCHARD HEATERS: The owner or operator of
an open outdoor fire that is ignited for purposes of frost protection in agricultural
operations, including but not limited to farms, orchards, and nurseries, shall comply with the
general requirements in Section 302 of this rule.
316 OPEN OUTDOOR FIRES FOR PROPER DISPOSAL OF FLAGS: The owner or
operator of an open outdoor fire that is ignited for proper disposal of the flag of the United
States in accordance with 4 U.S.C. § 8 shall comply with all of the following requirements:
316.1 Comply with general requirements in Section 302 of this rule;
316.2 Only ignite seasoned wood;
316.3 Disposal must begin without delay once the open outdoor fire has been established;
and
316.4 The open outdoor fire shall be extinguished without delay once the flag has been
reduced to ash.
317 OPEN OUTDOOR FIRES FOR DISPLAY OF PYROTECHNICS: The owner or
operator of an open outdoor fire that is ignited as part of a pyrotechnic display for a musical,
cinematic, or theatrical function shall comply with the general requirements for open
outdoor fires in Section 302 of this rule.
318 OPEN OUTDOOR FIRES FOR FIRE EXTINGUISHER TRAINING: The owner
or operator of an open outdoor fire that is used for fire extinguisher training shall:
318.1 Comply with general requirements in Section 302 of this rule;
318.2 Comply with the recordkeeping requirements in Section 501.1 of this rule;
318.3 Only burn a small amount of flammable liquid in a non-combustible container or on
a non-combustible pan;
318.4 Not combust more than 2 gallons of flammable liquid per day;
318.5 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
318.6 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day;
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318.7 Check the burn restrictions advisory webpage or call the air quality hotline each day,
prior to igniting the open outdoor fire, to determine whether a restricted burn period
has been declared; and
318.8 Not ignite or maintain the open outdoor fire during a restricted-burn period, unless
the fire is necessary for NFPA 1001 required training and all of the following
requirements are met:
a. The cumulative duration of the open outdoor fire shall not exceed 2 hours in any
24-hour period;
b. Permission to burn shall be requested in writing and include the date and time of
the training, the cumulative duration of the open outdoor fire; and the type and
amount of materials to be burned; and
c. The open outdoor fire shall not be ignited unless permission is granted in writing
by the Control Officer for each day of NFPA 1001 required training. The
Control Officer will base the decision to grant or deny permission to burn based
on expected meteorological conditions and expected emissions from the open
outdoor fire. The Control Officer may cancel permission to ignite the open
outdoor fire if the Control Officer has reason to believe atmospheric conditions
have changed.
319 OPEN OUTDOOR FIRES FOR DISPOSAL OF DANGEROUS MATERIAL: The
owner or operator of an open outdoor fire for disposal of dangerous material shall:
319.1 Obtain a permit for an open outdoor fire for the disposal of dangerous materials
from the Arizona Department of Environmental Quality;
319.2 Comply with general requirements in Section 302 of this rule, except that prohibited
materials can be burned;
319.3 Burn or dispose of the dangerous material in accordance with A.A.C. R18-2-602;
319.4 Check the burn restrictions advisory webpage or call the air quality hotline each day,
prior to igniting the open outdoor fire, to determine whether a restricted burn period
has been declared;
319.5 Not ignite or maintain the open outdoor fire during a restricted-burn period;
319.6 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day; and
319.7 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day.
320 OPEN OUTDOOR FIRES FOR TESTING POTENTIALLY EXPLOSIVE-
CONTAINING PRODUCTS IN ACCORDANCE WITH DEPARTMENT OF
TRANSPORTATION (DOT) OR DEPARTMENT OF DEFENSE (DOD)
GUIDELINES: The owner or operator of an open outdoor fire for testing potentially
explosive containing, flammable, or combustible products (e.g. automotive airbags, rocket
motors, gas generators, and vehicular assemblies) in accordance with DOT or DOD
guidelines, shall:
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320.1 Comply with general requirements in Section 302 of this rule, except that prohibited
materials can be burned;
320.2 Comply with the permitting requirements in Section 303 of this rule, unless:
a. The testing is for purposes of hazard classification, packaging performance,
propagation, and/or mass fire;
b. The testing area is controlled; and
c. Total emissions from all fires ignited for purposes of hazard classification,
packaging performance, propagation, and/or mass fire do not exceed any of the
permitting thresholds in Rule 200, Section 303.1.
320.3 Comply with the recordkeeping requirements in Section 501.2 of this rule;
320.4 Calculate emissions from the open outdoor fire using emission factors referenced in
AP-42 or using other means of quantification that have been approved by the
Control Officer and the Administrator;
320.5 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
320.6 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day;
320.7 Check the burn restrictions advisory webpage or call the air quality hotline each day,
prior to igniting the open outdoor fire, to determine whether a restricted burn period
has been declared; and
320.8 Not ignite or maintain the open outdoor fire during a restricted-burn period, unless
the Control Officer has granted permission to burn during the restricted-burn
period. Permission to burn during the restricted-burn period shall be obtained prior
to igniting the open outdoor fire. The Control Officer will grant permission to burn
during a restricted-burn period if emissions from the open outdoor fire will not
exceed two pounds of particulate matter per day.
321 OPEN OUTDOOR FIRES FOR TESTING POTENTIALLY EXPLOSIVE-
CONTAINING PRODUCTS FOR COMMERCIAL, MILITARY, OR LAW
ENFORCEMENT USE: The owner or operator of an open outdoor fire for testing
potentially explosive products for commercial, military, or law enforcement use shall:
321.1 Comply with general requirements in Section 302 of this rule, except the prohibited
materials can be burned;
321.2 Comply with the permitting requirements in Section 303 of this rule, unless:
a. The testing is for purposes of testing potentially explosive products for
commercial, military, or law enforcement use;
b. The testing area is controlled; and
c. Total emissions from all fires ignited for purposes of testing potentially explosive
products for commercial, military, and law enforcement use do not exceed any of
the permitting thresholds in Rule 200, Section 303.1.
321.3 Comply with the recordkeeping requirements in Section 501.2 of this rule;
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321.4 Calculate emissions from the open outdoor fire using emission factors referenced in
AP-42 or using other means of quantification that have been approved by the
Control Officer and the Administrator.
321.5 Between October 1 and March 31, ignite the open outdoor fire after 10:00 a.m. and
completely extinguish the open outdoor fire by 5:00 p.m. on the same day;
321.6 Between April 1 and September 30, ignite the open outdoor fire after 6:00 a.m. and
completely extinguish the open outdoor fire by 6:00 p.m. on the same day;
321.7 Check the burn restrictions advisory webpage or call the air quality hotline each day,
prior to igniting the open outdoor fire, to determine whether a restricted burn period
has been declared; and
321.8 Not ignite or maintain the open outdoor fire during a restricted-burn period, unless
the Control Officer has granted permission to burn during the restricted-burn
period. Permission to burn during the restricted-burn period shall be obtained prior
to igniting the open outdoor fire. The Control Officer will grant permission to burn
during a restricted-burn period if emissions from the open outdoor fire will not
exceed two pounds of particulate matter per day.
322 FIREPLACES, WOODSTOVES, AND CHIMINEAS AT COMMERCIAL AND
INSTITUTIONAL ESTABLISHMENTS: The owner or operator of any fireplace,
woodstove, or chiminea that combusts non-gaseous fuels and is located at a commercial or
institutional establishment shall:
322.1 Not ignite or combust any prohibited materials;
322.2 Only ignite seasoned wood;
322.3 Check the burn restrictions advisory webpage or call the air quality hotline each day,
prior to burning in the fireplace, woodstove, or chiminea, to determine whether a
restricted burn period has been declared; and
322.4 Not ignite or burn any non-gaseous fuel in the fireplace, woodstove, or chiminea
during a restricted-burn period.
302 OPEN OUTDOOR FIRES REQUIRED TO OBTAIN A BURN PERMIT: The types of
fires described in Sections 302.1 and 302.2 of this rule require a burn permit that is obtained
from the Control Officer prior to initiating the burn. Even after the Control Officer issues
the burn permit, the person conducting the fire shall call both the fire department and the
Control Officer to obtain permission to burn for each day. The Control Officer shall base
his decision to approve or deny permission to burn on National Weather Service forecasts or
other meteorological analyses that are indicative of a Restricted-Burn Period. See Section 402
of this rule for additional requirements regarding burn permits.
302.1 Fires Prohibited During Restricted-Burn Periods in Maricopa County, but Allowed
From May 1 through September 30 Each Year in Area A:
a. Open outdoor fires that are declared necessary by the County Agricultural Agent,
when such fires have been determined as essential for the purposes of disease
and/or pest prevention and certified by actual investigations by the County
Agricultural Agent.
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b. Open outdoor fires for the control of weeds for the prevention of fire hazards,
when such fires are declared necessary by a public officer in the performance of
his official duties.
c. Open outdoor fires for fire fighting training and fire fighting training areas and
structures. See Section 303.2 (b) of this rule for an exemption to this
requirement.
d. Open outdoor fires for the burning of agricultural ditchbanks and fence rows
where other reasonable mechanical, chemical, or other methods of removal are
not available. In addition:
(1) A high-temperature mechanical burner must be used to burn ditchbanks,
canal laterals, and/or fence rows.
(2) Burning ditchbanks and/or fence rows is not allowed during a restricted-
burn period from October 1 through February 29, unless such fires are
required in the performance of an official duty of any public office, or such
fires are necessary to thwart or prevent a hazard that cannot be properly
managed by any other means, or are necessary for the protection of public
health.
(3) An on-site inspection by the Control Officer must be conducted to verify
that only vegetative materials will be burned.
(4) After an initial on-site inspection by the Control Officer has been completed,
a Burn Permit may be issued for the same location(s) without having to
conduct additional initial on-site inspections. However, periodic
unscheduled, on-site inspections may be conducted by the Control Officer
on days when such burning has been authorized by the Burn Permit.
e. Open outdoor fires declared necessary by the federal government or any of its
departments, agencies, or agents, or the state or any of its agencies, departments,
or subdivisions for the purpose of watershed rehabilitation or control through
vegetative manipulation.
302.2 Fires Prohibited During Restricted-Burn Periods in Maricopa County and Also
Prohibited from May 1 to September 30 Each Year in Area A:
a. Open outdoor fires for the destruction of tumbleweeds for the prevention of fire
hazards in cases where other reasonable methods are not available.
(1) Tumbleweeds must be cut, piled, and dried before burning.
(2) A high temperature mechanical burner may be used to burn undried
tumbleweeds in situations where it is not feasible to allow natural drying.
(3) A high temperature mechanical burner must be used to burn tumbleweeds
growing along canal laterals and fence rows.
b. Open outdoor fires for the burning of indigenous scrub vegetation cleared for
the purpose of agricultural operations in non-urban areas of low population
where other reasonable methods are not available.
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(1) The Control Officer shall issue such Burn Permit only once per geographical
location.
(2) An on-site inspection must be conducted to determine removal of all other
materials (e.g. wood, rubber, tires, dirt and metal) before the issuance of the
Burn Permit.
303 OPEN OUTDOOR FIRES NOT REQUIRED TO OBTAIN A BURN PERMIT: The
person conducting any type of fire listed in Section 303 of this rule does not need to obtain a
burn permit. However, the person conducting the fire may be required to contact the
Control Officer for permission to burn prior to igniting the fire when specified below in
Subsections 303.1 through 303.4.
303.1 Fires Allowed at Any Time of the Year in Maricopa County or Area A:
a. Cooking for immediate human consumption.
b. Orchard heaters for frost protection in farming or nursery operations.
c. Proper disposal of flags under 4 U.S.C. § 8.
d. The display of fireworks for recreational purposes or pyrotechnics for musical or
cinematic/theatrical functions.
303.2 Fires Prohibited During Restricted-Burn Periods in Maricopa County: The person
conducting any type of fire listed in Section 303.2 of this rule shall first call the
County Air Quality Updates Hotline to hear the recorded message or check local
government web sites to determine whether a Restricted-Burn Period has been
declared each day. If that is the case, then open outdoor burning is prohibited.
a. Fire extinguisher training. This exemption from needing a burn permit applies
only when the training is limited to using a small amount of flammable liquid and
a small container (i.e. a wastepaper basket or a flat pan).
b. Fire fighting training, training areas and training structures are exempt from
needing a permit if the sole source of flame is a burner fueled by either liquefied
petroleum gas or natural gas, with a British Thermal Unit (BTU) input per hour
rating of less than 2,000,000 BTUs.
c. Disposal of dangerous material must be conducted in compliance with the
Arizona Department of Environmental Quality's (ADEQ's) regulations.
303.3 Fires Prohibited During Restricted-Burn Periods in Maricopa County and Also
Prohibited from May 1 Through September 30 Each Year in Area A: The person
conducting any type of fire listed in Section 303.3 of this rule shall first call the
County Air Quality Updates Hotline to hear the recorded message or check local
government web sites to determine whether a restricted-burn period has been
declared. If that is the case, then open outdoor burning is prohibited.
a. Warmth for human beings.
b. Recreational purposes.
c. Wood-burning chimineas and outdoor pits.
d. Branding of animals.
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303.4 Fires for testing of potentially explosive-containing products during restricted-burn
periods: The person conducting any type of fire listed in Section 303.4 of this rule
shall keep and submit records as specified in Section 501 of this rule and call the
County Air Quality Updates Hotline prior to burning to hear the recorded message
or check local government web sites to determine whether a restricted-burn period
has been declared. If a restricted-burn period has been declared, the person
conducting the fire is required to contact the Control Officer for permission to burn
prior to igniting the fire. Particulate emissions from the fires for testing of potentially
explosive-containing products must not exceed two pounds per day for this
permission to burn to be granted. The amount of particulate emissions are to be
calculated using emission factors referenced in AP-42 or using other means of
quantification that have been approved by the Control Officer and the
Administrator.
a. Testing of potentially explosive-containing, flammable, or combustible products
(e.g., automotive airbags, rocket motors, gas generators, and vehicular
assemblies) in accordance with Department of Transportation (DOT) or
Department of Defense guidelines. This exemption from needing a burn permit
refers to testing of hazard classification, packaging performance, propagation,
and/or mass fire, but only when the testing area is controlled, is relatively small,
and when the testing is not considered to be nor is associated with the disposal
of dangerous material.
b. Testing of potentially explosive-containing products for commercial, military, or
law enforcement use. This exemption from the requirement to obtain a burn
permit applies only when the testing area is controlled, is relatively small, and
when the testing is not considered to be nor is associated with the disposal of
dangerous material.
304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR: Prior to conducting
an open outdoor fire in an air curtain destructor shall obtain a Title V permit from ADEQ
and a site-specific Burn Plan approved by the Control Officer. See the Appendix to Rule 314
for further requirements for the use of air curtain destructors. See Section 406 of this rule
for Burn Plan Applications and Conditions.
305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED PER
SECTIONS 302, 303, AND 304:
305.1 Prohibited materials cannot be burned in open outdoor fires except as provided in
Sections 303.2 and 303.4.
305.2 Open outdoor fires cannot be conducted before the hour of 10 a.m. and after 5 p.m.
from October 1 to March 31 and before the hour of 6 a.m. and after 6 p.m. from
April 1 to September 30 except as provided in Sections 302.1(c), 303.2(b), and 303.3.
305.3 Open outdoor fires cannot be conducted during any weekends or holidays except as
provided in Sections 302.1(c), 303.1, 303.2(b), and 303.3.
305.4 Fire extinguishing equipment shall be available at all times during open outdoor fires.
305.5 An attendant shall be present at all times during open outdoor fires for the duration
of the burn.
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305.6 Open outdoor fires shall never be initiated with items that cause the production of
black smoke.
305.7 An air curtain destructor must be used for the burning of certain vegetative materials
greater than 6 inches in diameter and an on-site inspection must be conducted before
burning.
306 PROHIBITION - BURNING IN INDOOR FIREPLACES: Burning in indoor fireplaces
that use any fuels other than gaseous fuels, including gas logs, at commercial and institutional
establishments is prohibited during Restricted-Burn Periods in Maricopa County. The owner
or operator of a commercial or institutional fireplace shall first call the County Air Quality
Updates Hotline to hear the recorded message or check local government web sites to
determine whether a Restricted-Burn Period has been declared. If that is the case, then
burning is prohibited except if using gaseous fuels.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS FOR BURN PERMITS AND
BURN PLANS
401 FEES REQUIRED: A fee shall be charged for a Burn Permit or the approval of each site
specific Air Curtain Destructor Burn Plan as set forth in Rule 280 (Fees) of these rules.
402 BURN PERMIT APPLICATION: A person shall file with the Control Officer, on a
form prescribed by the Control Officer, a Burn Permit burn permit application and the
complete application fee as described in Rule 280 (Fees) of these rules. The Control Officer
shall act on a Burn Permit burn permit application and shall notify the applicant within 14
calendar days of the filing of the completed a complete burn permit application.
402.1 A separate Burn Permit burn permit application is required for each burn site
location not contiguous to the location on the original Burn Permit application. A
burn site location is one of the following:
a. Contiguous areas under the same ownership; or
b. A geographic area not exceeding one mile in length or width where all areas on
which burning will occur are under the same ownership.
402.2 The Control Officer shall conduct an on-site inspection before issuing the Burn
Permit.
402.3 402.2 The issuance of a Burn Permit burn permit does not relieve the permittee from any
of the requirements of a fire department having jurisdiction, including but not
limited to having the Burn Permit burn permit validated by such fire department.
402.4 402.3 Permission given by a Public Officer for setting any fire given by a public officer in
the performance of official duty under Sections 300 through 304, 305, or 308 of this
rule shall be given in writing and a copy of the written permission shall be
transmitted immediately to the Control Officer. The setting of any such fire shall be
conducted in a manner and at such times as approved by the Control Officer, unless
doing so would defeat the purpose of this exemption. The written permission from
the Public Officer shall include one of the following statements:
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a. The open outdoor fire has been determined essential for the purposes of disease
or pest prevention and has been certified by actual investigations conducted by
the Arizona Department of Agriculture;
b. The open outdoor fire is necessary for the control of weeds or for the prevention
of fire hazards; or
c. The open outdoor fire is necessary for the purposes of watershed rehabilitation
or control through vegetative manipulation.
402.5 402.4 If a person has obtained a Title V Permit, a Non-Title V Permit, or authority to
operate under a General Permit under Regulation II (Permits and Fees) of these rules
that includes condition(s) regarding open outdoor fires, then such person shall not
be required to obtain a separate Burn Permit burn permit from the Control Officer.
An owner or operator of an air curtain destructor that has obtained a Title V permit
from the ADEQ shall submit a burn plan for each burn site location to the Control
Officer as described in the Appendix to Rule 314 Section 407 of this rule.
402.5 Each burn permit application shall include all of the following information:
a. The name, address, and contact information for the burn permit applicant;
b. A description of the burn location (including address(es), parcel number(s), or
GIS coordinates);
c. The date and time when burning will occur;
d. The type of material that will be combusted; and
e. The name and contact information of the person(s) authorized to ignite and
extinguish the open outdoor fire if an order to extinguish open burning is issued.
403 BURN PERMIT CONDITIONS: Each burn permit issued under this rule shall include
enforceable permit conditions that are relevant for the types of fires that require a burn
permit. The Control Officer may impose any additional permit conditions that are necessary
to ensure compliance with Federal laws, State laws, or these rules. Burn Permit condition(s)
may include, but are not limited to, burning hours, notification of intent to burn, and Burn
Permit posting.
404 BURN PERMIT AND BURN PLAN INSPECTIONS: The Control Officer shall
conduct an on-site inspection before issuing a burn permit or approving a burn plan. The
purpose of the inspection is to ensure that the information provided in the burn permit
application or burn plan application is accurate and complete and that no prohibited
materials will be burned, except as provided in Sections 319, 320, and 321 of this rule. After
an initial on-site inspection by the Control Officer has been completed, a burn permit may
be issued for the same location(s) without having to conduct additional initial on-site
inspections. However, periodic unscheduled, on-site inspections may be conducted by the
Control Officer.
404 405 BURN PERMIT DENIAL: The Control Officer shall deny a Burn Permit burn permit
application if the material or operations do not meet the criteria described in this rule. If the
purpose of burning is removal of indigenous scrub vegetation, the Control Officer shall deny
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a burn permit application if the Control Officer has previously issued a burn permit for the
same geographical location.
405 406 BURN PERMIT TERMS: A Burn Permit burn permit shall be issued for the following
terms:
405.1 406.1 Disease/Pest Prevention: 30 days from date of issuance
405.2 406.2 Fire Hazard: 30 days from date of issuance
405.3 406.3 Tumbleweeds: 30 days from date of issuance
405.4 406.4 Ditchbank/Fence Row: 1 year from date of issuance
405.5 406.5 Fire Fighting Training/Structures Instruction: 1 year from date of issuance
406.6 Indigenous Scrub Vegetation/Agricultural Land Clearance: 30 days from date of
issuance
406.7 Watershed Rehabilitation: 30 days from date of issuance
406 407 BURN PLAN APPLICATION AND CONDITIONS: In order to use an air curtain
destructor, An owner or operator of an air curtain destructor that has obtained a Title V
permit from the ADEQ shall obtain an approved site-specific burn plan for each burn site
location. To obtain an approved site-specific burn plan, a person shall file with the Control
Officer, on a form prescribed by the Control Officer, a Burn Plan burn plan application and
the complete application fee as described in Rule 280 (Fees) of these rules. The Control
Officer shall act on a Burn Plan burn plan application and shall notify the applicant within
14 calendar days of the filing of the completed a complete burn plan application.
406.1 407.1 A separate, site-specific Burn Plan burn plan application is required for each burn
site location not contiguous to the location. A burn site location is one of the
following:
a. Contiguous areas under the same ownership; or
b. A geographic area not exceeding one mile in length or width where all areas on
which burning will occur are under the same ownership.
406.2 407.2 A Burn Plan Application burn plan application shall be site-specific and shall list the
following, at a minimum:
a. Notification of intent to burn;
b. The anticipated dates and hours of the burn;
c. The type and quantity of fuel that will be used;
d. The type of material burned;
e. The legal location, to the nearest township, range and section or latitude and
longitude, to the nearest degree minute, street address, or parcel number;
f. The Burn Plan burn plan posting; and
g. The listing of the air curtain destructor's requirements as outlined in Section A of
the Appendix to this rule.
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406.3 407.3 The Control Officer shall conduct an on-site inspection before approving the Burn
Plan Application burn plan application. The purpose of the inspection is to ensure
that the information provided in the burn plan application is accurate and complete,
and that no prohibited materials will be burned.
406.4 407.4 The issuance of a Burn Plan approval of a burn plan does not relieve the permittee
from any of the requirements of a fire department having jurisdiction, including but
not limited to having the Burn Plan burn plan validated by such fire department.
406.5 407.5 The Control Officer may impose any conditions that are necessary to ensure
compliance with Federal laws, State laws, or these rules.
406.6 407.6 The Control Officer shall deny a Burn Plan burn plan application if the material or
operations do not meet the criteria described in this rule.
SECTION 500 – MONITORING AND RECORDS
501 RECORDKEEPING AND REPORTING:
501.1 The owner or operator of an open outdoor fire that is subject to Section 304, 305,
306, 307, 308, 309, 310, 318, or 319 of this rule, shall submit the following
information shall be provided to the Control Officer for each time that open burning
occurs for persons and operations subject to Sections 302, 303.2(c), or 304. This
information shall be provided on a daily basis either by writing, fax, or electronically
and shall include:
a. The date of the burn; and
b. The type and quantity of fuel burned for each date open outdoor burning occurs;
and
c. The fire type such as a pile or windrow for each date that open outdoor burning
occurs; and
d. The legal location, to the nearest township, range and section, or latitude and
longitude, to the nearest degree minute, street address, or parcel number.
501.2 For persons and operations subject to Sections 303.4 The owner or operator of an
open outdoor fire that is subject to Section 320 or Section 321 of this rule, shall
submit the following information shall be provided to the Control Officer for each
day that such testing is conducted. This information shall be provided on a daily
basis either by writing, fax, or electronically and shall include:
a. The date of the testing;
b. The time of day of testing;
c. The legal location of such testing, to the nearest township, range and section, or
latitude and longitude, to the nearest degree minute, street address, or parcel
number;
d. The unit designation (if applicable) (e.g. part number and test item description);
e. The quantity of units tested;
f. The type and quantity of material burned;
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g. The total charge weight per unit tested;
h. The total weight of airborne particulate matter and gaseous pollutant effluents
produced per test unit;
i. The test procedure used;
j. The duration of burn of each test unit; and
k. The estimated emissions resulting from the testing.
502 RECORDS RETENTION:
502.1 Maricopa County shall retain permits issued for open burning available for
inspection by the ADEQ for five years.
502.2 For each permit issued, Maricopa County shall have a means of contacting the
person authorized by the permit to set an open fire, if an order to extinguish open
burning is issued by either the County or ADEQ. Therefore the permit application
must contain the name of a contact person and shall list a means of contacting that
person.
503 PROGRAM REVIEW:
503.1 Maricopa County shall hold or attend a public meeting annually for interested parties
to review operations of the open outdoor fire program and discuss emission
reduction techniques.
503.2 Maricopa County shall annually submit to the ADEQ a record of daily burn activity
by May 15 of each calendar year.
MARICOPA COUNTY Return to list of attachments
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 314
OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND
INSTITUTIONAL ESTABLISHMENTS COMMERCIAL/INSTITUTIONAL SOLID FUEL
BURNING
APPENDIX
REQUIREMENTS FOR AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES
DESTRUCTORS
A. Air Curtain Destructor Requirements: The following must be complied with prior to
approval of an air curtain destructor by the Control Officer:
1. The length of the firebox must not exceed the length of the plenum air curtain.
2. The firebox shall be lined with refractory materials.
3. The depth of the firebox shall be of such a distance to allow all burning material to be
below the curtain of air created by the air curtain destructor.
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4. The width of the firebox shall not extend beyond the length of the nozzle action exceed
the width of the air curtain.
5. The firebox must have 4 stable, vertical sides.
6. When Each time an air curtain destructor locations are changed is moved, an inspection
of the newly located air curtain destructor must be made by the Control Officer prior to
burning.
B. Equipment Set-Up:
1. An owner or operator of an air curtain destructor shall use a firebox and not a pit or
trench to conduct open outdoor burning.
2. The equipment must be positioned so as to allow the blower’s airflow to strike at a
downward angle no less than 24 inches below the opposite rim of the firebox.
3. There shall be at least 1,000 feet between any two air curtain destructors.
4. An air curtain destructor shall be located at least 500 feet from any residence or building
structure.
5. An air curtain destructor shall be located at least 500 feet from any fuel pipeline or fuel
storage area.
6. An air curtain destructor shall be located at least 250 feet from any power lines.
7. Material that is not being worked or is being stockpiled to be burned at a later date by
using an air curtain destructor shall be kept at least 75 feet from the air curtain destructor
while the burn is taking place.
C. Operation of Blower:
1. The proper blower speed All equipment must be operated and maintained according to
manufacturer's specifications and the equipment manual.
2. The blower must be operating when and as long as any material in the firebox is burning.
D. Loading of the Firebox:
1. When loading (feeding) the firebox, the material must not extend above the air curtain
(blower airflow).
2. The loading of materials into the firebox must be discontinued at a minimum of 2 hours
prior to the end of the designated burning hours. The blower must continue to operate
until the end of the burning hours or until combustion is completed.
3. Adequate measures must be taken to assure that no emissions emanate from materials
left in the firebox (i.e., when combustion is completed). All materials left in the firebox
must be extinguished with water or covered over with a minimum of 1 foot of mineral
soil.
E. Firebox Clean-Out: All materials removed from the firebox must be completely
extinguished and all reasonable precautions taken to control emissions.
F. Burning Hours for Air Curtain Destructors: The following burning hours apply :
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• April – September 6 a.m. – 6 p.m.
• October – March 10 a.m. – 5 p.m.
While complying with the above schedule, the permittee must also obtain permission from
the Control Officer on each day of burning. Burning using an air curtain destructor is not
authorized on weekends nor on holidays. Prohibited materials shall never be burned in an air
curtain destructor.
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MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES
Monday, April 22, 2019 at 3:00 pm
301 W. Jefferson Street, 10th Floor, Phoenix, Arizona 85003
Board of Supervisors Conference Room
Return to list of attachments
President Hughes called the meeting to order at 3:01 p.m.
ROLL CALL:
Members Present: Members Not Present:
Don Cassano
Henri Cournand
Robert MacMillan
Kristen Acton
Andrew Rascón (via phone)
Nedra Halley
Don Hughes
Debra Baldauff
Bill Gates
Ex-Officio: Max Porter
CALL TO THE PUBLIC:
President Hughes announced that we have speaker slips for anyone wishing to speak on any action items. Speakers will
be called after the item is heard. Each speaker will have 2 minutes to speak.
No speaker slips were received.
DISCUSSION/ACTION ITEMS
1. Approval of Minutes: President Hughes asked for a motion to approve the BOH minutes from the BOH Meeting
held on February 25, 2019. Motion was made by Mr. Cassano to approve the BOH minutes as presented. Motion was
seconded by Mr. MacMillan and all were in favor. The motion passed unanimously.
2. Fee Waiver Applications Ms. Jeannie Taylor
Ms. Jeannie Taylor presented 27 fee waivers for review and consideration of approval. A summary sheet document was
provided.
Motion to approve the 27 fee waivers applications was made by Ms. Halley, seconded by Mr. Cassano and all were in
favor. The motion passed unanimously.
3. Approval of expedited process rulemaking for the following rules: Gregory Verkamp
Kimberly Butler
A. AQ-2017-012
Rule 314 (Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments)
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 314 to clarify what types of open
outdoor fires are allowed in Maricopa County, when each type of fire is allowed, and which requirements are associated
with each type of fire, to incorporate MCAQD policies related to agricultural flame cultivation and firefighter training
during restricted burn periods and to make other changes to improve and clarify the rule.
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B. AQ-2019-002
Ordinance P-26 (Residential Woodburning Restriction Ordinance)
The MCAQD is proposing to revise Ordinance P-26 to clarify the types of fires and woodburning devices that are subject
to Ordinance P-26, to prohibit the use of any fuel other than seasoned wood and to make other changes to improve and
clarify the rule.
Gregory Verkamp and Kimberly Butler presented 2 rules for approval of expedited process. Mr. MacMillan was
concerned because this is impacting so many people. President Hughes spoke up stating that Air Quality has done
everything in they can do to get the word out. This is the beginning of the process and EPA will ultimately have to
approve the rule. They want to get this process completed before our no burn season starts.
Motion to approve expedited process rulemaking for AQ-2017-012, Rule 314 (Open Outdoor Fires and Indoor
Fireplaces at Commercial and Institutional Establishments) and AQ-2019-002, Ordinance P-26 (Residential Wood
burning Restriction Ordinance) was made by Mr. Cournand, seconded by Ms. Halley. The motion passed with 8 votes
in favor and 1 (Mr. MacMillan) against.
4. Approval of expedited process for the following Enhanced Regulatory Outreach Process (EROP) Case:
Ken Conklin
EROP Case ES-2019-001/Maricopa County Transfer Station Fee Revisions
Ken Conklin and Brian Kehoe presented EROP Case ES-2019-001/Maricopa County Transfer Station Fee Revisions for
approval of expedited process.
Approve the proposed Maricopa County Environmental Health Code (MCEHC) revision for the Enhanced Regulatory
Outreach Program (EROP) Expedited Process.
The Department has not received comments either for or against this EROP case. In addition, no stakeholders attended
the April 3, 2019 stakeholder meeting. Approximately 175 flyers were handed out at the transfer stations for about 2
weeks informing citizens about the stakeholder meeting.
Staff recommends the Board of Health approves this MCEHC revision proposal for the EROP Expedited Process.
Transfer station operational expenses have increased as a result of additional citizen demand, which in turn has caused
a revenue deficit for Maricopa County Waste Resources and Recycling (MCWRR). To maintain compliance with A.R.S §
49-741, which requires providing or ensuring solid waste public facility services are available for citizens, MCWRR fee
changes are proposed.
This MCEHC proposal is following the EROP policy and workflow process. In accordance with the Maricopa County
Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed
with this case in early February 2019. Also, the Board of Supervisors were briefed by March 2019.
Handouts included County Manager Case Approval Memo and the Presentation from the Stakeholder Meeting on April
3, 2019.
County Manager Case Approval Memo states: County Manager Approval – Enhanced Regulatory Outreach Process
(EROP) Case ES-2019-001 – Fee Proposal for Transfer Stations Located within Maricopa County.
In accordance with the “Moratorium on Increased Regulatory Burdens” Resolution C-44-13-104-M-02 adopted by the
Maricopa County Board of Supervisors on January 10, 2018, the Environmental Services Department is seeking your
approval to initiate changes to the Maricopa County Waste Resources and Recycling fees charged to citizens for the use
of waste transfer stations.
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This proposal qualifies for County Manager approval under the moratorium, as these changes will increase fees to use
transfer stations within Maricopa County. The new EROP case would be ES-2019-001 – Fee Proposal for Transfer Stations
Located within Maricopa County, and will follow the EROP policy and workflow.
Maricopa County has more than 72,502 citizens that rely on our six transfer stations located in the more rural areas of
the county because they have no access to municipal trash services. Increases in costs associated with disposal of trash,
economic impacts and increased demand have caused a deficit in revenues and expenses for the county. In an effort to
continue to comply with A.R.S. § 49-741, Environmental Services is proposing a change in the Waste Resources and Recycling fees.
Maricopa County Internal Audit has recommended that the department review its current budget and fee structure in order to fully or partially
recover the county’s cost in the transfer activity (TRAN). The current fees have not been adjusted for more than 10 years and have caused an
imbalance of more than $408,000 in expenses and revenues for the past 3 fiscal years.
This adoption is necessary to provide adequate and timely services to the citizens of Maricopa County and recover the County’s cost at its transfer
stations. We are requesting your approval to move this proposed revision forward in accordance with the Maricopa County Resolution,
“Moratorium on Increased Regulatory Burdens.”
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https://www.maricopa.gov/3366/accepted-items-fees
The proposed fees will be implemented over two years.
Mr. Cournand asked if they could quantify the shortfall. Mr. Kehoe responded that they currently take in approximately $290,000 in revenue
and costs to operate the 6 transfer stations is over $700,000 per fiscal year. The shortfall is $400,000 - $450,000 per fiscal year. Mr. Cournand
asked by adding the additional fees how much does that close the gap? Mr. Kehoe responded that the cost recovery would be about 51%. Mr.
Cournand asked what the increase fees would be to get to a full cost recovery. Mr. Kehoe responded that for a full cost recovery all at once they
would have to increase costs by over 200%. They didn’t want to increase the fees by that much, they didn’t think it would sit well with people so
they went with the phased approach.
President Hughes asked after the second fee increase goes into effect you’re still going to be $250,000 short. Who makes up the $250,000, the
County? Mr. Kehoe replied the County General Fund.
Ms. Acton stated this proposed plan is good in theory, was there another proposed plan that included a fee increase over the next 3-4 years that
covered all your costs instead of a partial band-aide? No, we did 3 different scenarios. We do full cost recovery, one with about 75% and one
with 51% and the one that seemed to get the most traction was the one with 51%. Ms. Acton asked in two years we’ll have to adjust again? Mr.
Kehoe replied in two years we can review and see where we’re at, if our costs have reduced or it’s possible that we could operate at less of a loss
than we do currently. Unless we close facilities down which we don’t intend to do I don’t see our costs going down.
Mr. Cassano stated that it’s important to provide the services at a cost that people will use it. It’s a balance, you don’t want the fees to be too
high. If they’re too high you run the risk of illegal dumping that cause other issues and potential health hazards.
Mr. Kehoe mentioned that it is hard to bench mark against as compared to other municipalities (counties and cities) as most have scales and
when someone brings in two tons they pay for two tons. They do not have scales so it’s harder to figure out.
Darcy Kober the Director of Environmental Services added that the 51% increase was 100% because of what you said. In looking at what we
thought was palatable but would also not create a problem for folks and cause an illegal dumping issue in the area or folks keeping it in their
property and then potentially having other public health implications as a result of that.
Darcy also explained that as part of this evaluation I want to also add that we are also looking at a more sophisticated POS (Point of Sale) System.
A system that could potentially give us some of that additional information in the next couple years. Currently it’s a pretty basic accounting system
that they have at these transfer stations. We don’t have scales and we have looked at the investment of scales and it was $100,000 per location.
We have to weigh that level of investment also but we are looking at increasing the Point of Sale System to start to characterize the waste a little
bit more. Even if it is still by car or truck or whatever but to look at what type of waste is in the vehicles so when we look at this in the future we
have additional information on the type of waste.
Mr. Cournand brought up that this is consumer buying. If I asked you to pay a dollar more for an apple you’re going to have a bigger reaction
than if ask you to pay a dollar more per car. When looking at the numbers, on year two for example when you are changing it to nine dollars why
not change it to a flat ten dollars and the six dollars why not make it seven or eight. If I’m going there and I know that it’s over five dollars I will
more than likely bring a ten dollar bill. If the charges are six dollars vs. seven or eight and if I get back three vs. four it’s not really that big of a
difference. Don’t tag them right now but on year two get a little more. I know you can’t look at every scenario but if you change the numbers
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some you can get closer to where you need. I’m really uncomfortable with knowing your just kicking the can and in a couple years you’ll still be
a quarter of a million to the bad. If you ease into it on year one and get a little more aggressive on year two it can help get you where you need
to be. Last I checked we are having more population so I’m assuming that’s going to exacerbate the issue that much more.
Motion to approve expedited process for the EROP Case ES-2019-001/Maricopa County Transfer Station Fee
Revisions was made by Mr. Cassano, seconded by Dr. Baldauff. The motion passed with 5 votes in favor and 3 (Mr.
Cournand, Mr. MacMillan and Ms. Acton) against.
Discussion Items:
1. Public Health Report Max Porter
Dr. Rebecca Sunenshine
I. Human Resources
II. Communication
III. Infrastructure
IV. Strategic Planning
V. Programs
VI. Disease Update
VII. Future Topics
Max Porter and Dr. Rebecca Sunenshine presented the Director’s Public Health Report.
Max passed out the press release from April 16, 2019 announcing the appointment of the new Public Health Director.
Maricopa County is pleased to announce the appointment of Marcy Flanagan, DBA, MPH, MA as its new Public Health
Director effective June 10, 2019. Flanagan currently serves as the director of Pima County Department of Public Health.
Marcy will be here to present the Public Health Report at our next meeting in July.
President Hughes thanked Max and Rebecca for all the hard work they have done to step up over the past year and a half
transition period. It’s been greatly appreciated.
Max went over the Shared Use Facility RFP
(https://www.bidsync.com/bidsync-app-web/vendor/links/BidDetail.xhtml?bidid=2037686&roundId=null)
Maricopa County Department of Public Health (MCDPH) is seeking partnerships with schools, hospitals, local
governments, community-based organizations, private employers, faith-based organizations, and other property owners
who would like to share their facilities for the purpose of increasing access to spaces where community residents are
able to:
- play, exercise, and take part in recreational activities; and/or
- grow healthy food and/or participate in nutrition-related activities
The total amount of funding for this project is $90,000. MCDPH will accept proposals on an open and continuous basis
until the available amount has been reached. MCDPH expects that applicants will submit proposals, attend a planning
workshop, submit action plans for approval, and that invoices will be submitted and dated no later than June 28, 2019.
However, the implementation of the project is expected to take place beyond June 28, 2019. Respondents may submit
proposals with project budgets of up to $5000 per host site (not per entity).
Full details and a copy of the request for quote (RFQ) are attached or can received by contacting Cheryl Rentscheler,
Procurement Officer @ (602) 506-6886 or at Cheryl.rentscheler@maricopa.gov
Interested candidates must submit their response to Cheryl Rentscheler as soon as possible but no later than May
31, 2019. Responses may be submitted either by mail or email.
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In the Finance meeting Scot mentioned the OPIOID grant that we’re applying for. This is a little different than most things.
Most of the time when we apply for a grant we are going up against the entire nation which is approximately 3141
counties and county equivalents. When you think about competing for an open grant like that it gets very difficult. This
is not quite like that, it’s a non-competitive grant. This is a cooperative agreement. The federal government did a
research study to see where the hot spots were with OPIOID deaths, OPIOID use and with other struggles with OPIOIDs.
It will go to each State and to the largest Local Health Department. For Arizona they funded the State for all of the rural
counties and they also funded Maricopa County separately. This cooperative agreement will bring in another 2.5 million
dollars to us at the start of September.
We’re excited about this, because we know there is a problem and we currently don’t have funding to address it. It’s a
struggle to know there is a problem that you need to do something with and not have the ability to touch it. This will
allow us to work in that area. The main focal points of this cooperative agreement is that you have to be working with
other organizations. They don’t want us to create a program that will eat up funding on administration. They want us to
work with organizations that already exist, to augment them, to support them and to help their programs to grow. As
the grant is awarded we will be able to tell you about the 5 areas we will be working in.
President Hughes brought up the fact that other potential monies will start coming in from all the OPIOID lawsuits.
Oklahoma has already settled and it will probably be spread. There will be lots of money available coming in from
different sources. As part of this grant we may want to be thinking about what do we do when additional money comes
in whenever it comes in.
Max said we are aware that should be happening and that’s one of the reasons we’re excited about this. It will allow us
to establish a foot print of what we want to do when the money comes in. You’ve heard it often that our department is
not funded like a lot of others throughout the country. I like that and the reason is it makes us utilize and think about
where we’re spending our money and do it effectively and efficiently. The last thing you want to do is have a large influx
of money and then spend it stupidly or not have a plan moving forward. That’s why we’re excited about this program
coming in so that we can establish a footprint and a direction that we want to go when the larger funding comes in.
There are 5 different areas that you have to hit with this agreement, you have to address how you will address each one
and who you will be working with in each one. Once that’s approved we will have a presentation for the board on the
OPIOID grant itself so you understand it and what we’re doing. When you see programs popping up perhaps not with
the Counties name or our name you’ll know that you have a hand in it and why we’re doing it.
Mr. Cournand asked if you only work with not for profit or for profit organizations for the grant. Max explained that
everything we do is through an RFP (request for proposal) process and the result of that process any organization could
be awarded, they could be not for profit or for profit. There is a scoring criteria and it’s who fits the criteria the best.
Max continued to the next topic, WIC. Scot mentioned we had a decrease last year with our WIC program. This next
year we will have static funding. They set our case load at 48,000 a month and I feel we can hit that. How I feel we can
hit that is last week we had a meeting with the NOAH organization. NOAH (Neighborhood Outreach Access to Health) is
the Honor Health’s FQHC (Federally Qualified Health Center) provider system, they have 5 locations. What we struggle
with, with WIC is all of our money is going to rent at different places, brick and mortar locations. We’re dealing with
mothers today that don’t really care about going someplace, they are fine with meeting with you virtually, they’re fine
with meeting with you on their IPhone. With WIC you have to have a touch point with the child, you have to be able to
hold the child. For WIC they need to get length/height, weight, and finger stick – hemoglobin/hematocrit levels. Our
feeling is these Moms have to take their families into primary care and that’s hard enough for them. We feel if we use
the doctors to do the touch point and then they connect with us virtually. Then the rest of the enrollment for the WIC
program can be done virtually with the Mom. The Mom wins, the FQHC wins and so does the WIC program. This isn’t
done anywhere else in the Country and this is something we are trying to pilot here. NOAH is excited about it. We are
hoping to have this in place by June. The State is on the fence about it but they will get off of it because they will see that
it will work. We need to be able to address the Mothers of today and we’re excited about this so we can increase our
numbers and our impact in the community. By our next meeting in July it will have started so we will be able to show
you how it’s working. 57
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Dr. Rebecca Sunenshine went over the current Hepatitis A outbreak. A little over a year ago we had a Hepatitis A outbreak
we were able to stop it in about three months. It was predominately among individuals experiencing homelessness.
Since that time San Diego had a massive outbreak with over 5 or 600 cases. Which they managed to quell. Different
areas have had outbreaks. Pima County started in 2018 and they’re up to well over 100 cases at this point. So we have
been watching for an outbreak to start here. In just the last couple of months we started seeing a pickup in cases here.
Predominately among individuals experiencing homelessness and use illicit drugs and it’s also stretched to those that
have been incarcerated. 77% both use illicit drugs and have an unstable housing situation. There are a total of 35 cases
to date in Maricopa County. Hospitalization rate is 94%, I’ve never seen an outbreak with a hospitalization rate like that.
Even nationally the hospitalization rate is 60 something percent so we’re clearly just capturing the tip of the iceberg.
There’s something that’s keeping these people from coming in to seek care earlier so we’re getting the sickest ones.
What have we done about the outbreak? We are working closely with Correctional Health who is integrating screening
for homelessness and illicit drug use into their process. We’re giving them Hepatitis A vaccine and they’re vaccinating
this population.
The cases are very hard to reach so actually trying to vaccinate contacts has not been effective. The strategy that CDC
(Centers for Disease Control) recommends and that we have also found to be the most useful is to get the population at
risk vaccinated. That’s a national strategy. Correctional Health is doing that.
We are working with other harm reduction partners (people who are routinely working with individuals with substance
use). Partnering with them and offering Hepatitis A vaccine. Recently we’ve had meetings with Banner, St. Luke’s, Honor
Health and Dignity. Banner is already planning to implement screening and vaccination of all those at risk individuals
starting the 24th, which is huge. St. Luke’s, Honor Health and Dignity have agreed to integrate that screening process into
their Emergency Departments (ED’s). Which is a big deal because ED’s don’t usually vaccinate except for tetanus. We
have a meeting with MIHS next week. We’re also planning to reach out to Abrazo so we’ll have all of the major hospital
systems.
We’re also having a partners meeting on the 24th to meet with everybody that currently works with individuals with
homelessness and substance use to try to figure out the best way to get to these programs. A lot of them live in homeless
encampments and they don’t necessarily go somewhere to seek services. We don’t have the infrastructure to go out to
them so we’re hoping to latch on to existing infrastructure and get out there, maybe give them vaccine. We have a
couple fire departments are really excited about going out there. They are already EMS so they’re trained to vaccinate,
the doctors are willing to give standing orders and they routinely go to these homeless encampments.
Mr. Cournand asked if anyone has given any push back, have any hospitals said “No”.
Dr. Sunenshine responded that she has never had an easier sell in her entire life, the answer has been yes every single
time. We have spent a fair amount of money on vaccine. What we’ve offered to all of them was 100 doses to get them
started. We did a financial case and we looked at 2017 Hepatitis A hospitalization among adults. There were 25 inpatient
and 6 ED visits. The charges range from $2700 for ED visits to over $68,000 for hospitalization with an average of $21,000.
The cost of a Hepatitis A vaccine is $42 per dose. I made the business argument. For some folks they need to hear the
business argument to push them over and for some folks it’s in their mission. Like Dignity, it’s in their mission to support
this population. We have had no push back, it’s really great. We’re excited about the community response.
Question was asked, is Steward on board? Dr. Sunenshine responded, yes they were actually the first. They are the ones
that are affiliated with Mesa and Chandler Fire. They are coming to our partners meeting and they’re the ones who
talked about going out into the Community. Which is great because we have to EPI centers one is in Central Phoenix,
around St. Joe’s and the other one is out in the East Valley along the light rail in East Mesa and Chandler area. We’re
very excited, it’s not a good thing but we’re excited about the Community response.
Max Porter added our expenditure rates right now are about $15,000 per month. We expect that to continue for a while.
58
7

Dr. Sunenshine stated that right now a lot of people have not had the vaccine demand so we’re holding back on ordering
more. When they get their programs up and running they may need help with vaccine. Correctional Health has been
our biggest one that we’ve needed to give vaccine to. Also Native Health has mobile units that go out into the Community.
We’re just trying to keep everyone supplied.
President Hughes asked if you already have Hepatitis A, does the vaccine help them?
Dr. Sunenshine responded, Hepatitis A is really an acute illness and if they’ve had Hepatitis A in the past they don’t need
the vaccine. That’s one of the questions that we’re asking them to ask in the screening. Have you ever had Hepatitis A
before and have you ever been vaccinated for Hepatitis A. All of them are entering the data into ASIIS which is our
immunization registry so that everyone can look them up to see if they’ve been vaccinated.
Ms. Acton asked is there a booster that you recommend after?
Dr. Sunenshine responded, there’s no booster necessary. The first dose of Hepatitis A vaccine is 95% effective at
preventing disease. So we’re just trying to get one dose into these people. Our biggest push back has been with the
individuals themselves. This particular population is not fond of government and they’re somewhat resistant to medical
care in general so that’s been the most challenging part.
Immunization update. Our numbers are down again, we are at 92.7% of Maricopa County kindergarteners are up to date
on their MMR vaccine. That’s compared with 93.1% last year. We lose about ½ of a percent per year. 95% of the
population needs to be immune to have that extra layer of protection that is herd immunity. So we are well below that
and we’re continuing to fall below it. It is definitely due to an increase in personal belief exemptions. We are one of only
about 17 states that allow you to sign a piece of paper to get that exemption. We have gone from 5.9% last year up to
6.5 % this year of parents that have at least one personal belief exemption for a vaccine. This is the fourth consecutive
year that our personal belief exemption rate has increased.
The good news is that they did implement that vaccine education module. Public Health has enlisted a bunch of volunteer
schools and we’ve gotten whole school systems to participate. That started at the beginning of this past school year.
We’re hoping that by requiring parents to at least be educated with science based education about vaccines that we can
bring that number down. This is the first year for the implementation of the education module and we should have those
results in November.
Mr. Cournand asked when you’re saying immunizations are you saying measles, mumps immunizations or are you saying
flu vaccine?
Dr. Sunenshine responded I’m talking about school required immunizations which are measles, mumps, rubella, chicken
pox but not flu, flu is not required for school. They are very specific to what the Advisory Committee on Immunization
Practices (ACIP) requires. It’s the absolute minimum, ACIP recommends a few more immunizations that are not included
in the Arizona school requirements.
Mr. Cournand asked at what point, at what number do you become exceptionally concerned?
Dr. Sunenshine responded that she has been there for a year and a half now. There was an article that came out that
looked at all of the major cities I the US and they took are percentages of unvaccinated kindergartners and multiplied it
by the sheer number of kindergartners and it named Phoenix as the number one hot spot for a measles outbreak. So
we’ve just been lucky. CNN asked us to do a press interview two weeks ago on why we haven’t had a measles outbreak.
Mr. Cournand asked, is there somewhere in between we haven’t had an outbreak so we don’t have to go overly draconian
or do we need to have an outbreak before there are stipulations put in place. Max Porter responded, honestly I think
we’ll have to have an outbreak before anything is truly done here. This last legislative session that is still going on there
were I believe 8 immunization bills dropped. The majority of them would make our situation worse. The severity of this
I don’t believe has been grasped by everyone that needs to understand it. So yes I do believe we’re going to need to
have an outbreak before anything changes here.
59
8

Mr. Cournand asked, how confident are you in how well these measles cases or what have you are reported? Aren’t
there communities that don’t necessarily or won’t necessarily hit your reporting radar?
Dr. Sunenshine responded no. We will never miss a measles case because if it gets diagnosed it has to go through a
laboratory. All labs are automatically forwarded to the State Health Department which comes to us and we investigate
every single one. So we’re not going to miss an outbreak for sure. If I had to predict what’s going to happen and this is
similar to what happened in New York. There are certain populations that tend to co-locate and there are certain schools
that have 50-60% vaccination rates. It tends to be the charter schools and the private schools so we’re going to have
someone who goes to Europe, there’s tons of measles in Europe, that will come back and expose one of these charter
schools or private schools that have terrible immunization rates and it will happen that way or it will be someone who
has traveled to another location. I think it will happen in the next year or two.
President Hughes asked wasn’t that the cause in the State of Washington?
Dr. Sunenshine responded yes, it’s always a traveler. Measles has been eradicated from the United States since the year
2000 so all of our cases are travel associated.
Measles is the most infectious disease there is. It has the highest household, if the whole household is unimmunized
there is a 95% chance of getting infected.
Pima County had a confirmed measles case that exposed 100 people in Maricopa County just in the last month or two.
The good news is we haven’t had a single measles case from that. We’re had a lot of suspected case that we’ve been
testing but be haven’t identified one, we’ve gotten lucky. We’re up to 555 cases in the United States this year, worldwide
it’s going up. If you just look at Europe, it’s tripled from that same time last year. It’s exploding exponentially.
Madagascar is leading and has had 800 deaths since September of 2018.
Pima County has implemented the phenomenal program based on some legislation that was passed in 2017, the stock
inhaler program. It’s legislation that says that every school can get people trained to administer albuterol inhalers to any
child who is having difficulty breathing regardless of whether they have an asthma diagnosis or regardless of whether
they brought their own inhaler. Asthma has an incredible incident rate in schools. A lot of kids are undiagnosed and a
lot of parents don’t bring a separate inhaler to school, it’s very expensive to do that and kids leave their inhaler behind
all the time. Pima County has a really successful program that lead to 20% reduction rate in 911 calls for respiratory
distress, a 40% reduction in emergency transports for not breathing to hospitals and it decreased absenteeism overall.
We went ahead and started implementing the program. It’s basically training two school personnel, it can be school
nurses but they don’t have to be health trained at all. There has to be at least two per school and they go through and
on-line training program on how recognize respiratory distress and it’s a very clear protocol on how many puffs of
albuterol to give. All they have to do is report to the Health Department that they administered it and we’re good to go.
This is similar to 2013 there was an epinephrine bill so we’re also throwing in training on epinephrine and we’re getting
them certified for both at the same time. We’ve identified grants from Banner to give lower income schools inhalers and
spacers. A spacers is a device that makes it easier for the kids so all they have to do is inhale. A local company created a
cardboard reusable spacer that’s just a couple dollars each and they’re donating them to schools. We’re really excited
about the program. University of Arizona has done an estimate that this will result in a State wide $900,000 cost savings.
Due to reduced transports to the Emergency Room and school absenteeism. We’ve so far implemented it in 34 schools,
19 public, 12 charter and 3 private.
ADJOURNMENT: There being no further business, motion to adjourn the meeting was made by Ms. Halley, seconded
by Mr. Cassano and motion was passed unanimously. The meeting was adjourned.
60
9

Copies of All Written and Electronic Stakeholder Input
Stakeholder Comment #1
From: Caitlin Brady - MCDOTX
To: Michelle Mada (AQD); Gregory Verkamp (AQD)
Cc: Johanna Kuspert (AQD); Kimberly Butler (AQD) Return to list of attachments
Subject: FW: Online Form Submittal: Citizen Comments
Date: Monday, January 28, 2019 3:37:29 PM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Monday, January 28, 2019 3:30 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2017-012 Rule 314 Open Outdoor Fires & Indoor Fireplaces
at Commercial & Institutional Establishments
Department Air Quality
I would like to Other
First Name Gerald
Last Name Heron
Organization North Central Heights NA&BW
City Phoenix
Zip 85021
Email gerreheron@me.com
Phone Number 4804370952
Phone Type Mobile
Would you like someone Yes
to contact you?
Comments This does not go far enough. Open Fire Burner abusers are
already circumnavigating the current rules and tweaking this Rule
61

does nothing to stop that. When you live outside of law, you have
no issue playing fast and loose with rules, including on no burn
days, by burning green wood, ignited with gasoline, and allowing
it to smoulder all night long and telling visiting inspectors that you
are cooking for your family. Thank you.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
62

Stakeholder Comment #2
From: Caitlin Brady - MCDOTX
To: Michelle Mada (AQD); Gregory Verkamp (AQD); Johanna Kuspert (AQD); Kimberly Butler (AQD)
Subject: FW: Online Form Submittal: Citizen Comments
Date: Tuesday, February 5, 2019 11:59:07 AM
Caitlin Brady
602.372.1176
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Tuesday, February 5, 2019 11:03 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2017-012 Rule 314 Open Outdoor Fires & Indoor Fireplaces
at Commercial & Institutional Establishments
Department Air Quality
I would like to Other
First Name Allen
Last Name Patrou
Organization Field not completed.
City Phoenix
Zip 85021
Email allendpat@earthlink.net
Phone Number 602-821-5307
Phone Type Mobile
Would you like someone Field not completed.
to contact you?
63

Comments There is a huge problem in our neighborhood, North Central
Phoenix! Wood smoke is incredibly toxic even to 'normal' healthy
people, but I have asthma and there are a large number of
people who burn wood in our area, sometimes every night, and
often without any consideration for no burn days. This happens
even throughout the summer and winter months, 24/7, 365 days
a year! Maricopa absolutely does not have enough constraints on
wood burning/smoke in the Phoenix valley! On top of that, Air
Quality department is completely incapable of policing the
general public to insure even the existing rules are followed!
Inspectors are few and far between, they only work until 8 pm if
you can get one out, and they have absolutely no tools with them
to do their job, eg. thermal camera, or other testing equipment.
They also are not even allowed to get out of their vehicles to
confirm a complaint! How in the world are we supposed to be
protected from law breakers and the incredible amount of wood
smoke and other pollutants with this kind of (lack of) support? If it
is so dangerous for inspectors to leave their vehicles then you
should make those vehicles fully capable of 'seeing' and
'smelling' and recording the heat from fires, smoke from fires,
and any other conditions to make them able to do their job! They
should be able to call on local law enforcement by law, to get an
escort if needed to proceed onto private property to investigate
within reason, or with probable cause-from using a thermal
camera device or other technology, to investigate where the
smoke or other violation is coming from and document and cite
the offender!!!!! I have personally called over a dozen complaints
that I have documented burning on no burn days and the
offender has not been cited even once!!!! That is absolutely
unacceptable and an embarrassment to everyone involved.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
64

Stakeholder Comment #3
From: noreply@civicplus.com
To: Regulatory
Subject: Online Form Submittal: Citizen Comments
Date: Friday, May 3, 2019 8:15:42 PM
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2019-002 P-26 Residential Woodburning Ordinance
Department Air Quality
I would like to Other
First Name Allen
Last Name Patrou
Organization Apatrou Photography
City Phoenix
Zip 85021
Email allendpat@earthlink.net
Phone Number 6028215307
Phone Type Mobile
Would you like No
someone to contact
you?
Comments I have a pyromaniac inconsiderate neighbor who likes to burn
green logs started with gasoline and left to burn and smolder all
night long dozens of times per year. Many of these fires have
been on no burn days. Myself and several other neighbors have
reported these fires over and over again and not once has this
person ever been cited! My home and business are completely
contaminated by soot from these fires and I have suffered
numerous sleepless nights coughing and choking on smoke that
has filled the entire area. I have asthma and I also now have to
sleep with supplemental oxygen being pumped into my face
65

through a mask all night long. I smell musty smoke in my home
every day and sometimes I can't even tell if there is another fire
next door or not. The inspectors are completely unable to do their
jobs. They cannot even get out of their vehicles, or go to an
adjacent property with invitation, or go down an alley on foot.
This is completely unacceptable for an enforcement arm of your
agency to be so incapable of doing absolutely anything to
confirm these crimes. I'm attaching a list of calls to an address
that is a pervasive open fire burner that has NEVER BEEN
CITED ONCE!
If applicable, attach 9325 4th Ave.xlsx
supporting
documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
66

Stakeholder Comment #3 Attachment Return to Comment #3 Response
67

68

69

Stakeholder Comment #4
From: Gong, Kevin
To: Kimberly Butler (AQD)
Cc: Lo, Doris; Gregory Verkamp (AQD); Kristi Beck (AQD)
Subject: EPA"s Comments on Maricopa County Draft Rule 314
Date: Tuesday, May 7, 2019 2:25:15 PM
Attachments: Comments on Maricopa County Draft Rule 314, dated 5.7.2019.docx
Hello Kim,
Attached are EPA Region 9’s comments on your proposed revisions to Maricopa County Rule 314.
Thank you for providing us with the opportunity to provide input during your rule development
process.
Please let us know if you have any questions on our feedback.
Best,
Kevin
Kevin Gong
Air Dockets Manager | ELMS Deployment Champion
Rules Office, Air Division (AIR-3-2), U.S. EPA, Region 9
75 Hawthorne St. San Francisco, CA 94105
(415) 972-3073 | gong.kevin@epa.gov
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Stakeholder Comment #4 Attachment
Dear Ms. Butler,
We are providing comments based on our preliminary review of draft rule 314, Outdoor Fires and
Commercial/Institutional Solid Fuel Burning. Maricopa County requested the EPA’s pre-adoption review
of this draft on April 15, 2019. Please direct any questions about our comments to Kevin Gong at (415)
972-3073.
Suggestions for Improvement
Section 201 defines “Air Curtain Incinerators” and specifies that only self-contained above ground air
curtain destructors allowed in Maricopa County. We suggest moving the prohibition on types of air
curtain incinerators allowed in the district to a prohibition section.
Section 222 defines “Restricted-Burn Period,” but does not specify the air quality standards that apply.
We suggest adding a provision similar to section 3(D) of Ordinance P-26 (“Declaration Of A Restricted-
Burn Period”), or including a reference to that provision within Rule 314.
Approvability Issues
Section 309.1e, 310.1e, 402.3b describe requirements for fires destroying tumbleweeds, fires for
agricultural land clearing, and burn permits for agricultural control of weeds. Each of these provisions
only allows burning in these contexts if no other reasonable methods are available. This term is vague
and could be difficult to enforce. Define “other reasonable methods” or provide examples of what
methods may be reasonable as an alternative to burning for agricultural disposal.
Section 310 describes requirements for burning indigenous scrub for the purpose of agricultural
operations in non-urban areas of low population. This term is vague, and the County should define the
term “low population”. See, for example, Placer County APCD Rule 305, section 103.2.3 for a suitable
method of defining low population.
Sections 320.2 and 321.2 describe requirements for the testing of potentially explosive-containing
products and requires that the operator to comply with the permit requirements in section 303 unless
the testing area is relatively small. This term is vague, and the County should define “relatively small”.
Section 402 describes administrative requirements for burn permit applications. Burn permits are
required for several of the activities described in the prohibitory section of the rule. The form of the
application is prescribed by the Control Officer, but at minimum the application should require
information about the applicant, location of the burning activity, time of the burning activity, and type
of material being combusted. Please define what information, at minimum, is required in a burn permit
application.
Section 403 describes administrative requirements for burn permit conditions. Burn permits are issued
after a burn permit application is approved by the Control Officer. However, the conditions that are
required in burn permits are at the discretion of the County, as the Control Officer may impose any
permit conditions, and those conditions may include certain requirements. Please revise this language
to require the imposition of enforceable permit conditions that are relevant for the types of burning
activities requiring these permits.
71

Stakeholder Comment #5
From: Gong, Kevin
To: Kristi Beck (AQD); Lo, Doris; Withey, Charlotte
Cc: Gregory Verkamp (AQD); Kimberly Butler (AQD)
Subject: RE: Maricopa County - Rule 314
Date: Tuesday, May 21, 2019 5:44:21 PM
Hi Kristi,
We have concerns about your approach for resolving these issues.
1. By removing the language "other reasonable methods", would actually weaken the rule because this language
already exists in Rule 314 and in the SIP and could encourage open burning activities in lieu of whatever these other
methods may be. Does the Department have any data or information on what these other reasonable methods may
be, so they may be characterized? What would be the potential impact on air quality be if more open burning
occurred as a result of the removal of this language?
2. What would the impact be on basing the open burning requirements on the Rule 200 permitting thresholds? Are
these thresholds equivalent in terms of emissions or other requirements? The Department would need to provide
analysis comparing the two different requirements to demonstrate that the requirement is at least as stringent.
Thanks,
Kevin Gong
Air Dockets Manager | ELMS Deployment Champion
Rules Office, Air and Radiation Division (ARD-3-2), U.S. EPA, Region 9
75 Hawthorne St. San Francisco, CA 94105
(415) 972-3073 | gong.kevin@epa.gov
-----Original Message-----
From: Kristi Beck (AQD) <Kristi.Beck@Maricopa.gov>
Sent: Monday, May 20, 2019 4:02 PM
To: Lo, Doris <Lo.Doris@epa.gov>; Gong, Kevin <Gong.Kevin@epa.gov>; Withey, Charlotte
<Withey.Charlotte@epa.gov>
Cc: Gregory Verkamp (AQD) <Gregory.Verkamp@Maricopa.gov>; Kimberly Butler (AQD)
<Kimberly.Butler@Maricopa.gov>
Subject: RE: Maricopa County - Rule 314
Here is the draft.
Thank you,
Kristi Beck * Senior Planner
Maricopa County Air Quality Department
Desk: 602.506.6706 | CleanAirMakeMore.com Help Reduce Ozone Pollution. Drive Less, Refuel After Dark and
Avoid Idling.
-----Original Message-----
From: Lo, Doris <Lo.Doris@epa.gov>
Sent: Monday, May 20, 2019 3:54 PM
To: Kristi Beck (AQD) <Kristi.Beck@Maricopa.gov>; Gong, Kevin <Gong.Kevin@epa.gov>; Withey, Charlotte
<Withey.Charlotte@epa.gov>
Cc: Gregory Verkamp (AQD) <Gregory.Verkamp@Maricopa.gov>; Kimberly Butler (AQD)
<Kimberly.Butler@Maricopa.gov>
72

Subject: RE: Maricopa County - Rule 314
I didn't get an attachment with the proposed changes - could you resend? Thanks!
____________________
Doris Lo
Manager, Rules Office (AIR 3-2)
Air and Radiation Division, EPA Region 9
(415) 972-3959
-----Original Message-----
From: Kristi Beck (AQD) <Kristi.Beck@Maricopa.gov>
Sent: Monday, May 20, 2019 2:23 PM
To: Gong, Kevin <Gong.Kevin@epa.gov>
Cc: Gregory Verkamp (AQD) <Gregory.Verkamp@Maricopa.gov>; Kimberly Butler (AQD)
<Kimberly.Butler@Maricopa.gov>; Lo, Doris <Lo.Doris@epa.gov>
Subject: Maricopa County - Rule 314
Good afternoon Kevin,
We have two questions regarding your rule approvability comments.
1. Define "other reasonable methods" - We have evaluated this comment and would like to remove this language
from the rule (rather than defining the term).
2. Define "relatively small" - We have evaluated this comment and would like to base the permitting
requirements on our permitting thresholds in Rule 200 (instead of on the size of the testing area).
I have attached a draft rule that includes the proposed language to address your comments. We are planning to
publish the Notice of Proposed Rulemaking in the next two weeks, so we would need to get an answer on these
questions by next week.
Thank you,
[cid:image002.jpg@01D50F17.7A54CD20]
Kristi Beck* Senior Planner
Maricopa County Air Quality Department
3800 N. Central Avenue, Suite 1400 | Phoenix, AZ 85012
Desk: 602.506.6706 | kristi.beck@maricopa.gov CleanAirMakeMore.com | Maricopa.gov/AQ
[cid:image004.png@01D50F17.7A54CD20]<http://survey.sogosurvey.com/survey.aspx?
k=RQsXSTTTsTsPsPsP&lang=0&data=>[cid:image006.jpg@01D50F17.7A54CD20]
<http://cleanairmakemore.com/about-us/contact/>
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.
73