AQ-2022-003-RULE313-REPORT TO THE BOARD OF SUPERVISORS.PDF

Air Quality Department 
301 W. Jefferson St., Suite 410 
Phoenix, Arizona 85003 
P: 602-506-6010 
E: AQMail@maricopa.gov 
 
Executive Summary of the Report to the Board of Supervisors 
Prepared by Maricopa County Air Quality Department 
Board Hearing Date: 
December 11, 2024 
Case Number/Title:  
AQ-2022-003-Rule 313 (Incinerators, Burn-Off Ovens, and 
Crematories) 
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 purpose of Rule 313 (Incinerators, Burn-Off Ovens, and Crematories) is to limit particulate 
matter emissions from incinerators, burn-off ovens, and crematories. This rule was originally 
adopted in 1988 and last revised in 2012.  The 2012 version of Rule 313 was approved into 
the Arizona State Implementation Plan (SIP) in 2014. MCAQD is proposing to revise Rule 313 
to update, enhance, and clarify the rule by: 
•
Restructuring the rule by source type to help regulated entities more easily identify
applicable requirements.
•
Exempting combustion sources that are already subject to more stringent federal
requirements (such as 40 CFR 60 Subpart EEEE and Subpart FFFF) from the
requirements of this rule.
•
Clarifying monitoring methods and recordkeeping requirements for daily opacity
checks.
•
Clarifying performance testing requirements for facilities with multiple units.
•
Providing alternative performance testing periods for units equipped with a continuous
visible emissions monitoring system.

Page 2 of 66 
• Incorporating portions of Substantive Policy Statement SPS-2019-002-Rule 313 
Incinerators, Burn-Off Ovens, and Crematories Nighttime Combustion Operations to 
allow flexibility with calibration and maintenance procedures for a continuous visible 
emissions monitoring system. 
• Clarifying nighttime combustion requirements. 
• Adding a provision allowing the Control Officer to issue a variance to rescind 
operational restrictions on nighttime combustion requirements for crematories in the 
event of a public health emergency. 
• Adding a notification requirement for the cremation of large charges or special 
circumstances that require changes to standard cremation procedures. 
Additionally, MCAQD plans to replace SIP Rule 35 (Incinerators) and SIP Rule 313 with the 
revised rule to update the SIP. This action is related to the September 2017 Arizona SIP 
revision submittal titled “Revisions to the Arizona’s State Implementation Plan” which 
requested the withdrawal and replacement of MCAQD’s two-digit SIP approved rules with 
current three-digit rules to update the Arizona SIP. Upon adoption of the rule, MCAQD will 
submit the rule to the U.S. Environmental Protection Agency for approval to replace Rule 35 
and the 2012 version of Rule 313 in the Arizona SIP. 
Overview of Stakeholder Input and Staff Responses: 
During the rulemaking process, MCAQD received written comments from four stakeholders. 
One stakeholder expressed support for the rulemaking. MCAQD met with the other three 
stakeholders and worked with them to address their comments. The stakeholder comments 
and the MCAQD responses to the comments are included in Section 9 of the attached Draft 
Notice of Final Rulemaking. Copies of the stakeholders’ comments are attached to this report.

Maricopa County 
Air Quality Department 
Planning and Analysis Division 
Report to the 
Board of 
Supervisors 
Rule 313  
(Incinerators,  
Burn-Off Ovens,  
and Crematories)
 
December 2024

Board of Health Meeting Date: 
October 28, 2024 
Board Hearing Date: 
December 11, 2024 
Case Number/Title:  
AQ-2022-003-Rule 313 (Incinerators, Burn-Off Ovens, and 
Crematories)  
Agenda Item: 
(Pending) 
Supervisor Districts: 
All Districts 
Applicant:  
Staff 
Request: 
Approve revision of Maricopa County Air Pollution Control 
Regulations, Rule 313 (Incinerators, Burn-Off Ovens, and 
Crematories) and approve submission of the revised rule as 
a revision to the Arizona State Implementation Plan (SIP). 
The purpose of Rule 313 is to limit particulate matter 
emissions from incinerators, burn-off ovens, and 
crematories. This rule was originally adopted in 1988, last 
revised in 2012, and was incorporated into the Arizona SIP in 
2014. 
The Maricopa County Air Quality Department (MCAQD) is 
proposing to revise Rule 313 to update, enhance, and clarify 
the rule by: 
• Restructuring the rule by source type to help regulated 
entities more easily identify applicable requirements. 
• Exempting combustion sources that are already 
subject to more stringent federal requirements (such 
as 40 CFR 60 Subpart EEEE and Subpart FFFF) from 
the requirements of this rule. 
• Clarifying monitoring methods and recordkeeping 
requirements for daily opacity checks. 
• Clarifying performance testing requirements for 
facilities with multiple units. 
• Providing alternative performance testing periods for 
units equipped with a continuous visible emissions 
monitoring system. 
• Incorporating portions of Substantive Policy 
Statement SPS-2019-002-Rule 313 Incinerators, Burn-
Off Ovens, and Crematories Nighttime Combustion 
Operations to allow flexibility with calibration and 
maintenance procedures for a visible emissions 
monitoring system. 
• Clarifying nighttime combustion requirements. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 4 of 77

•
Adding a provision allowing the Control Officer to
issue a variance to rescind operational restrictions on
nighttime combustion requirements for crematories
in the event of a public health emergency.
•
Adding a notification requirement for the cremation of
large charges or special circumstances that require
changes to standard cremation procedures.
Upon adoption of the rule, MCAQD will submit the revised 
rule to the U.S. Environmental Protection Agency for 
approval to replace Rule 35 and the 2012 version of Rule 313 
in the Arizona SIP. 
Support/Opposition: 
During the rulemaking process, MCAQD received written 
feedback from four stakeholders. One stakeholder 
expressed support for the proposed changes. MCAQD met 
with the other three stakeholders to address their 
comments.  
A summary of the comments and MCAQD’s responses are 
included under Section 9 of the attached Draft Notice of 
Final Rulemaking. Copies of the stakeholders’ comments are 
also attached to this report. 
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 April 2022. Stakeholder Workshops were 
held on June 22, 2023, and August 28, 2024. 
The Board of Health approved initiation of regulatory change 
on August 28, 2023, and a Notice of Proposed Rulemaking 
was posted on the EROP website on September 20, 2024. 
On October 28, 2024, the Board of Health made a 
recommendation to the Board of Supervisors to approve the 
revisions to Rule 313. 
A newspaper notice of the Board of Supervisors public 
hearing will be published in the Arizona Business Gazette on 
November 7, 2024, and November 14, 2024. This regulatory 
change will take effect immediately upon approval by the 
Board of Supervisors. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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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) 
Strikethrough/Underlined version of Draft Rule 313 
Clean version of Draft Rule 313 
Minutes from Board of Health meeting 
Copies of all written and electronic Stakeholder input 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 6 of 77

Maricopa County 
Air Quality Department 
Planning and Analysis Division 
Draft Notice 
of Final 
Rulemaking 
Rule 313 
(Incinerators, 
Burn-Off Ovens, 
and Crematories) 
December 2024

Draft Notice of Final Rulemaking 
Maricopa County Air Pollution Control Regulations 
Regulation III – Control of Air Contaminants 
Rule 313 (Incinerators, Burn-Off Ovens, and Crematories) 
The Maricopa County Air Quality Department (MCAQD) is proposing to amend Rule 313 
(Incinerators, Burn-Off Ovens, and Crematories). 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 Arizona 
Revised Statutes (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(B). 
Preamble 
1.
Statutory authority for the rulemaking (A.R.S. § 49-471.05(1)):
A.R.S. §§ 49-112, 49-474, 49-479 and 49-480
2.
Name and address of department personnel with whom persons may communicate
regarding the rulemaking (A.R.S. § 49-471.05(2)):
Name:
Lisa Richey or Kimberly Butler 
Maricopa County Air Quality Department 
Planning and Analysis Division 
Address: 
301 W. Jefferson St., Suite 410 
Phoenix, AZ 85003 
Telephone: 
602-506-6010 
Fax: 
602-506-6179 
Email: 
AQPlanning@maricopa.gov 
Online: 
Submit a Comment 
3.
Rulemaking process (A.R.S. § 49-471.05(3)):
County Manager Briefing:
April 6, 2022 
Stakeholder Workshops:
June 22, 2023 
August 28, 2024 
Return to list of attachments
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Board of Health Meeting to Approve Initiation of 
Regulatory Change: 
August 28, 2023 
Notice of Proposed Rulemaking: 
September 20, 2024 
Board of Health Meeting to Recommend Approval 
to the Board of Supervisors:  
October 28, 2024 
Board of Supervisors Formal Meeting to Set the 
Public Hearing:  
November 6, 2024 
Board of Supervisors Public Hearing: 
December 11, 2024 
4.
Explanation of the rule, including the control officer's reasons for initiating the
rulemaking (A.R.S. § 49-471.05(4)):
The purpose of Rule 313 (Incinerators, Burn-Off Ovens, and Crematories) is to limit
particulate matter emissions from incinerators, burn-off ovens, and crematories. This
rule was last revised in 2012. MCAQD is proposing to revise Rule 313 to update,
enhance, and clarify the rule by:
•
Restructuring the rule by source type to help regulated entities more easily
identify applicable requirements.
•
Exempting combustion sources that are already subject to more stringent federal
requirements (such as 40 CFR 60 Subpart EEEE and Subpart FFFF) from the
requirements of this rule.
•
Clarifying monitoring methods and recordkeeping requirements for daily opacity
checks.
•
Clarifying performance testing requirements for facilities with multiple units.
•
Providing alternative performance testing periods for units equipped with a
continuous visible emissions monitoring system.
•
Incorporating portions of Substantive Policy Statement SPS-2019-002-Rule 313
Incinerators, Burn-Off Ovens, and Crematories Nighttime Combustion Operations
to allow flexibility with calibration and maintenance procedures for a visible
emissions monitoring system.
•
Clarifying nighttime combustion requirements.
•
Adding a provision allowing the Control Officer to issue a variance to rescind
operational restrictions on nighttime combustion requirements for crematories in
the event of a public health emergency.
•
Adding a notification requirement for the cremation of large charges or special
circumstances that require changes to standard cremation procedures.
Additionally, MCAQD plans to replace SIP Rule 35 (Incinerators) and SIP Rule 313 with 
the revised rule to update the SIP. This action is related to the September 2017 Arizona 
State Implementation Plan (SIP) revision submittal titled “Revisions to the Arizona’s 
State Implementation Plan” which requested the withdrawal and replacement of 
MCAQD’s two-digit SIP approved rules with current three-digit rules to update the 
Arizona SIP. Upon adoption of the rule, MCAQD will submit the rule to the U.S. 
Return to list of attachments
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 9 of 77

Environmental Protection Agency (EPA) for approval to replace Rule 35 and the 2012 
version of Rule 313 in the Arizona SIP. 
 
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 (A.R.S. § 49-471.05(5)). 
No studies were relied on in the control officer’s evaluation of the rule. 
6. 
An economic, small business and consumer impact statement (A.R.S. § 49-
471.05(6)): 
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 (A.R.S. § 
41-1055(A)(1)): 
This rulemaking is proposing to revise Rule 313. 
(a) The conduct and its frequency of occurrence that the rule is designed to change 
(A.R.S. § 41-1055(A)(1)(a)). 
MCAQD is proposing to revise Rule 313 to update and enhance the rule by allowing 
businesses to comply with emission standards using newer technology and 
providing details to clarify the frequency and methods to be used for daily opacity 
checks and for periodic performance testing.  
Rule 313 regulates approximately 90 combustion units (burn-off ovens, parts 
reclamation units, and crematories) at 40 businesses in Maricopa County. Currently, 
there are no incinerators that burn combustible waste in Maricopa County. Many of 
the proposed revisions are already included in air quality permits issued to these 
businesses. 
(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 (A.R.S. § 41-
1055(A)(1)(b)). 
MCAQD is proposing to revise Rule 313 to update and enhance the rule by allowing 
businesses to comply with emission standards using newer technology. The last 
revision of Rule 313 was over 10 years ago. Since then, technology advancements 
on opacity monitoring devices have evolved making it more convenient to conduct 
frequent and accurate visible emission observations. Some of the proposed 
revisions include adding closed-circuit camera systems and visible emission devices 
that continuously record opacity readings as additional methods of opacity 
monitoring.  
MCAQD is proposing to revise Rule 313 to clarify how often and which test methods 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 10 of 77

must be used for daily opacity checks and periodic performance testing. The 
proposed clarifications are intended to remove any ambiguity about the rule 
requirements for businesses that are striving to comply with the rule and for the 
MCAQD staff members enforcing the rule.  
If the rule is not revised, the rule will continue to be outdated regarding the use of 
newer technology and some of the rule requirements will continue to be ambiguous 
for both stakeholders and MCAQD staff. 
(c) The estimated change in frequency of the targeted conduct expected from the rule 
change (A.R.S. § 41-1055(A)(1)(c)).  
MCAQD is proposing to revise Rule 313 to update and enhance the rule by allowing 
businesses to comply with emission standards using newer technology and 
providing clarification on the frequency and methods to be used for daily opacity 
checks and for periodic performance testing.  Daily opacity checks are already 
required in current Rule 313; however, how often and what approved methods may 
be used is unclear.  
This requirement is being revised to specify that opacity checks shall be conducted 
on the first, last, and largest charge of the day. By incorporating newer technology, 
monitoring daily visible emissions can be done by 1) viewing the output readings of 
opacity on a continuous emission monitor device; 2) observing the absence or 
presence of emissions through a high-resolution closed-circuit camera system; or 3) 
using an EPA Method 9 certified observer.  
A brief summary of the information included in the economic, small business and 
consumer impact statement (A.R.S. § 41-1055(A)(2)). 
The economic, small business and consumer impact statement 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, C, and 41-1035. 
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 (A.R.S. § 41-1055(A)(3)). 
Name: 
Lisa Richey or Kimberly Butler 
Maricopa County Air Quality Department 
Planning and Analysis Division 
Address: 
301 W. Jefferson St., Suite 410 
Phoenix, AZ 85003 
Telephone: 
602-506-6010 
Fax: 
602-506-6179 
Email: 
AQPlanning@maricopa.gov 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Online: 
Submit a Comment 
An identification of the persons who will be directly affected by, bear the costs of or 
directly benefit from the proposed rulemaking (A.R.S. § 41-1055(B)(2)). 
This rulemaking will directly affect facilities in Maricopa County that operate 
incinerators, burn-off ovens, and crematories that do not meet an exemption listed in    
§ 103 of the proposed rule. 
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 (A.R.S. § 41-1055(B)(3)(a)). 
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 
(A.R.S. § 41-1055(B)(3)(b)). 
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 (A.R.S. § 
41-1055(B)(3)(c)). 
MCAQD does not anticipate this rulemaking will have a significant economic impact 
on any businesses.  
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 (A.R.S. § 41-1055(B)(4)). 
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 
(A.R.S. § 41-1055(B)(5)(a)). 
Small businesses subject to this rulemaking are those facilities in Maricopa County 
that operate incinerators, burn-off ovens, and crematories that do not meet an 
exemption listed in § 103 of the proposed rule. Rule 313 regulates approximately 90 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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combustion units (burn-off ovens, parts reclamation units, and crematories) at 
approximately 40 businesses in Maricopa County. Currently, there are no 
incinerators that burn combustible waste in Maricopa County. 
(b) The administrative and other costs required for compliance with the proposed 
rulemaking (A.R.S. § 41-1055(B)(5)(b)). 
MCAQD does not anticipate this rulemaking will impose any significant regulatory 
burdens or additional costs required for compliance on any businesses.  
(c) A description of the methods that the agency may use to reduce the impact on 
small businesses (A.R.S. § 41-1055(B)(5)(c)).  
MCAQD has a business assistance (BA) program that provides administrative and 
technical assistance to business owners related to air quality rules and regulations. 
Courtesy site visits, on-site training, rule interpretation, and compliance assistance 
are offered to small businesses at no charge. 
i. Establish less stringent compliance or reporting requirements in the rule for 
small businesses (A.R.S. § 41-1035(1)). 
Most of the proposed revisions are intended to enhance or clarify Rule 313 and 
should not impose any significant new compliance requirements on small 
businesses. Proposed revisions to Rule 313 do not establish any significant new 
reporting requirements for small businesses. There is a new one-time notification 
requirement prescribed for crematories that need to operate outside of the 
standard temperatures and residence times for special circumstances (such as 
for large charges greater than 300 pounds). 
ii. Establish less stringent schedules or deadlines in the rule for compliance or 
reporting requirements for small businesses (A.R.S. § 41-1035(2)). 
All source types (incinerators, burn-off ovens, and crematories) are subject to the 
same compliance and reporting requirements, which includes performance 
testing combustion unit(s) at least once every five years. However, proposed 
Rule 313 includes an option to extend the test schedule to every 10 years as 
opposed to every five years if certain conditions apply. The eligibility criteria 
include:  
1) All combustion units at a facility must be equipped with a continuous visible 
emission monitoring system that is used during operation;  
2) No notices of violation of the opacity or PM standard issued since the most 
recent performance test; and  
3) The monitoring system undergoes an annual alignment audit to certify the 
device is working as designed. 
If a business can meet the criteria, it can demonstrate compliance using a less 
stringent schedule for PM testing.  
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Consolidate or simplify the rule's compliance or reporting requirements for 
small businesses (A.R.S. § 41-1035(3)). 
All source types (incinerators, burn-off ovens, and crematories) are subject to the 
same compliance and reporting requirements. As mentioned above, there is an 
application process in proposed Rule 313 to allow a business to request an 
extension for performance testing. MCAQD’s BA program provides guidance and 
forms to help simplify compliance and reporting requirements for small 
businesses. 
Establish performance standards for small businesses to replace design or 
operational standards in the rule (A.R.S. § 41-1035(4)). 
All source types (incinerator, burn-off oven, or crematory) are subject to the same 
performance standards for opacity and PM and are subject to the same general 
design criteria for incinerators (must use a multi-chamber incinerator equipped 
with an afterburner). Rule 313 relies heavily on the performance of the equipment 
and already prescribes only a general but efficient and effective design to ensure 
complete combustion of the material being burned. 
Exempt small businesses from any or all requirements of the rule (A.R.S. § 41-
1035(5)). 
This rulemaking contains exemptions as outlined in Section 103 of the proposed 
draft rule. 
(d) The probable cost and benefit to private persons and consumers who are directly 
affected by the proposed rulemaking (A.R.S. § 41-1055(B)(5)(d)). 
This rulemaking should not result in any significant costs for private persons and 
consumers.  
A statement of the probable effect on state revenues (A.R.S. § 41-1055(B)(6)). 
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 
benefits for each option and providing the rationale for not using nonselected 
alternatives (A.R.S. § 41-1055(B)(7)). 
MCAQD is not aware of any less intrusive or costly methods to achieve the purpose of 
this rulemaking. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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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 (A.R.S. § 41-1055(B)(8)). 
Not applicable. 
7. 
The proposed effective date of the rule (A.R.S. § 49-471.05(7)): 
The proposed effective date of this rulemaking is December 11, 2024.  
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 (A.R.S. § 49-471.05(8)): 
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. 
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 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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program. 
MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). This rulemaking is not 
making the rule more stringent. 
9.
List of all previous notices posted to the Maricopa County EROP website addressing
the proposed rule and a concise explanatory statement, as prescribed by A.R.S.
§ 49-471.07(B):
(a) List of all previous notices posted to the Maricopa County EROP website 
addressing the proposed rule: 
Notice 
Date of Posting 
Briefing Notification to County Manager: 
May 4, 2022 
Notice of First Stakeholder Workshop: 
June 8, 2023 
Notice of First Board of Health Meeting: 
August 11, 2023 
Notice of Second Stakeholder Workshop: 
August 13, 2024 
Notice of Proposed Rulemaking: 
September 20, 2024 
Notice of Second Board of Health Meeting: 
October 14, 2024 
(b) The following discussion addresses each of the elements required for a concise 
explanatory statement, as prescribed by A.R.S. § 49-471.07(B): 
i.
A description of any change between the proposed rule or ordinance, the final
rule or ordinance or notice of final supplemental rule or ordinance.
No changes were made after the Notice of Proposed Rulemaking was published on 
September 20, 2024.
ii. A summary of the comments and arguments for and against the notice and the
county’s response to the comments and arguments.
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. MCAQD received written comments from
four stakeholders. All of the comments were reviewed and evaluated by MCAQD.
A link to a copy of the stakeholder comments is provided.
Stakeholder #1:  Comment #1 submitted on June 16, 2023
Comment #1:
Instead of specifying a specific weight threshold for notification, what if a
percentage of the retort manufacturers suggested charge weight limit was used?
e.g. a charge greater than 50% of manufacturers suggested weight limit would
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Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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necessitate special recording. 
 
Standard cremators are usually rated at a maximum of 600lbs, but a firm that 
has invested in a larger/cleaner cremator rated at 800 ort 1000lbs could 
cremated a body at 50% of those limits. This would encourage investment in 
newer and better machinery, as well as incentivize crematories with multiple 
retorts to place large charges into the machines that can best handle it. 
 
Response #1: 
MCAQD considered your comment and revised the definition of “Large Charge” in 
§ 217 to read as follows: 
“A charge weight of 300 lbs or greater for human or animal remains 
for which special written procedures are required from the crematory 
equipment manufacturer for performing a controlled cremation.” 
Including the phrase “for which special written procedures are required from the 
crematory equipment manufacturer” leaves the discretion up to the manufacturer 
of when a certain weight limit necessitates notification to the Department. 
MCAQD revised § 502.9 which currently states that the manufacturer’s 
recommendation may be used provided that the owner or operator: 
• Submits a one-time notification to the department; 
• Maintains a record of the alternative operating conditions and special 
procedures that include “temperatures, residence times, and any other 
alternative operating conditions or procedures used as required by the 
manufacturer’s owners manual”; and 
• Demonstrates compliance with the emission standards in this rule 
using the alternative residence times and temperatures. 
 
Stakeholder #2: Comments #2 through #13 submitted on June 23, 2023 
Comment #2: 
There needs to be a better understanding as to what part of Rule 313 deals 
specifically with crematories. You might want to consider a separate sub-section 
for crematories only. It seems like crematories got into this rule because no one 
knew what to do with this process from a rule-writing perspective.  
Response #2: 
MCAQD considered the comment and restructured the rule to improve the 
readability of the rule. The intent of the restructure is to make it easier for the 
regulated entity to identify the requirements that are applicable to its operations. 
Section 300 (Standards) is segregated into four subsections as follows:  
§ 301 - General Requirements 
§ 302 - Controls Required for Incinerators 
§ 303 - Controls Required for Burn-off Ovens  
§ 304 - Controls Required for Crematories 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Comment #3: 
NSPS and NESHAP are federal rules dealing with incinerators and burn-off ovens. 
There are no federal standards (CFRs) for crematories. 
 
Response #3: 
The comment is referring to § 102.4 which reads: 
 
“NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source 
Performance Standards (NSPS) in Rule 360 and/or National Emission Standards 
for Hazardous Air Pollutants (NESHAP) in Rule 370 of these rules.” 
 
As stated in § 102 (Applicability), this rule applies to three different categories of 
combustion units: incinerators, burn-off ovens, and crematories. Combustion 
sources, such as incinerators and burn off ovens, may be subject to additional 
federal requirements in Title 40 of the Code of Federal Regulations (CFR) Part 60 
that are incorporated by reference in MCAPCR Rule 360 (New Source 
Performance Standards) and/or 40 CFR Part 63 that are incorporated by 
reference in MCAPCR Rule 370 (Federal Hazardous Air Pollutant Program). Since 
2016, this cross reference has been inserted into other MCAPCR rules based on a 
recommendation from EPA. It is prudent to make sure owners and operators are 
aware of other regulations that they may be subject to.  
 
Currently, there are no federal standards for crematories and, therefore, this 
section does not apply to crematories. However, there are federal standards for 
incinerators and this section may apply to owners and operators of that source 
type.  
 
Comment #4: 
Not all opacity monitoring equipment are COMS units. There is a definition for 
COMS, but you may want to include a definition for opacity monitoring system 
that is not a COMS. Interestingly, on some older cremators, there is a 
knob/switch that allows the operator to turn the opacity monitoring system to an 
on/off mode. 
 
Response #4: 
MCAQD considered this comment and revised the definition of “Continuous 
Opacity Monitoring System (COMS)” and included a new definition for a visible 
emissions monitor (VEM) to distinguish the differences between the two 
continuous monitoring systems. For purposes of this rule, a VEM is different 
from a continuous opacity monitoring system (COMS) in that a COMS must meet 
the manufacturing, installation, calibration, and maintenance requirements 
specified in EPA Performance Specification 1 (PS1) in order to be used for 
complying with an opacity standard. A VEM also has to comply with 
manufacturing, installation, calibration, and maintenance requirements in 
accordance with the manufacturer’s instructions in the owners manual that 
include the procedures outlined in § 503.2. Both devices may be used to comply 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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with the opacity standard of this rule. 
 
The definition of “Continuous Opacity Monitoring System (COMS)” in § 208 has 
been revised and reads: 
 
“The total equipment necessary for the determination of opacity of 
emissions which provides a continuous and permanent record of opacity 
readings and meets the minimum requirements specified under EPA 
Performance Specification 1 (40 CFR Part 60, Appendix B) and the uses 
quality assurance and quality control procedures in accordance with EPA 
Procedure 3 (40 CFR Part 60, Appendix F).” 
 
A definition has been added for a “Visible Emissions Monitor” in § 225 and reads: 
 
“The total equipment (including receiver, transmitter, data acquisition 
system, digital display control unit) necessary to determine the opacity of 
emissions generated by any of the equipment listed in § 102 which 
provides a continuous and permanent record of opacity readings.” 
 
Comment #5: 
Alternative Operating Conditions: Typically these conditions are listed in the 
owner’s manual from the manufacturer. All equipment manufacturers produce an 
owner’s manual specific to their equipment. Usually alternative operating 
conditions can be found in the special conditions section. Most new equipment, 
allow the operator to input the charge data into the cremator’s computer system. 
The computer system has presets that automatically make operational 
adjustments based on weight, temperature, fuel, throat air, etc. 
 
Response #5: 
MCAQD agrees that these conditions are typically listed in the owners manual 
from the manufacturer of the cremator. For this reason, § 304.6(b) was revised 
to require the owner or operator to have a written or electronic copy of the 
manual readily available. This will allow a facility to demonstrate why standard 
cremation procedures (such as temperatures or residence times in the 
secondary chamber) listed in § 304.4 for existing crematories and § 304.5 for 
new crematories were not used. 
 
Comment #6: 
Large Charges: Many cremators have preprogrammed settings for large charges. 
Newer equipment have a large charge mode allowing the cremator to 
automatically adjust fuel, temperature, air, etc. for maximum environmental and 
cremation efficiency (for charges 300 lbs. +). I spoke with a couple of the more 
forward-thinking manufacturers regarding an O & M Plan for large charges. They 
indicated there is not one. However, information on special cremation conditions 
could be found in their owner’s manual. 
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Response #6: 
MCAQD removed the O&M plan for large charges and replaced it with § 304.6 
and § 502.9 which currently states that the manufacturer’s recommendation may 
be used provided that the owner or operator: 
• Submits a one-time notification to the department; 
• Maintains a record of the alternative operating conditions and special 
procedures that include “temperatures, residence times, and any other 
alternative operating conditions or procedures used as required by the 
manufacturer’s owners manual”; and 
• Demonstrates compliance with the emission standards in this rule 
using the alternative residence times and temperatures. 
 
MCAQD also revised the definition of “Large Charge” to read as follows: 
“A charge weight of 300 lbs or greater for human or animal remains for 
which special written procedures are required from the crematory 
equipment manufacturer for performing a controlled cremation.” 
Including the phrase “for which special written procedures are required from the 
crematory equipment manufacturer” leaves the discretion up to the manufacturer 
of when a certain weight limit necessitates notification to the Department. 
 
Comment #7: 
Nighttime Combustion: We have not been involved with this, except during the 
pandemic when a variance was issued by the governor and MCAQD. EPA PS 1 is 
a federal regulation for incinerators and burn-off ovens, not Crematories. 
Crematories are not regulated by the EPA. There is no CFR for crematories. 
 
Response #7: 
MCAQD considered this comment and revised § 301.4 to clarify when an owner 
or operator can combust during the nighttime. An owner or operator of a 
crematory may burn at night if their retort is equipped with a COMS or a VEM 
provided that the COMS is compliant with EPA PS1 and EPA Procedure 3 
according to § 503.1 or the VEM is properly installed, calibrated, and maintained 
according to § 503.2. 
 
If a crematory is not equipped with a COMS or a VEM and a Public Health 
Emergency has been declared, a variance may be issued by the Control Officer 
allowing an owner or operator to conduct combustion operations at night 
according to § 301.4(c). which reads: 
“(1) If a public health emergency has been declared by the Governor of 
Arizona pursuant to Arizona Revised Statutes (A.R.S.) § 26-303, the 
Control Officer may issue a variance to rescind operational restrictions 
on nighttime combustion for crematories for the duration of the 
emergency. 
(2) An owner or operator of a crematory that intends to operate under the 
variance shall notify the Control Officer. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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(3) A crematory operating under a variance must maintain compliance 
with all other permit conditions and provisions of this rule, excluding § 
301.4(a).” 
 
A “Public Health Emergency” was also added to § 200 (Definitions) and is 
defined as: 
“An emergency proclaimed by the governor in which there is an 
occurrence or imminent threat of an illness or health condition that is 
caused by bioterrorism, an epidemic or pandemic disease or a highly fatal 
infectious agent or biological toxin and that poses a substantial risk of a 
significant number of human fatalities or incidents of permanent or long-
term disability pursuant to Arizona Revised Statutes (A.R.S.) 36-787.” 
 
Comment #8: 
Emission Control System (ESC): Why is this in your crematory rule? Cremation 
equipment does not have additional air pollution control equipment (other than 
an afterburner). We do not have a baghouse or venturi scrubber. I have only seen 
this equipment on cremation retorts in places, such as New York City. In over 35 
years I have yet to see a baghouse, separator device, or venturi scrubber on a 
cremation retort in Arizona. I question whether this section needs to be included 
in the updated rule. 
 
Response #8: 
Rule 313 § 301.5. requires an O&M Plan for an ECS. For the purposes of Rule 
313, an ECS is defined as follows: 
 
“A post-combustion system that is approved in writing by the Control 
Officer and is designed and operated in accordance with good engineering 
practice for reducing emissions of particulate matter. An ECS consists of 
both a capture system and control device(s).” 
 
The O&M Plan for the ECS is in the rule because this rule applies to other 
combustion units besides crematories that are required to have additional air 
pollution control equipment besides an afterburner. If your retort is not equipped 
with an air pollution control device (other than an afterburner), then this section 
does not apply to your unit and an O&M plan is not required. Currently, there are 
two facilities subject to Rule 313 in Maricopa County that have additional air 
pollution control devices and therefore, are required to have an O&M Plan for 
their ECS. 
 
Comment #9: 
O&M plan for large charges: There are special condition sections in equipment 
owner’s manual to address this area. There is no O&M plan for large charges. 
O&M plans are used for equipment maintenance. This differs from operational 
guidelines, which are special cremation conditions (such as large charges). 
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Response #9: 
MCAQD considered this comment and removed the O&M Plan for large charges. 
See Response #6 for more detail. 
 
Comment #10: 
Opacity observations: Why is Method 9 and/or Method 22 necessary when a 
COMS or opacity monitoring system perform the same function? Aren’t the 
COMS and opacity monitoring system more accurate and objective than the 
human eye? 
 
Response #10: 
MCAQD considered this comment and revised the rule to allow for the use of a 
properly installed, calibrated, and maintained COMS or VEM in lieu of a Method 9 
certified observer to conduct the daily opacity checks. A Method 9 certified 
observer must be used when a COMS or a VEM is not installed on the 
combustion unit and emissions can be seen with the human eye using a camera 
or by direct observation of the exhaust gases coming out of the stack during a 
burn cycle.  
 
Section 301.1 (Emissions Standard – Opacity) includes three options to choose 
from to demonstrate compliance with the 20% opacity standard. Specifically, § 
301.1(b) reads: 
 
“Opacity observations shall be conducted using one of the following: 
(1) COMS: Opacity observations shall be conducted by observing the 
output readings from a COMS that complies with § 503.1. 
(2) VEM: Opacity observations shall be conducted by observing the 
output readings from a VEM that complies with § 503.2. 
(3) Direct Observation: Opacity observations shall be conducted by 
observing the exhaust gases from the outlet of the stack in 
accordance with § 503.3.” 
Comment #11: 
Performance test-particulate matter: I can’t live with section 506.3 and 506.4. A 
similar regulation to Section 506.3 has been proposed previously, over the years, 
and didn’t fly. It is not realistic for larger cremation sources. Section 506.4 is fine 
if you have one cremation unit. 
 
Response #11: 
MCAQD considered this comment and kept the language as originally drafted in 
§ 506.3 and replaced the language in § 506.4. For clarity, both of these sections 
will be addressed separately below: 
 
§ 506.3 from original draft Rule 313 
 
The language in § 506.3 was renumbered and is currently in § 504.1(c) under § 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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504 (Compliance Determination for Particulate Matter). The purpose of § 504 is 
to clarify the minimum number of units requiring a performance test based on 
the number of permitted units at a facility. It also requires that each combustion 
unit undergo testing at least once throughout the life of the unit. Section 504.1 
reads: 
 
“a. Conduct a performance test every five years according to the table 
below: 
 
Number of 
Permitted 
Combustion Units 
Minimum Number 
of Units Requiring a 
Performance Test 
1 - 4 
1 
5 - 7 
2 
8 - 10 
3 
 
b. Each time a performance test is required, different combustion units 
must be tested so that all units are tested before any combustion units 
are retested. 
 
c. If emissions from any combustion unit exceed an applicable emission 
limit and there are other units that were produced by the same 
manufacturer, have the same model number or other manufacturer’s 
designation in common, the Control Officer may request the owner or 
operator to demonstrate that each combustion unit in the 
representative group is in compliance with the applicable limits by 
conducting a performance test on each unit in the representative 
group.” 
 
The language in subsection (c) has been used in other MCAPCR rules and is not 
a new requirement to air permits for these source types. The Control Officer is 
granted this authority to request additional source testing under Rule 200 § 310 
and Rule 270 § 301. For the Control Officer to exercise this right, the Control 
Officer must determine in writing that the request is reasonable and necessary. 
This provision already exists in most air permits that require performance 
testing. 
 
§ 506.4 from original draft Rule 313 
 
MCAQD removed the language in § 506.4 which referred to using conventional 
rounding to determine how many permitted units require a performance test. 
This language was replaced with the table in § 504.1(a) (above) for clarity. 
 
Comment #12: 
The EPA does not regulate crematories. Why does rule 313 include crematories 
with incinerators, and burn-off ovens? They are not the same! Does EPA ask for 
additional data on burn-off ovens and incinerators only? Why does this rule lump 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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all three processes together when only 2 are regulated under EPA? Is there a way 
to have a separate sub-section for crematories that won’t add to the regulatory 
burden that already exists. Interestingly, cremation equipment manufacturers 
request a copy of a source’s current A/Q permit. This is required so the 
manufacturer can fabricate the equipment to permit specifications prior to 
shipment. 
 
Response #12: 
The purpose of Rule 313 is to limit particulate matter from combustion units that 
are not regulated under 40 CFR Part 60, which includes crematories. Crematories 
are lumped in with incinerators and burn-off ovens because they all combust 
material and are considered sources of PM. Crematories are not currently 
federally regulated because human remains do not meet the definition of solid 
waste and there is no separate category for remains. Regulation of this source 
type was left up to the states and local agencies to enforce the National Ambient 
Air Quality Standards for criteria pollutants in lieu of EPA establishing a separate 
category and regulatory program for burning human or animal remains. When 
Rule 313 was revised in 2004, burn-off ovens and crematories were included in 
the title and definitions were added for those two terms. 
  
Comment #13: 
I believe the existing rule just needs to be fine-tuned. Additional regulatory 
constraints placed into the SIP will only increase the regulatory burden. Every 
cremation equipment manufacturer has an owner’s manual. Although equipment 
and their protocols may differ, the cremation process is simple, I believe the rule 
needs to be more generic. 
 
I do not see how these additional regulatory requirements will give MCAQD a 
more enhanced way to maximize compliance efforts when dealing with sources 
who choose to not comply. Since there are several manufacturers of cremation 
equipment, it could help to leave as many parts of existing rule in place, and 
allow for a more level and generic playing field. 
 
Response #13: 
The revisions of Rule 313 are clarifications of the requirements that are already 
in the current rule, in the substantive policy statement for nighttime burning, or in 
air permits as permit conditions for these source categories. In summary, the 
following proposed revisions are updates, enhancements, and clarifications to 
provisions that are in the current rule: 
• Restructuring the rule by source type to help regulated entities more 
easily identify applicable requirements. 
• Exempting combustion sources that are already subject to more 
stringent federal requirements (such as 40 CFR 60 Subpart EEEE and 
Subpart FFFF) from the requirements of this rule. 
• Clarifying monitoring methods and recordkeeping requirements for 
daily opacity checks. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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• Clarifying performance testing requirements for facilities with multiple 
units. 
• Providing alternative performance testing periods for units equipped 
with a continuous visible emissions monitoring system. 
• Incorporating portions of Substantive Policy Statement SPS-2019-002-
Rule 313 Incinerators, Burn-Off Ovens, and Crematories Nighttime 
Combustion Operations to allow flexibility with calibration and 
maintenance procedures for a visible emissions monitoring system. 
• Clarifying nighttime combustion requirements. 
• Adding a provision allowing the Control Officer to issue a variance to 
rescind operational restrictions on nighttime combustion requirements 
for crematories in the event of a public health emergency. 
• Adding a notification requirement for the cremation of large charges or 
special circumstances that require changes to standard cremation 
procedures. 
 
Stakeholder #3: Comment #14 submitted on September 6, 2024 
 
Comment #14: 
I have quickly reviewed and nobody ever wants more regulation, and changes are 
never welcome when you settle into a normal - but I see nothing onerous here at 
first glance. 
 
My biggest concerns revolve around the focus on "large charges" since we have 
very large machines designed specifically for extremely large charges (like 
horses).  When you have a cremator specifically designed for a 2500 pound 
charge - the perspective is different. 300 pounds is not a large charge. I do 
understand in typical human crematories, 300 pounds = a large (risky) charge! 
 
BTW, I started using COMS and keeping continuous HD video recording years 
ago. I think everyone benefits with this approach. 
 
Response #14: 
Thank you for your comment regarding large charges and the different 
perspectives that may exist for human crematories compared to animal 
crematories. A “Large Charge” is defined in Rule 313 § 217 as the following: 
 
“a charge weight of 300 lbs or greater for human or animal remains for 
which special written procedures are required from the crematory 
equipment manufacturer for performing a controlled cremation.” 
 
If a charge is over 300 lbs and requires temperatures and residence times that 
are different from what is required under § 304.4 for existing crematories or § 
304.5 for new crematories, then the owner or operator must comply with the 
alternative operating conditions prescribed in § 304.6 which include: 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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•
Submitting a one-time notification to the department;
•
Maintaining a record of the alternative operating conditions and
special procedures that include “temperatures, residence times, and
any other alternative operating conditions or procedures used as
required by the manufacturer’s owners manual”; and
•
Demonstrates compliance with the emission standards in this rule
using the alternative residence times and temperatures.
If the charge is over 300 lbs but the burn cycle operates in accordance with § 
304.4 or § 304.5 without exceeding the emission standards of this rule, then the 
requirements in § 304.6 do not apply. 
Stakeholder #4: Comment #15 submitted on September 22, 2024 
Comment #15: 
I would like to express support. 
Response #15: 
MCAQD appreciates your support for the rule revision. 
Note to reader: Attached to the Citizen Comment form was a photo of an 
individual with no written comments or additional information related to the 
rulemaking. MCAQD replied via email to the commenter to inquire if any written 
comments were intended to accompany the Citizen Comment form but received 
no response. To view the .jpg file that was attached to the form, a public records 
request may be submitted to MCAQD. 
Exact Wording of the Rule 
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION III – CONTROL OF AIR CONTAMINANTS 
RULE 313 (INCINERATORS, BURN-OFF OVENS, AND 
CREMATORIES) 
INDEX 
SECTION 100 – GENERAL 
101 
PURPOSE 
102 
APPLICABILITY 
Return to list of attachments
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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103 
EXEMPTIONS 
SECTION 200 – DEFINITIONS 
201 
AFTERBURNER 
202 
BURN CYCLE 
202 
203 
BURN-OFF OVEN 
204 
CAMERA SYSTEM 
205 
CHARGE 
206 
CHARGE WEIGHT 
203 
207 
COMBUSTIBLE REFUSE 
204 
208 
CONTINUOUS OPACITY MONITORING SYSTEM (COMS) 
205 
209 
CREMATION 
206 
210 
CREMATORY 
207 
211 
ELECTRIC INDUCTION FURNACE 
212 
EMISSION CONTROL SYSTEM (ECS) 
208 
213 
FLUE 
214 
FLUIDIZED TEMPERATURE BATH 
209 
HOSPITAL WASTE 
210 
215 
INCINERATION 
211 
216 
INCINERATOR 
217 
LARGE CHARGE 
212 
MEDICAL WASTE 
213 
218 
METAL SALVAGE OPERATIONS 
214 
219 
NIGHTTIME COMBUSTION 
215 
220 
PARTS RECLAMATION UNIT 
216 
PATHOLOGICAL WASTE 
221 
PUBLIC HEALTH EMERGENCY 
217 
222 
PYROLYSIS/COMBUSTION UNIT 
218 
223 
RESIDENCE TIME 
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224 
TIME OF OPERATION 
225 
VISIBLE EMISSIONS MONITOR (VEM) 
SECTION 300 – STANDARDS 
301 
CONTROLS REQUIRED GENERAL REQUIREMENTS 
302 
EMISSIONS STANDARD-OPACITY CONTROLS REQUIRED FOR INCINERATORS 
303 
EMISSIONS STANDARD-PARTICULATES CONTROLS REQUIRED FOR BURN-OFF 
OVENS 
304 
NIGHTTIME COMBUSTION CONTROLS REQUIRED FOR CREMATORIES 
305 
OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR 
POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM 
(ECS) 
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 
SECTION 500 – MONITORING AND RECORDS 
501 
RECORDKEEPING RECORDS RETENTION AND REPORTING 
502 
OPACITY OBSERVATIONS RECORDKEEPING 
503 
NIGHTTIME COMBUSTION COMPLIANCE DETERMINATION FOR OPACITY 
504 
COMPLIANCE DETERMINATION FOR PARTICULATE MATTER 
504 
505 
PREVENTATIVE MAINTENANCE LOG COMPLIANCE DETERMINATION - TEST 
METHODS INCORPORATED BY REFERENCE 
505 
ALTERNATE OPERATING CONDITIONS 
506 
PERFORMANCE TEST RESULTS 
507 
COMPLIANCE DETERMINATION-TEST METHODS 
508 
TEST METHODS INCORPORATED BY REFERENCE 
 
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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Revised 07/13/88; Revised 04/07/93; Revised 09/22/04; Revised 05/09/12, Revised 
MM/DD/YY 
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION III – CONTROL OF AIR CONTAMINANTS 
RULE 313 (INCINERATORS, BURN-OFF OVENS, AND 
CREMATORIES) 
SECTION 100 – GENERAL 
101 
PURPOSE: To limit particulate matter emissions from incinerators, burn-off ovens, and 
crematories. 
102 
APPLICABILITY: This rule applies to the following types of equipment and activities: 
102.1 Incinerators. 
102.2 Burn-off ovens, including parts reclamation units, used in metal salvage 
operations or used to remove nonmetallic coatings from metal parts by the 
application of heat and that meet one of the following conditions: 
a. Charge combustion capacity of greater than 25 pounds (lbs) per hour; or 
b. Internal oven volume greater than one (1) cubic yard; or 
c. Fuel burning capacity of primary chamber greater than 200,000 British 
thermal units Btu per hour. 
102.3 Crematories. 
102.4 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source 
Performance Standards (NSPS) in Rule 360 and/or National Emission Standards 
for Hazardous Air Pollutants (NESHAP) in Rule 370 of these rules. 
103 
EXEMPTIONS: The following types of equipment and activities are exempt from this 
rule: 
103.1 Laboratory ovens;. 
103.2 Environmental test chambers;. 
103.3 Ovens used in research facilities;. 
103.4 Flares;. 
103.5 Curing or drying ovens that are operated at temperatures lower than 600° F;. 
103.6 Electric induction furnaces; and. 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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103.7 Fluidized temperature baths. Burning-off of pre-cleaned items consisting entirely 
of metal and containing no debris visible to the naked eye. Pre-cleaning shall be 
done by flushing with water, solvent and/or mechanical means. 
102.1 103.8 All incinerators Incinerators except those subject to: 
a. Maricopa County Air Pollution Control Regulations Rule 314 (Outdoor Fires 
and Commercial/Institutional Solid Fuel Burning); 
b. Maricopa County Rule 317 (Hospital/Medical/Infectious Waste Incinerators) 
and Standards of Performance for Hospital/Medical/Infectious Waste 
Incinerators for Which Construction Is Commenced After June 20, 1996 (40 
CFR Part 60, Subpart Ec); or 
a. 
b. Resource Conservation and Recovery Act (RCRA) Subtitle C; or 
c. 40 CFR Part 60, Subpart CCCC (Standards of Performance for Commercial 
and Industrial Solid Waste Incineration Units) for Which Construction Is 
Commenced After November 30, 1999, or for Which Modification or 
Reconstruction is Commenced on or After June 1, 2001 (40 CFR Part 60, 
Subpart CCCC); or 
d. 40 CFR Part 60, Subpart DDDD (Emissions Guidelines and Compliance Times 
for Commercial and Industrial Solid Waste Incineration Units); that 
Commenced Construction On or Before November 30, 1999 (40 CFR Part 60, 
Subpart DDDD). 
e. 40 CFR Part 60, Subpart EEEE (Standards of Performance for Other Solid 
Waste Incineration Units for Which Construction is Commenced After 
December 9, 2004 or for Which Modification or Reconstruction is 
Commenced on or After June 16, 2006); or 
f. 40 CFR 60, Subpart FFFF (Emission Guidelines and Compliance Times for 
Other Solid Waste). 
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 Definition) 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 
AFTERBURNER: A heating device associated with An air pollution control device in the 
secondary chamber of an incinerator, burn-off oven or crematory that is designed to 
provide excess air and heat for complete combustion of the gases in the primary 
chamber so as to control particulate emissions matter. 
202 
BURN CYCLE: Refers to the time beginning when the charge is placed in an incinerator, 
crematory or burn-off oven until when the primary/main chamber is shut-off and before 
placing the next charge in the unit. 
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202 
203 
BURN-OFF OVEN: A heating device used in metal salvage operations intended to 
remove nonmetallic materials such as oils, greases, paints, coatings, rubber, lacquers, 
plastics, and insulation from other materials or parts by combustion or charring. 
204 
CAMERA SYSTEM: The total equipment used to determine the presence or absence of 
visible emissions. The source video equipment must be a closed-circuit system that 
meets the following minimum specifications: a high-definition camera and recording 
resolution of 5 megapixels (2560 x 1920p), Ingress Protection (IP) rating of IP54 for 
outdoor weather proofing, and designed to withstand temperatures up to 122° F. 
205 
CHARGE: Material loaded into an incinerator, burn-off oven, or crematory. 
206 
CHARGE WEIGHT: The total weight of material loaded into an incinerator, burn-off oven, 
or crematory to be cremated or incinerated during a single burn cycle. 
203 
207 
COMBUSTIBLE REFUSE: Any solid or liquid combustible waste material containing 
carbon in a free or combined state. 
204 
208 
CONTINUOUS OPACITY MONITORING SYSTEM (COMS): The total equipment 
necessary for the determination of opacity of emissions which provides a continuous 
and permanent record of opacity readings and meets the minimum requirements 
specified under EPA Performance Specification 1 (40 CFR Part 60, Appendix B) and the 
uses quality assurance and quality control procedures in accordance with EPA 
Procedure 3 (40 CFR Part 60, Appendix F). 
205 
209 
CREMATION: The process of reducing human or animal remains to bone fragments and 
ashes in a controlled retort incinerator or furnace using heat and/or flame. The 
reduction takes place through heat and evaporation. Cremation shall also include the 
processing and pulverization of the bone fragments. 
206 
210 
CREMATORY: A retort incinerator used for the cremation of remains (human or animal), 
body parts, and associated wrappings. This term may also be used to refer to an 
establishment wherein these remains are cremated. A crematory may be considered 
existing or new, dependent upon the date it was constructed. If it was manufactured, 
constructed, modified, or commenced operation, including the contractual obligation to 
undertake and complete an order for a crematory, prior to September 22, 2004, then it is 
an existing crematory. 
207 
211 
ELECTRIC INDUCTION FURNACE: A furnace or oven that is used to melt metals by use 
of electricity as the source of power or an alternating current electric furnace in which 
primary conductor is coiled and generates by electromagnetic induction a secondary 
current that develops within the metal charge. 
212 
EMISSION CONTROL SYSTEM (ECS): A post-combustion system that is approved in 
writing by the Control Officer and is designed and operated in accordance with good 
engineering practice for reducing emissions of particulate matter. An ECS consists of 
both a capture system and control device(s). 
208 
213 
FLUE: A duct or passage, such as a stack or chimney, for air contaminants. 
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214 
FLUIDIZED TEMPERATURE BATH: A heat treatment device that is used to remove 
coatings from metal parts by immersing the metal part in a container of sand (or similar 
material such as aluminum oxide) that is heated and injected with compressed gas or 
air. Injected compressed gas keeps the sand grains from packing together, making 
them behave more like a liquid than a solid. 
209 
HOSPITAL WASTE: Discards generated at a hospital or clinic, except unused items 
returned to the manufacturer. The definition of hospital waste does not include human 
corpses, remains, and anatomical parts that are intended for interment or cremation. 
210 
215 
INCINERATION: The process of combustion or pyrolysis involving the chemical reaction 
of combustible waste materials with air in which the primary purpose is the destruction 
and reduction in size and mass of the combustible material. 
211 
216 
INCINERATOR: Any equipment used for the purpose of reducing the volume and mass 
by removing combustible matter by direct combustion or the combustion of waste 
gases from pyrolysis or gasification. Incinerator designs include single chamber and 
two-chamber. A two-chamber incinerator consists of two or more refractory lined 
combustion chambers in series, physically separated by refractory walls, interconnected 
by gas passage ports or ducts designed for maximum combustion of the material to be 
burned. An “incinerator” does not include devices such as open or screened barrels, 
drums, or process boilers. 
211.1 216.1 Primary Chamber: The initial compartment of an incinerator wherein the majority 
of waste volume reduction or heat treatment occurs by combustion. Primary 
chambers are normally operated at lower temperatures than are secondary 
chambers or afterburners. 
211.2 216.2 Secondary Chamber: The compartment of an incinerator that operates at excess 
air conditions wherein destruction of gas-phase combustion products occurs. 
Passage ports, ducts, flues, chimneys, or stacks with burners shall not be 
considered controlled secondary chambers unless (1) the combustion zone 
exhibits design measures for the retention of the gas stream in the chamber, 
turbulence or mixing, and (2) there is an availability of excess air as determined 
by engineering analysis. 
217 
LARGE CHARGE: A charge weight of 300 lbs or greater for human or animal remains for 
which special written procedures are required from the crematory equipment 
manufacturer for performing a controlled cremation. 
212 
MEDICAL WASTE: Any non-gaseous waste, including infectious wastes, which is 
generated in the diagnosis, treatment, or immunization of human beings or animals, in 
research pertaining thereto, or in production or testing of biological agents and 
substances. Medical waste does not include any wastes identified under subtitle C of 
the Resource Conservation and Recovery Act (RCRA) as hazardous or as household 
waste, but includes those pharmaceuticals which are not identified as hazardous by 
subtitle C of RCRA. Medical waste does not include human or animal remains, caskets, 
containers, clothing or wrappings from crematories. An expanded definition of medical 
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waste is found in 40 CFR 60, Subpart Ec. The definition of “medical waste” includes, but 
is not limited to: 
212.1 Cultures and stocks of infectious agents and human pathological waste; 
212.2 Human blood and blood products, ; 
212.3 Sharps, needles and broken glass that were in contact with infectious wastes; 
212.4 Animal wastes exposed to infectious wastes,; 
212.5 Isolation wastes; and 
212.6 Unused sharps, needles and syringes. 
213 
218 
METAL SALVAGE OPERATIONS: Any source operation in which combustion or 
pyrolysis is carried on for the principal primary purpose, or with the principal result, of 
recovering metals which are introduced into the operation as essentially pure metals, or 
alloys thereof, by oxidation of physically intermingled combustible material. Operations, 
in which there is a complete fusion of all such metals such as in an electric induction 
furnace, are not considered “metal salvage operations” for the purpose of this rule. 
214 
219 
NIGHTTIME COMBUSTION: Combustion that occurs after sundown and before the 
following sunrise. 
215 
220 
PARTS RECLAMATION UNIT: A type of burn-off oven that combusts only paints, 
lacquers, and varnishes off of metal items (e.g., tools and equipment) so that these 
items can be reconditioned and reused. A burn-off oven used to remove plastic, 
insulation or rubber from items shall not be considered a parts reclamation unit for the 
purpose of this rule. 
216 
PATHOLOGICAL WASTE: Waste material that consists of only human or animal 
remains, anatomical parts and/or tissue, the bags/containers used to collect and 
transport the waste material, and animal bedding (if applicable). 
221 
PUBLIC HEALTH EMERGENCY: An emergency proclaimed by the governor in which 
there is an occurrence or imminent threat of an illness or health condition that is caused 
by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or 
biological toxin and that poses a substantial risk of a significant number of human 
fatalities or incidents of permanent or long-term disability pursuant to Arizona Revised 
Statutes (A.R.S.) § 36-787. 
217 
222 
PYROLYSIS/COMBUSTION UNIT: A combustion unit that produces gases, liquids, or 
solids through the heating of waste, and the gases, liquids, or solids produced are 
combusted and emissions vented to the atmosphere. 
218 
223 
RESIDENCE TIME: The average time that gases spend in a defined space, also known 
as “bulk gas average residence time”. 
224 
TIME OF OPERATION: The start and end times of each burn cycle. 
225 
VISIBLE EMISSIONS MONITOR (VEM): The total equipment (including receiver, 
transmitter, data acquisition system, digital display control unit) necessary to determine 
the opacity of emissions generated by any of the equipment listed in § 102 which 
provides a continuous and permanent record of opacity readings. 
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SECTION 300 – STANDARDS 
301 
GENERAL REQUIREMENTS: The owner or operator of an incinerator, burn-off oven, or 
crematory listed in § 102 shall comply with the following requirements: 
302 
301.1 EMISSIONS STANDARD-OPACITY: An owner or operator shall not cause, allow, 
or permit emissions into the atmosphere from any incinerator, burn-off oven, or 
crematory, for an aggregate of more than 30 seconds in any 60 minutes, for any 
air contaminant that exceeds 20% percent opacity for a period aggregating more 
than 30 seconds in any 60-minutes period (Section 507.3 of this rule). 
a. Opacity observations shall be completed on the first, last, and largest charge 
of the day after burning of the material has commenced. 
b.  Opacity observations shall be conducted using one of the following: 
(1) COMS: Opacity observations shall be conducted by observing the output 
readings from a COMS that complies with § 503.1. 
(2) VEM: Opacity observations shall be conducted by observing the output 
readings from a VEM that complies with § 503.2. 
(3) Direct Observation: Opacity observations shall be conducted by observing 
the exhaust gases from the outlet of the stack in accordance with § 503.3. 
c. Records shall be maintained according to § 502.1. 
303 
301.2 EMISSIONS STANDARD-PARTICULATES MATTER: An owner or operator shall 
not cause, allow, or permit particulate matter emissions into the atmosphere 
from any incinerator, burn-off oven, or crematory, which to exceed 0.080 grain per 
cubic foot of dry flue gas at standard conditions adjusted to 7% oxygen (O2) in 
the exhaust gases and calculated as if no auxiliary fuel had been used. 
301.3 GOOD COMBUSTION PRACTICES: An owner or operator of any equipment listed 
in § 102 and associated monitoring devices that indicate temperatures, 
pressures, flow rates or other operating conditions shall install, operate, and 
maintain the equipment in good working order. This shall be demonstrated by 
following recommendations provided by the manufacturer’s owners manual. 
304 
301.4 NIGHTTIME COMBUSTION: An owner or operator who chooses to conduct 
nighttime combustion operations shall comply with the following conditions: 
a. Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation 
Unit: An owner or operator of an incinerator, crematory, or burn-off oven 
(other than a parts reclamation unit) who chooses to conduct nighttime 
combustion operations shall comply with one of the following:  
(1) Operate a COMS at all times during nighttime combustion operations and 
install, calibrate, operate, and maintain the COMS in accordance with § 
503.1. 
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(2) Operate a VEM at all times during nighttime combustion operations and 
install, calibrate, operate, and maintain the VEM in accordance with § 
503.2. 
b. Parts Reclamation Unit: An owner or operator of a parts reclamation unit may 
conduct nighttime combustion operations without a COMS or VEM if the unit 
is used solely to remove paints, lacquers, and varnishes off of metal items, 
the unit has an inside stack diameter less than 10 inches, and the owner and 
operator: 
(1) Does not cause, allow or permit any visible emissions during combustion 
during the nighttime;  
(2) Provides artificial lighting of the plume at the stack outlet to enable 
observations of stack emissions to occur at night; 
(3) Conducts visible emissions observations using EPA Reference Method 22 
as incorporated by reference in § 505.9 of this rule at least once per hour 
during each burn cycle; and 
(4) Does not conduct combustion operations during the nighttime for more 
than 120 hours per calendar year per parts reclamation unit. 
304.1 Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation Unit: A 
Continuous Opacity Monitoring System (COMS) shall be operated at all times 
during nighttime combustion operations and shall comply with the following 
conditions:. 
a. The COMS shall be calibrated and maintained in accordance with EPA 
Performance Specification # 1, described in Section 507.2 of this rule and 
shall be calibrated at least once per day. The COMS shall be located 
downstream from all particulate control equipment, where condensed water 
is not present, free of interference from ambient light (applicable only if 
transmissometer is responsive to ambient light) and accessible in order to 
permit routine maintenance in accordance with the test method described in 
Section § 50X of this rule.  
b. A properly trained COMS operator shall be present at all times during 
nighttime combustion operations. The operator shall be trained in the proper 
operation and maintenance of the COMS as well as the shutdown procedures 
of the incinerator, burn-off oven, or crematory. Therefore if the COMS 
registers opacity readings that are higher than the opacity limitations in 
Section 302 of this rule, then the operator shall have the authority and 
capability to shut down the operation.   
304.2 
Parts Reclamation Unit: An owner or operator of a parts reclamation unit with 
an inside stack diameter less than 10 inches who chooses to conduct 
nighttime combustion operations without the installation and operation of a 
COMS shall: 
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a. Not cause, allow or permit any visible emissions during combustion during 
the nighttime; and 
b. Conduct visible emissions observations in compliance with the test 
method described in Section 507.4 of this rule at least once per hour 
during each nighttime combustion cycle; and 
c. Operate and maintain the parts reclamation unit in accordance with the 
manufacturer’s operations and maintenance manual or other similar 
written materials supplied by the manufacturer or distributor of the unit to 
ensure the unit remains in proper operating condition. 
d. Operate exclusively with parts reclamation units with an inside stack 
diameter less than 10 inches. 
c. Public Health Emergency:  
(1) If a public health emergency has been declared by the Governor of Arizona 
pursuant to Arizona Revised Statutes (A.R.S.) § 26-303, the Control Officer 
may issue a variance to rescind operational restrictions on nighttime 
combustion for crematories for the duration of the emergency. 
(2) An owner or operator of a crematory that intends to operate under the 
variance shall notify the Control Officer.  
(3) A crematory operating under a variance must maintain compliance with all 
other permit conditions and provisions of this rule, excluding § 301.4(a). 
305 
301.5 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR 
POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL 
SYSTEM (ECS): An owner or operator subject to this rule operating an ECS shall 
provide, properly install and maintain in calibration, in good working order and in 
operation the air pollution control equipment required by this rule. This includes 
the following: An owner or operator of an ECS that consists of additional 
equipment other than an afterburner shall: 
a. Properly install, operate, and maintain in calibration and in good working order 
the ECS associated with an incinerator, burn-off oven, or crematory listed in § 
102. 
305.1 b. Provide and maintain devices that indicate temperatures, pressures, rates of 
flow, or other operating conditions necessary to determine if the ECS air 
pollution control equipment is functioning properly and is properly 
maintained. 
305.2 
Keep records according to Section 501 of this rule that demonstrate the air 
pollution control equipment meets the control standards required in Section 
300 of this rule. 
305.3 
Submit an Operation and Maintenance (O&M) Plan if the air pollution control 
equipment consists of additional equipment other than an afterburner, such 
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as a baghouse or venturi scrubber according to the following O&M Plan 
requirements for an Emission Control System (ECS): 
a. An owner or operator subject to this rule shall provide and maintain readily 
available on-site at all times the O&M Plan(s) for any ECS and any ECS 
monitoring devices that are used under this rule or an air pollution control 
permit. 
b. An owner or operator subject to this rule shall submit to the Control 
Officer for review the O&M Plan(s) for any ECS including an ECS 
monitoring device that is required by this rule or required under an air 
pollution control permit. 
c. An owner or operator subject to this rule operating an ECS shall install, 
maintain and accurately calibrate monitoring devices listed in the O&M 
Plan(s) including, but not limited to, monitoring devices that measure 
pressure differentials and other operating conditions necessary to 
determine if control devices are functioning properly. 
d. An owner or operator who is required to have O&M Plan(s) for any ECS 
including any ECS monitoring devices must fully comply with all elements 
of the O&M Plan(s) including, but not limited to, every action, schedule, 
and condition identified in each O&M Plan. 
e. c. Submit to the Control Officer for approval an An O&M Plan for any ECS 
including and any ECS monitoring devices that are used under this rule or 
an air pollution control permit. The O&M Plan shall include all of the 
following information: 
(1) ECS equipment manufacturer; 
(2) ECS equipment model; 
(3) ECS equipment identification number or identifier that the owner or 
operator subject to this rule assigns to such ECS equipment when the 
manufacturer’s equipment identification number is unknown; and 
(4) Any other information required by Section 501 of this rule. Operating 
parameters that will be monitored to demonstrate continued operation 
of the ECS in the manner the ECS was operated during the most recent 
performance test; and 
(5) The manufacturer’s recommended maintenance procedures and 
frequencies. 
f. The owner or operator subject to this rule, who receives a written notice 
from the Control Officer that an O&M Plan for any ECS including any ECS 
monitoring devices is deficient or inadequate, must make written revisions 
to the O&M Plan. The revised O&M Plan must be submitted to the Control 
Officer within five working days of receipt of the Control Officer’s written 
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notice, Such time period can be extended by the Control Officer, upon 
written request and for good cause. During the time that such owner or 
operator subject to this rule is preparing revisions to the O&M Plan, such 
owner or operator shall still comply with all requirement of this rule. 
d. Fully comply with all elements of the most recent O&M Plan(s) including, 
but not limited to, every action, schedule, and condition identified in each 
O&M Plan. 
e. The owner or operator who receives a written notice from the Control 
Officer that an O&M Plan for any ECS including any ECS monitoring device 
is deficient or inadequate, shall comply with the following conditions: 
(1) Make written revisions to the O&M Plan and submit the revised O&M 
Plan to the Control Officer for approval within five working days of 
receipt of the Control Officer’s written notice. 
(2) An extension to submit a revised O&M Plan may be granted by the 
Control Officer upon written request and for good cause. 
(3) During the time the owner or operator is preparing revisions to the 
O&M Plan, the owner or operator shall still comply with all 
requirements of this rule. 
f. Maintain on site, in a readily accessible location, the most recent O&M 
Plan for each ECS and each ECS monitoring device that is used under this 
rule or an air pollution control permit. 
301 
302 
CONTROLS REQUIRED FOR INCINERATORS: An owner or operator of an incinerator 
shall comply with all of the following requirements: 
301.1 302.1 Comply with the general requirements in § 301; 
302.2 Comply with the recordkeeping requirements in § 501 and § 502; 
302.3 Incinerators: Combustion of all types of combustible refuse in an incinerator 
shall be performed in a multiple-chamber incinerator that; Combust in a multiple-
chamber incinerator; and 
302.4 The secondary chamber or afterburner shall operate operates at least at a 
minimum temperature of 1600 °F in the secondary chamber or afterburner, with a 
residence time of at least one (1) second in the secondary chamber or 
afterburner during the period of combustion in order to destroy the combustion 
products. 
301.2 303 
CONTROLS REQUIRED FOR BURN-OFF OVENS Burn-Off Ovens: The owner or operator 
of a burn-off oven (including parts reclamation units) shall comply with all of the 
following requirements: 
303.1 Comply with the general requirements in § 301; 
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303.2 Comply with the recordkeeping requirements in § 501 and § 502; 
303.3 Metal salvage operations or removal of materials utilizing a burn-off oven shall 
employ Conduct burn-off operations in an oven with at least two chambers.; and 
303.4 The secondary compartment chamber or afterburner shall operate at a minimum 
temperature of at least 1400 °F with a residence time of at least one-half (½) 
second during the period of combustion in order to destruct destroy the 
combustion products. 
301.3 304 
CONTROLS REQUIRED FOR CREMATORIES: Crematories: A crematory shall consist of 
an incinerator comprised of at least two chambers and that complies with the following 
conditions: The owner or operator of a crematory shall comply with all of the following 
requirements: 
304.1 Comply with the general requirements in § 301; 
304.2 Comply with the recordkeeping requirements in § 501 and § 502; 
304.3 Use a multiple-chamber crematory; and 
a. 
304.4 Existing Crematories: For an existing crematory the The burner in the primary 
chamber shall not be ignited until the secondary chamber combustion zone 
temperature is equal to or greater than 800 °F. The secondary compartment or 
afterburner shall operate at a minimum temperature of at least 1400 °F with a 
residence time of at least one (1) second during the period of combustion in 
order to destruct destroy the combustion products. 
b. 
304.5 New Crematories: For a new crematory, the The burner in the primary chamber 
shall not be ignited until the secondary chamber combustion zone temperature is 
equal to or greater than 1000°F. The secondary compartment or afterburner shall 
operate at a minimum temperature of at least 1600 °F with a residence time of at 
least one (1) second during the period of combustion in order to destruct destroy 
the combustion products. 
c. 
Alternate Operating Conditions: If the manufacturer’s optimum design 
specifications for the minimum temperature or residence time of a secondary 
chamber or afterburner at existing crematories are different from the 
temperatures or residence times set forth in Section 301.3 (a) of this rule, the 
manufacturer’s specifications may be used instead, providing that the owner or 
operator demonstrates compliance with the test methods listed in Section 507 of 
this rule. 
d. 
Additional Operating Conditions for Cremating Large Bodies: Alternate operating 
temperatures and special procedures may be required for cremation of large 
bodies (over 300 lbs.) That are different from the temperatures or residence 
times in the afterburner set forth in Section 301.3 of this rule. These alternate 
times and temperatures may be followed when cremating large bodies, provided 
that the owner or operator demonstrates compliance with the test methods listed 
in Section 507 of this rule. 
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304.6 Alternative Operating Conditions: For the cremation of large charges or special 
circumstances that require changes to standard cremation procedures listed in § 
304.4 and § 304.5, the manufacturer’s recommendations may be used instead 
provided that the owner or operator: 
a. Notifies the department prior to the cremation requiring alternative operating 
conditions: 
(1) Within 30 days of rule adoption; 
(2) Within 5 business days; or  
(3) Upon submitting a permit application for a new crematory.  
b. Maintains a record of the alternative operating conditions and special 
procedures in accordance with recordkeeping requirements in § 502.9. 
c. Demonstrates compliance with the emission standards in this rule using the 
alternative residence times and temperatures with the test methods listed in 
§ 505.  
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 
SECTION 500 – MONITORING AND RECORDS 
501 
RECORDS RETENTION AND REPORTING: An owner or operator subject to this rule shall 
comply with the following requirements: 
501.1 Records shall be retained for a period of five years. 
501.2 Records shall be made available to the Control Officer no later than five business 
days upon verbal or written request. 
501.3 Records shall be made available to the Control Officer upon request by members 
of the public using the County’s public records request process. 
501.4 Records shall be kept on site at all times in a consistent and complete manner. 
502 
RECORDKEEPING: An owner or operator shall keep records that consist of the following 
information: 
502.1 Opacity - Visible Emission Monitoring: 
a. With a COMS or VEM: 
(1) A continuous record of opacity readings generated by the device that 
includes the date, time, location, and results. 
(2) Any corrective action(s) taken in the event of an exceedance of the 20% 
opacity standard in § 301.1. 
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(3) Routine maintenance, adjustments, and calibration records of the visible 
emissions monitoring device as specified in § 503.1 for a COMS or §503.2 
for a VEM.  
(4) A copy of the manufacturer’s calibration and maintenance instructions. 
(5) A copy of the annual certification as required in § 503.1 for a COMS or § 
503.2(c) for a VEM. 
b. With a camera system: Date, time, location, approximate wind speed and 
direction, sky conditions, make and model of the camera, location of 
camera relative to emission source (stack) and sun, unit(s) being 
observed, presence or absence of visible emissions, and duration of the 
observation period. 
c. With a visible emissions observer: 
(1) Date, time, location, weather and wind conditions, sky conditions, location 
of observer relative to emission source (stack) and sun, unit(s) being 
observed, presence or absence of visible emissions, and duration of the 
observation period. 
(2) Any corrective action(s) taken to ensure compliance with the 20% opacity 
standard in § 301.1. 
(3) EPA Method 9 certifications for the person(s) conducting the visual 
emissions observations. 
502.2 Particulate Matter – Periodic Performance Test Reports: A copy of all 
performance test reports. Test reports shall be submitted to the Control Officer 
within 45 days after:  
a. The last day of testing of a single piece of equipment; or  
b. The conclusion of testing multiple pieces of equipment with no more than 14 
calendar days between tests.  
502.3 Good Combustion Practices: A copy of the manufacturer’s owners manual for 
each unit listed in § 102. 
502.4 Nighttime Combustion without a COMS or VEM - Parts Reclamation Units Only:  
a. Hourly records of visible emissions observations taken at night during each 
combustion cycle for each parts reclamation unit. 
b. Type of artificial lighting to adequately observe the plume at the stack outlet. 
c. Monthly records totaling the number of hours each parts reclamation unit 
operated at nighttime. 
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502.5 Operation & Maintenance Records: On each day an ECS operates, record the 
ECS operating parameters described in the O&M Plan in accordance with § 
301.5. Maintain a log of equipment preventive maintenance activities performed. 
502.6 Times of Operation: Start and end times of each burn cycle and the unit it 
occurred in. 
502.7 Chamber Temperatures: Chart recordings or printouts showing a continuous 
record of the temperatures in the primary and secondary chambers for each burn 
cycle. This includes the temperature of the secondary chamber temperature at 
the time of the ignition of the primary chamber. 
502.8 Charge Weight:  
a. Incinerators: Total weight charged in a single burn cycle.  
b. Crematories: 
(1) Human Crematories: Number of charges and weight of each charge in 
every burn cycle. 
(2) Animal Crematories: Total weight of the animal(s) charged in every burn 
cycle. 
(3) Large Charges: Approximate weight of the large charge (human or animal) 
and any alternative operating conditions listed in § 502.9. 
502.9 Alternative Operating Conditions: Temperatures, residence times, and any other 
alternative operating conditions or procedures used as required by the 
manufacturer’s owners manual. 
503 
COMPLIANCE DETERMINATION FOR OPACITY: An owner or operator of any equipment 
listed in § 102 shall demonstrate compliance with the applicable opacity emission limit 
in § 301.1 using one of the following: 
503.1 Continuous Opacity Monitoring System (COMS): Compliance with the opacity 
emission requirement specified in § 301.1 may be determined using a COMS 
provided that the installation, calibration, and maintenance of the COMS is in 
accordance with EPA Performance Specification 1 (40 CFR Part 60, Appendix B) 
and uses quality assurance and quality control procedures for a COMS in 
accordance with EPA Procedure 3 (40 CFR Part 60, Appendix F). 
503.2 Visible Emissions Monitor (VEM): Compliance with the opacity emission 
requirement specified in § 301.1 may be determined using a VEM provided that 
the installation, calibration, and maintenance of the VEM is in accordance with 
manufacturer’s written calibration and maintenance instructions that include the 
following procedures: 
a. Installation: To ensure a representative measurement of emissions is 
obtained, the VEM (transmitter and receiver) shall be located downstream 
from all particulate control equipment, where condensed water is not present, 
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free of interference from ambient light (applicable only if transmissometer is 
responsive to ambient light). 
b. Semi-annual System Checks: Clean transmitter and receiver lenses and 
conduct a calibration error test. Use a minimum of one attenuator lens to 
calibrate the monitoring device. If the unit is fitted with a blower unit, clean or 
replace the inlet air filter element. 
c. Annual Alignment Audit and Certification: The manufacturer or 
manufacturer’s authorized service provider of the opacity monitoring device 
or incinerator unit shall conduct an annual audit certifying the opacity 
monitor’s conformance to the design and performance specifications. The 
audit and report shall verify the following: 
(1) Alignment indicator devices and stack units show proper alignment (no 
drift); 
(2) Receiver sensitivity matches the stack conditions; 
(3) Alarm thresholds are set; and 
(4) The emissions monitoring device is calibrated using the calibration error 
test. 
503.3 Direct Observation: Compliance with the opacity standard specified in § 301.1 
may be determined by observing emissions from the outlet of the stack using 
one of the following: 
a. Camera System:  
(1) If no visible emissions are present, record the information listed in 
§ 502.1(b). 
(2) If visible emissions are present (excluding emissions caused by water 
vapor), the owner or operator shall determine compliance with the opacity 
standard in § 301.1 using EPA Method 9 as incorporated by reference in 
§ 505.8. 
b. 
Visible Emission Observer: 
(1) If no visible emissions are present, record the information listed in 
§ 502.1(c). 
(2) If visible emissions are present (excluding emissions caused by water 
vapor), the owner or operator shall determine compliance with the opacity 
standard in § 301.1 using EPA Method 9 as incorporated by reference in 
§ 505.8. 
504 
COMPLIANCE DETERMINATION FOR PARTICULATE MATTER: An owner or operator of 
any equipment listed in § 102 shall demonstrate compliance with the applicable 
emission limit in § 301.2 in accordance with one of the methods listed below:  
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504.1 Performance Testing: 
a. Conduct a performance test every five years according to the table below:  
Number of 
Permitted 
Combustion Units 
Minimum Number 
of Units Requiring a 
Performance Test 
1 - 4 
1 
5 - 7 
2 
8 - 10 
3 
 
b. Each time a performance test is required, different combustion units must be 
tested so that all units are tested before any combustion units are retested. 
c. If emissions from any combustion unit exceed an applicable emission limit 
and there are other units that were produced by the same manufacturer, have 
the same model number or other manufacturer’s designation in common, the 
Control Officer may request the owner or operator to demonstrate that each 
combustion unit in the representative group is in compliance with the 
applicable limits by conducting a performance test on each unit in the 
representative group. 
d. The performance test shall measure particulate matter emissions using the 
test methods in § 505. The result of the performance test shall be the 
arithmetic mean of the results of three test runs. Each test run shall have a 
minimum sample time of one hour. 
504.2 Alternative Performance Testing Period: An owner or operator may conduct a 
performance test every 10 years according to the table in § 504.1(a) provided all 
the following conditions are met: 
a. A COMS or VEM is installed on each permitted unit and is used at all times 
during operation. 
b. No Notices of Violation of the opacity standard in § 301.1 or the PM standard 
in § 301.2 have been issued by the Control Officer since the most recent 
performance test. 
c. An annual alignment certification has been obtained from the manufacturer 
or manufacturer’s authorized service provider that verifies the opacity 
monitor’s conformance to the design and performance specifications for 
calibration and maintenance in accordance with: 
(1) § 503.1 for a COMS, or  
(2) § 503.2(c) for a VEM. 
d. The owner or operator submits a request to the Control Officer for approval to 
test according to the alternative timeframe (every 10 years). The written 
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request must be submitted within 90 days prior to the regularly scheduled 
five-year performance test date and include a copy of the most recent annual 
alignment certification.  
e. After obtaining approval of the request, the owner or operator submits an 
annual notification to the Control Officer verifying compliance with items (a), 
(b), and (c) above.  
(1)  A copy of the annual alignment certification shall be included with the 
notification. Annual alignment audits shall be conducted no later than 12 
months after the last annual audit.  
(2) The annual notification shall be submitted within 30 days after the annual 
alignment audit is completed.  
f. If an owner or operator cannot demonstrate compliance with items (a), (b), or 
(c) above after obtaining approval for the alternative performance testing 
period, the owner or operator shall: 
(1) Notify the Control Officer in writing; and  
(2) Return to the five-year test schedule as determined by the Control Officer 
by conducting a performance test in accordance with either (a) or (b) 
below: 
(a) Within 90 days of noncompliance if it has been more than five years 
since the most recent performance test; or  
(b) Within five years from the last performance test if it has been less than 
five years since the most recent performance test.  
505 
COMPLIANCE DETERMINATION - TEST METHODS INCORPORATED BY REFERENCE: 
The following test methods are approved for use for the purpose of determining 
compliance with this rule. The test methods are incorporated by reference in Rule 360 
and Appendix G of the Maricopa County Air Pollution Control Regulations. Alternative 
test methods as approved by the Administrator or other EPA-approved test methods 
may be used upon prior written approval from the Control Officer. When more than one 
test method is permitted for the same determination, an exceedance under any method 
will constitute a violation. Copies of test methods referenced in this section are 
available at the Maricopa County Air Quality Department. 
505.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary 
Sources”), and 1A (“Sample and Velocity Traverses for Stationary Sources with 
Small Stacks and Ducts”) (40 CFR 60, Appendix A).  
505.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric 
Flow Rate”), 2A (“Direct Measurement of Gas Volume through Pipes and Small 
Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in 
Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in 
Small Pipes and Ducts”) (40 CFR 60, Appendix A).  
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505.3 EPA Reference Methods 3 (“Gas Analysis for the Determination of Dry Molecular 
Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in 
Emissions from Stationary Sources (Instrumental Analyzer Procedure)”), 3B 
(“Gas Analysis for the Determination of Emission Rate Correction Factor or 
Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and 
Oxygen from Stationary Sources”) (40 CFR 60, Appendix A).  
505.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) 
(40 CFR 60, Appendix A).  
505.5 EPA Reference Method 5 (“Determination of Particulate Emissions from 
Stationary Sources”) (40 CFR 60, Appendix A). 
505.6 EPA Performance Specification 1 (“Specifications and Test Procedures for 
Continuous Opacity Monitoring System in Stationary Sources”) (40 CFR Part 60, 
Appendix B).  
505.7 EPA Procedure 3 (“Quality Assurance Requirements for Continuous Opacity 
Monitoring Systems at Stationary Sources”) (40 CFR Part 60, Appendix F).  
505.8 EPA Method 9 (“Visual Determination of the Opacity of Emissions from 
Stationary Sources”) (40 CFR 60, Appendix A) as modified by EPA Reference 
Method 203B. The observer shall be qualified as an expert visible emissions 
evaluator and so certified by the Arizona Department of Environmental Quality or 
by any other agency that is acceptable to the Control Officer. 
505.9 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from 
Material Sources and Smoke Emissions from Flares”). 
505.10 EPA Reference Method 202 (“Dry Impinger Method for Determining Condensable 
Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 
501 
RECORDKEEPING: An owner or operator subject to this rule shall maintain the records 
listed below and shall retain these records for five years. These records shall be kept 
on-site in written or electronic format, in a complete and consistent manner. Written or 
electronic copies shall be made available to the Control Officer upon request. An owner 
or operator shall keep the following daily records: 
501.1 Times of operation; 
501.2 Chamber temperatures: Chamber temperatures shall include operating 
temperatures for the secondary chamber as well as secondary chamber 
temperature at the time of the ignition of the primary chamber. 
501.3 Weight of the materials incinerated shall be determined as follows: 
a. Incinerators: Total weight charged.  
b. Crematories: 
(1) Human Crematories: Account for the numbers of bodies cremated; or 
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(2) Animal Crematories: Account for either the number and type of remains 
charged or the weight of the animal(s) charged; or 
(3) Large Bodies: If a human or animal crematory combusts a large body 
(over 300 lbs.), the approximate weight of the body and any alternative 
operating conditions shall be recorded. 
502 
OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity 
observations used to measure visible emissions from activities regulated by this rule. 
The records shall be compiled, maintained, and retained for each day or night that any 
activity capable of generating emissions is conducted. These written records shall 
include the following information: 
502.1 Date, time, and location of all opacity observations; and 
502.2 Results of all opacity observations; and 
502.3 Corrective action(s) taken, if any. 
503 
NIGHTTIME COMBUSTION: An owner or operator conducting nighttime combustion 
operations shall comply with the following requirements: 
503.1 Nighttime Combustion with a COMS: 
a. Maintain a continuous record of opacity readings generated by the COMS. 
Records shall include all times that the meter is running properly. Records 
shall also indicate when the instrument is inoperative or has been adjusted or 
repaired. 
b. Record the date and time identifying each period during which the COMS was 
inoperative, except for zero and span checks, and the nature of system repair 
or adjustment shall be reported. The Control Officer may request proof of 
COMS performance whenever system repairs or adjustments, other than 
routine maintenance, have been made. 
c. Maintain a file of all data collected by the COMS and as necessary to convert 
monitoring data to the units of the applicable standard as described for 
compliance with Section 507.3 of this rule. 
503.2 Nighttime Combustion without a COMS-Parts Reclamation Unit: Maintain records 
of the visible emissions observations taken at night during each combustion 
cycle for each parts reclamation unit as required by Section 507.4 of this rule. 
These records shall include the following: 
a. Date, time, and location of all visible emission observations; and 
b. Results of all visible emission observations; and 
c. Corrective action(s) taken, if any. 
504 
PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive 
maintenance activities performed on all equipment or ECS subject to this rule. 
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505 
ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any 
alternate operating conditions including temperatures and residence times, as required 
by Sections 301.3(c) and 301.3(d) of this rule. 
506 
PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all 
exhaust stack performance tests. Such written records shall include the following 
information: 
506.1 Date, start and end times, and location of all performance tests; 
506.2 Results of all tests; and 
506.3 Corrective action(s) taken, if necessary. 
507 
COMPLIANCE DETERMINATION-TEST METHODS: When more than one test method is 
permitted for determining an exceedance of the limits established in this rule, then any 
exceedance determined using any one of the following applicable test methods shall 
constitute a violation of this rule. 
507.1 Determination of total particulate matter, EPA Methods 1 through 5, or the EPA 
equivalent methods listed in Sections 507.3 and 507.4 of this rule approved by 
the Control Officer, shall be used. Both carbon dioxide and oxygen 
measurements shall be obtained simultaneously with each Method 5 run. 
507.2 Determination of visible emissions compliance shall be made by a certified 
emissions observer or by a continuous emission monitor which is maintained 
and calibrated in accordance with EPA Performance Specification #1 (40 CFR, 
Part 60, Appendix B). The observer shall be qualified as an expert visible 
emissions evaluator and so certified by the Arizona Department of Environmental 
Quality or by any other agency that is acceptable to the Control Officer. 
507.3 Opacity shall be determined by observations of visible emissions conducted in 
accordance with EPA Reference Method 9 as modified by EPA Reference Method 
203 B. 
507.4 The presence or absence of visible emissions shall be detected using EPA 
Reference Method 22. 
508 
TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist 
in the Code of Federal Regulations (CFR) are incorporated by reference in Appendix G of 
the Maricopa County Air Pollution Control Rules and Regulations. 
 
 
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MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION III – CONTROL OF AIR CONTAMINANTS 
RULE 313 (INCINERATORS, BURN-OFF OVENS, AND 
CREMATORIES) 
INDEX 
SECTION 100 – GENERAL 
101 
PURPOSE 
102 
APPLICABILITY 
103 
EXEMPTIONS 
SECTION 200 – DEFINITIONS 
201 
AFTERBURNER 
202 
BURN CYCLE 
203 
BURN-OFF OVEN 
204 
CAMERA SYSTEM 
205 
CHARGE 
206 
CHARGE WEIGHT 
207 
COMBUSTIBLE REFUSE 
208 
CONTINUOUS OPACITY MONITORING SYSTEM (COMS) 
209 
CREMATION 
210 
CREMATORY 
211 
ELECTRIC INDUCTION FURNACE 
212 
EMISSION CONTROL SYSTEM (ECS) 
213 
FLUE 
214 
FLUIDIZED TEMPERATURE BATH 
215 
INCINERATION 
216 
INCINERATOR 
Return to list of attachments
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217 
LARGE CHARGE 
218 
METAL SALVAGE OPERATIONS 
219 
NIGHTTIME COMBUSTION 
220 
PARTS RECLAMATION UNIT 
221 
PUBLIC HEALTH EMERGENCY 
222 
PYROLYSIS/COMBUSTION UNIT 
223 
RESIDENCE TIME 
224 
TIME OF OPERATION 
225 
VISIBLE EMISSIONS MONITOR (VEM) 
SECTION 300 – STANDARDS 
301 
GENERAL REQUIREMENTS 
302 
CONTROLS REQUIRED FOR INCINERATORS 
303 
CONTROLS REQUIRED FOR BURN-OFF OVENS 
304 
CONTROLS REQUIRED FOR CREMATORIES 
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 
SECTION 500 – MONITORING AND RECORDS 
501 
RECORDS RETENTION AND REPORTING 
502 
RECORDKEEPING 
503 
COMPLIANCE DETERMINATION FOR OPACITY 
504 
COMPLIANCE DETERMINATION FOR PARTICULATE MATTER 
505 
COMPLIANCE DETERMINATION - TEST METHODS INCORPORATED BY REFERENCE 
 
 
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Revised 07/13/88; Revised 04/07/93; Revised 09/22/04; Revised 05/09/12, Revised 
MM/DD/YY 
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION III – CONTROL OF AIR CONTAMINANTS 
RULE 313 (INCINERATORS, BURN-OFF OVENS, AND 
CREMATORIES) 
SECTION 100 – GENERAL 
101 
PURPOSE: To limit particulate emissions from incinerators, burn-off ovens, and 
crematories. 
102 
APPLICABILITY: This rule applies to the following types of equipment and activities: 
102.1 Incinerators. 
102.2 Burn-off ovens, including parts reclamation units, that meet one of the following 
conditions: 
a. Charge combustion capacity of greater than 25 pounds (lbs) per hour; or 
b. Internal oven volume greater than one cubic yard; or 
c. Fuel burning capacity of primary chamber greater than 200,000 British 
thermal units per hour. 
102.3 Crematories. 
102.4 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source 
Performance Standards (NSPS) in Rule 360 and/or National Emission Standards 
for Hazardous Air Pollutants (NESHAP) in Rule 370 of these rules. 
103 
EXEMPTIONS: The following types of equipment and activities are exempt from this 
rule: 
103.1 Laboratory ovens. 
103.2 Environmental test chambers. 
103.3 Ovens used in research facilities. 
103.4 Flares. 
103.5 Curing or drying ovens that are operated at temperatures lower than 600° F. 
103.6 Electric induction furnaces. 
103.7 Fluidized temperature baths. 
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103.8 Incinerators subject to: 
a. Maricopa County Air Pollution Control Regulations Rule 314 (Outdoor Fires 
and Commercial/Institutional Solid Fuel Burning); 
b. Resource Conservation and Recovery Act (RCRA) Subtitle C; 
c. 40 CFR Part 60, Subpart CCCC (Standards of Performance for Commercial 
and Industrial Solid Waste Incineration Units); 
d. 40 CFR Part 60, Subpart DDDD (Emissions Guidelines and Compliance Times 
for Commercial and Industrial Solid Waste Incineration Units); 
e. 40 CFR Part 60, Subpart EEEE (Standards of Performance for Other Solid 
Waste Incineration Units for Which Construction is Commenced After 
December 9, 2004 or for Which Modification or Reconstruction is 
Commenced on or After June 16, 2006); or 
f. 40 CFR 60, Subpart FFFF (Emission Guidelines and Compliance Times for 
Other Solid Waste). 
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 Definition) of these 
rules. In the event of any inconsistency between any of the Maricopa County Air Pollution 
Control Regulations, the definitions in this rule take precedence.  
201 
AFTERBURNER: An air pollution control device in the secondary chamber of an 
incinerator, burn-off oven or crematory that is designed to provide excess air and heat 
for complete combustion of the gases in the primary chamber so as to control 
particulate matter. 
202 
BURN CYCLE: Refers to the time beginning when the charge is placed in an incinerator, 
crematory or burn-off oven until when the primary/main chamber is shut-off and before 
placing the next charge in the unit. 
203 
BURN-OFF OVEN: A heating device used in metal salvage operations intended to 
remove nonmetallic materials such as oils, greases, paints, coatings, rubber, lacquers, 
plastics, and insulation from other materials or parts by combustion or charring. 
204 
CAMERA SYSTEM: The total equipment used to determine the presence or absence of 
visible emissions. The source video equipment must be a closed-circuit system that 
meets the following minimum specifications: a high-definition camera and recording 
resolution of 5 megapixels (2560 x 1920p), Ingress Protection (IP) rating of IP54 for 
outdoor weather proofing, and designed to withstand temperatures up to 122° F. 
205 
CHARGE: Material loaded into an incinerator, burn-off oven, or crematory. 
206 
CHARGE WEIGHT: The total weight of material loaded into an incinerator, burn-off oven, 
or crematory to be cremated or incinerated during a single burn cycle. 
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207 
COMBUSTIBLE REFUSE: Any solid or liquid combustible waste material containing 
carbon in a free or combined state. 
208 
CONTINUOUS OPACITY MONITORING SYSTEM (COMS): The total equipment 
necessary for the determination of opacity of emissions which provides a continuous 
and permanent record of opacity readings and meets the minimum requirements 
specified under EPA Performance Specification 1 (40 CFR Part 60, Appendix B) and the 
uses quality assurance and quality control procedures in accordance with EPA 
Procedure 3 (40 CFR Part 60, Appendix F). 
209 
CREMATION: The process of reducing human or animal remains to bone fragments and 
ashes in a controlled retort incinerator or furnace using heat and/or flame. The 
reduction takes place through heat and evaporation.  
210 
CREMATORY: A retort incinerator used for the cremation of remains (human or animal), 
body parts, and associated wrappings. This term may also be used to refer to an 
establishment wherein these remains are cremated. A crematory may be considered 
existing or new, dependent upon the date it was constructed. If it was manufactured, 
constructed, modified, or commenced operation, including the contractual obligation to 
undertake and complete an order for a crematory, prior to September 22, 2004, then it is 
an existing crematory. 
211 
ELECTRIC INDUCTION FURNACE: A furnace or oven that is used to melt metals by use 
of electricity as the source of power or an alternating current electric furnace in which 
primary conductor is coiled and generates by electromagnetic induction a secondary 
current that develops within the metal charge. 
212 
EMISSION CONTROL SYSTEM (ECS): A post-combustion system that is approved in 
writing by the Control Officer and is designed and operated in accordance with good 
engineering practice for reducing emissions of particulate matter. An ECS consists of 
both a capture system and control device(s). 
213 
FLUE: A duct or passage, such as a stack or chimney, for air contaminants. 
214 
FLUIDIZED TEMPERATURE BATH: A heat treatment device that is used to remove 
coatings from metal parts by immersing the metal part in a container of sand (or similar 
material such as aluminum oxide) that is heated and injected with compressed gas or 
air. Injected compressed gas keeps the sand grains from packing together, making 
them behave more like a liquid than a solid. 
215 
INCINERATION: The process of combustion or pyrolysis involving the chemical reaction 
of combustible waste materials with air in which the primary purpose is the destruction 
and reduction in size and mass of the combustible material. 
216 
INCINERATOR: Any equipment used for the purpose of reducing the volume and mass 
by removing combustible matter by direct combustion or the combustion of waste 
gases from pyrolysis or gasification. Incinerator designs include single chamber and 
two-chamber. A two-chamber incinerator consists of two or more refractory lined 
combustion chambers in series, physically separated by refractory walls, interconnected 
by gas passage ports or ducts designed for maximum combustion of the material to be 
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burned. An “incinerator” does not include devices such as open or screened barrels, 
drums, or process boilers. 
216.1 Primary Chamber: The initial compartment of an incinerator wherein the majority 
of waste volume reduction or heat treatment occurs by combustion. Primary 
chambers are normally operated at lower temperatures than are secondary 
chambers or afterburners. 
216.2 Secondary Chamber: The compartment of an incinerator that operates at excess 
air conditions wherein destruction of gas-phase combustion products occurs. 
Passage ports, ducts, flues, chimneys, or stacks with burners shall not be 
considered controlled secondary chambers unless (1) the combustion zone 
exhibits design measures for the retention of the gas stream in the chamber, 
turbulence or mixing, and (2) there is an availability of excess air as determined 
by engineering analysis. 
217 
LARGE CHARGE: A charge weight of 300 lbs or greater for human or animal remains for 
which special written procedures are required from the crematory equipment 
manufacturer for performing a controlled cremation. 
218 
METAL SALVAGE OPERATIONS: Any source operation in which combustion or 
pyrolysis is carried on for the primary purpose, or with the principal result, of recovering 
metals which are introduced into the operation as essentially pure metals, or alloys 
thereof, by oxidation of physically intermingled combustible material. 
219 
NIGHTTIME COMBUSTION: Combustion that occurs after sundown and before the 
following sunrise. 
220 
PARTS RECLAMATION UNIT: A type of burn-off oven that combusts only paints, 
lacquers, and varnishes off of metal items (e.g., tools and equipment) so that these 
items can be reconditioned and reused.  
221 
PUBLIC HEALTH EMERGENCY: An emergency proclaimed by the governor in which 
there is an occurrence or imminent threat of an illness or health condition that is caused 
by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or 
biological toxin and that poses a substantial risk of a significant number of human 
fatalities or incidents of permanent or long-term disability pursuant to Arizona Revised 
Statutes (A.R.S.) § 36-787. 
222 
PYROLYSIS/COMBUSTION UNIT: A combustion unit that produces gases, liquids, or 
solids through the heating of waste, and the gases, liquids, or solids produced are 
combusted and emissions vented to the atmosphere. 
223 
RESIDENCE TIME: The average time that gases spend in a defined space, also known 
as “bulk gas average residence time”. 
224 
TIME OF OPERATION: The start and end times of each burn cycle. 
225 
VISIBLE EMISSIONS MONITOR (VEM): The total equipment (including receiver, 
transmitter, data acquisition system, digital display control unit) necessary to determine 
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the opacity of emissions generated by any of the equipment listed in § 102 which 
provides a continuous and permanent record of opacity readings. 
SECTION 300 – STANDARDS 
301 
GENERAL REQUIREMENTS: The owner or operator of an incinerator, burn-off oven, or 
crematory listed in § 102 shall comply with the following requirements: 
301.1 EMISSIONS STANDARD-OPACITY: An owner or operator shall not cause, allow, 
or permit emissions into the atmosphere from any incinerator, burn-off oven, or 
crematory, any air contaminant that exceeds 20% opacity for a period 
aggregating more than 30 seconds in any 60-minute period. 
a. Opacity observations shall be completed on the first, last, and largest charge 
of the day after burning of the material has commenced. 
b. Opacity observations shall be conducted using one of the following: 
(1) COMS: Opacity observations shall be conducted by observing the output 
readings from a COMS that complies with § 503.1. 
(2) VEM: Opacity observations shall be conducted by observing the output 
readings from a VEM that complies with § 503.2. 
(3) Direct Observation: Opacity observations shall be conducted by observing 
the exhaust gases from the outlet of the stack in accordance with § 503.3. 
c. Records shall be maintained according to § 502.1. 
301.2 EMISSIONS STANDARD-PARTICULATE MATTER: An owner or operator shall 
not cause, allow, or permit particulate matter into the atmosphere from any 
incinerator, burn-off oven, or crematory, to exceed 0.080 grain per cubic foot of 
dry flue gas at standard conditions adjusted to 7% oxygen (O2) in the exhaust 
gases and calculated as if no auxiliary fuel had been used. 
301.3 GOOD COMBUSTION PRACTICES: An owner or operator of any equipment listed 
in § 102 and associated monitoring devices that indicate temperatures, 
pressures, flow rates or other operating conditions shall install, operate, and 
maintain the equipment in good working order. This shall be demonstrated by 
following recommendations provided by the manufacturers owner’s manual. 
301.4 NIGHTTIME COMBUSTION: 
a. Incinerator, Crematory, or Burn-Off Oven Other than a Parts Reclamation 
Unit: An owner or operator of an incinerator, crematory, or burn-off oven 
(other than a parts reclamation unit) who chooses to conduct nighttime 
combustion operations shall comply with one of the following:  
(1) Operate a COMS at all times during nighttime combustion operations 
and install, calibrate, operate, and maintain the COMS in accordance 
with § 503.1. 
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(2) Operate a VEM at all times during nighttime combustion operations 
and install, calibrate, operate, and maintain the VEM in accordance 
with § 503.2. 
b. Parts Reclamation Unit: An owner or operator of a parts reclamation unit may 
conduct nighttime combustion operations without a COMS or VEM if the unit 
is used solely to remove paints, lacquers, and varnishes off of metal items, 
the unit has an inside stack diameter less than 10 inches, and the owner and 
operator: 
(1) Does not cause, allow, or permit any visible emissions during combustion 
during the nighttime;  
(2) Provides artificial lighting of the plume at the stack outlet to enable 
observations of stack emissions to occur at night; 
(3) Conducts visible emissions observations using EPA Reference Method 22 
as incorporated by reference in § 505.9 of this rule at least once per hour 
during each burn cycle; and 
(4) Does not conduct combustion operations during the nighttime for more 
than 120 hours per calendar year per parts reclamation unit. 
c. Public Health Emergency:  
(1) If a public health emergency has been declared by the Governor of Arizona 
pursuant to Arizona Revised Statutes (A.R.S.) § 26-303, the Control Officer 
may issue a variance to rescind operational restrictions on nighttime 
combustion for crematories for the duration of the emergency. 
(2) An owner or operator of a crematory that intends to operate under the 
variance shall notify the Control Officer.  
(3) A crematory operating under a variance must maintain compliance with all 
other permit conditions and provisions of this rule, excluding § 301.4(a). 
301.5 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR EMISSION 
CONTROL SYSTEM (ECS): An owner or operator of an ECS that consists of 
additional equipment other than an afterburner shall: 
a. Properly install, operate, and maintain in calibration and in good working 
order the ECS associated with an incinerator, burn-off oven, or crematory 
listed in § 102. 
b. Provide and maintain devices that indicate temperatures, pressures, rates of 
flow, or other operating conditions necessary to determine if the ECS is 
functioning properly. 
c. Submit to the Control Officer for approval an O&M Plan for any ECS and any 
ECS monitoring devices that are used under this rule or an air pollution 
control permit. The O&M Plan shall include all of the following information: 
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(1) ECS equipment manufacturer; 
(2) ECS equipment model; 
(3) ECS equipment identification number or identifier that the owner or 
operator assigns to such ECS equipment when the manufacturer’s 
equipment identification number is unknown; 
(4) Operating parameters that will be monitored to demonstrate continued 
operation of the ECS in the manner the ECS was operated during the most 
recent performance test; and 
(5) The manufacturer’s recommended maintenance procedures and 
frequencies. 
d. Fully comply with all elements of the most recent O&M Plan(s) including, but 
not limited to, every action, schedule, and condition identified in each O&M 
Plan. 
e. The owner or operator who receives a written notice from the Control Officer 
that an O&M Plan for any ECS including any ECS monitoring device is 
deficient or inadequate, shall comply with the following conditions: 
(1) Make written revisions to the O&M Plan and submit the revised O&M 
Plan to the Control Officer for approval within five working days of 
receipt of the Control Officer’s written notice. 
(2) An extension to submit a revised O&M Plan may be granted by the 
Control Officer upon written request and for good cause. 
(3) During the time the owner or operator is preparing revisions to the 
O&M Plan, the owner or operator shall still comply with all 
requirements of this rule. 
f. Maintain on site, in a readily accessible location, the most recent O&M 
Plan for each ECS and each ECS monitoring device that is used under this 
rule or an air pollution control permit. 
302 
CONTROLS REQUIRED FOR INCINERATORS: An owner or operator of an incinerator 
shall comply with all of the following requirements: 
302.1 Comply with the general requirements in § 301; 
302.2 Comply with the recordkeeping requirements in § 501 and § 502; 
302.3 Combust in a multiple-chamber incinerator; and 
302.4 The secondary chamber or afterburner shall operate at least at a minimum 
temperature of 1600 °F with a residence time of at least one second in the 
secondary chamber or afterburner during the period of combustion in order to 
destroy the combustion products. 
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303 
CONTROLS REQUIRED FOR BURN-OFF OVENS: The owner or operator of a burn-off 
oven (including parts reclamation units) shall comply with all of the following 
requirements: 
303.1 Comply with the general requirements in § 301; 
303.2 Comply with the recordkeeping requirements in § 501 and § 502; 
303.3 Conduct burn-off operations in an oven with at least two chambers; and 
303.4 The secondary chamber or afterburner shall operate at a minimum temperature 
of at least 1400 °F with a residence time of at least one-half second during the 
period of combustion in order to destroy the combustion products. 
304 
CONTROLS REQUIRED FOR CREMATORIES: The owner or operator of a crematory shall 
comply with all of the following requirements: 
304.1 Comply with the general requirements in § 301; 
304.2 Comply with the recordkeeping requirements in § 501 and § 502; 
304.3 Use a multiple-chamber crematory; and 
304.4 Existing Crematories: The burner in the primary chamber shall not be ignited 
until the secondary chamber combustion zone temperature is equal to or greater 
than 800 °F. The secondary compartment or afterburner shall operate at a 
minimum temperature of at least 1400 °F with a residence time of at least one 
second during the period of combustion in order to destroy the combustion 
products. 
304.5 New Crematories: The burner in the primary chamber shall not be ignited until 
the secondary chamber combustion zone temperature is equal to or greater than 
1000°F. The secondary compartment or afterburner shall operate at a minimum 
temperature of at least 1600 °F with a residence time of at least one second 
during the period of combustion in order to destroy the combustion products. 
304.6 Alternative Operating Conditions: For the cremation of large charges or special 
circumstances that require changes to standard cremation procedures listed in 
§ 304.4 and § 304.5, the manufacturer’s recommendations may be used instead 
provided that the owner or operator: 
a. Notifies the department prior to the cremation requiring alternative operating 
conditions: 
(1) Within 30 days of rule adoption; 
(2) Within 5 business days; or  
(3) Upon submitting a permit application for a new crematory.  
b. Maintains a record of the alternative operating conditions and special 
procedures in accordance with recordkeeping requirements in § 502.9. 
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c. Demonstrates compliance with the emission standards in this rule using the 
alternative residence times and temperatures with the test methods listed in 
§ 505.  
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 
SECTION 500 – MONITORING AND RECORDS 
501 
RECORDS RETENTION AND REPORTING: An owner or operator subject to this rule shall 
comply with the following requirements: 
501.1 Records shall be retained for a period of five years. 
501.2 Records shall be made available to the Control Officer no later than five business 
days upon verbal or written request. 
501.3 Records shall be made available to the Control Officer upon request by members 
of the public using the County’s public records request process. 
501.4 Records shall be kept on site at all times in a consistent and complete manner. 
502 
RECORDKEEPING: An owner or operator shall keep records that consist of the following 
information: 
502.1 Opacity - Visible Emission Monitoring: 
a. With a COMS or VEM: 
(1) A continuous record of opacity readings generated by the device that 
includes the date, time, location, and results. 
(2) Any corrective action(s) taken in the event of an exceedance of the 20% 
opacity standard in § 301.1. 
(3) Routine maintenance, adjustments, and calibration records of the 
visible emissions monitoring device as specified in § 503.1 for a COMS 
or § 503.2 for a VEM.  
(4) A copy of the manufacturer’s calibration and maintenance instructions. 
(5) A copy of the annual certification as required in § 503.1 for a COMS or 
§ 503.2(c) for a VEM. 
b. With a camera system: Date, time, location, approximate wind speed 
and direction, sky conditions, make and model of the camera, location of 
camera relative to emission source (stack) and sun, unit(s) being 
observed, presence or absence of visible emissions, and duration of the 
observation period. 
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c. With a visible emissions observer: 
(1) Date, time, location, weather and wind conditions, sky conditions, location 
of observer relative to emission source (stack) and sun, unit(s) being 
observed, presence or absence of visible emissions, and duration of the 
observation period. 
(2) Any corrective action(s) taken to ensure compliance with the 20% opacity 
standard in § 301.1. 
(3) EPA Method 9 certifications for the person(s) conducting the visual 
emissions observations. 
502.2 Particulate Matter – Periodic Performance Test Reports: A copy of all 
performance test reports. Test reports shall be submitted to the Control Officer 
within 45 days after:  
a. The last day of testing of a single piece of equipment; or  
b. The conclusion of testing multiple pieces of equipment with no more than 14 
calendar days between tests.  
502.3 Good Combustion Practices: A copy of the manufacturers owner’s manual for 
each unit listed in § 102. 
502.4 Nighttime Combustion without a COMS or VEM - Parts Reclamation Units Only:  
a. Hourly records of visible emissions observations taken at night during each 
combustion cycle for each parts reclamation unit. 
b. Type of artificial lighting to adequately observe the plume at the stack outlet. 
c. Monthly records totaling the number of hours each parts reclamation unit 
operated at nighttime. 
502.5 Operation & Maintenance Records: On each day an ECS operates, record 
the ECS operating parameters described in the O&M Plan in accordance 
with § 301.5. Maintain a log of equipment preventive maintenance activities 
performed. 
502.6 Times of Operation: Start and end times of each burn cycle and the unit it 
occurred in. 
502.7 Chamber Temperatures: Chart recordings or printouts showing a continuous 
record of the temperatures in the primary and secondary chambers for each burn 
cycle. This includes the temperature of the secondary chamber temperature at 
the time of the ignition of the primary chamber. 
502.8 Charge Weight:  
a. Incinerators: Total weight charged in a single burn cycle.  
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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b. Crematories: 
(1) Human Crematories: Number of charges and weight of each charge in 
every burn cycle. 
(2) Animal Crematories: Total weight of the animal(s) charged in every burn 
cycle. 
(3) Large Charges: Approximate weight of the large charge (human or animal) 
and any alternative operating conditions listed in § 502.9. 
502.9 Alternative Operating Conditions: Temperatures, residence times, and any other 
alternative operating conditions or procedures used as required by the 
manufacturers owner’s manual. 
503 
COMPLIANCE DETERMINATION FOR OPACITY: An owner or operator of any equipment 
listed in § 102 shall demonstrate compliance with the applicable opacity emission limit 
in § 301.1 using one of the following: 
503.1 Continuous Opacity Monitoring System (COMS): Compliance with the opacity 
emission requirement specified in § 301.1 may be determined using a COMS 
provided that the installation, calibration, and maintenance of the COMS is in 
accordance with EPA Performance Specification 1 (40 CFR Part 60, Appendix B) 
and uses quality assurance and quality control procedures for a COMS in 
accordance with EPA Procedure 3 (40 CFR Part 60, Appendix F). 
503.2 Visible Emissions Monitor (VEM): Compliance with the opacity emission 
requirement specified in § 301.1 may be determined using a VEM provided that 
the installation, calibration, and maintenance of the VEM is in accordance with 
manufacturer’s written calibration and maintenance instructions that include the 
following procedures: 
a. Installation: To ensure a representative measurement of emissions is 
obtained, the VEM (transmitter and receiver) shall be located downstream 
from all particulate control equipment, where condensed water is not present, 
free of interference from ambient light (applicable only if transmissometer is 
responsive to ambient light). 
b. Semi-annual System Checks: Clean transmitter and receiver lenses and 
conduct a calibration error test. Use a minimum of one attenuator lens to 
calibrate the monitoring device. If the unit is fitted with a blower unit, clean or 
replace the inlet air filter element. 
c. Annual Alignment Audit and Certification: The manufacturer or 
manufacturer’s authorized service provider of the opacity monitoring device 
or incinerator unit shall conduct an annual audit certifying the opacity 
monitor’s conformance to the design and performance specifications. The 
audit and report shall verify the following: 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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(1) Alignment indicator devices and stack units show proper alignment (no 
drift); 
(2) Receiver sensitivity matches the stack conditions; 
(3) Alarm thresholds are set; and 
(4) The emissions monitoring device is calibrated using the calibration error 
test. 
503.3 Direct Observation: Compliance with the opacity standard specified in § 301.1 
may be determined by observing emissions from the outlet of the stack using 
one of the following: 
a. Camera System:  
(1) If no visible emissions are present, record the information listed in 
§ 502.1(b). 
(2) If visible emissions are present (excluding emissions caused by water 
vapor), the owner or operator shall determine compliance with the opacity 
standard in § 301.1 using EPA Method 9 as incorporated by reference in 
§ 505.8. 
b. 
Visible Emission Observer: 
(1) If no visible emissions are present, record the information listed in 
§ 502.1(c). 
(2) If visible emissions are present (excluding emissions caused by water 
vapor), the owner or operator shall determine compliance with the opacity 
standard in § 301.1 using EPA Method 9 as incorporated by reference in 
§ 505.8. 
504 
COMPLIANCE DETERMINATION FOR PARTICULATE MATTER: An owner or operator of 
any equipment listed in § 102 shall demonstrate compliance with the applicable 
emission limit in § 301.2 in accordance with one of the methods listed below:  
504.1 Performance Testing: 
a. Conduct a performance test every five years according to the table below:  
Number of 
Permitted 
Combustion Units 
Minimum Number 
of Units Requiring a 
Performance Test 
1 - 4 
1 
5 - 7 
2 
8 - 10 
3 
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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b. Each time a performance test is required, different combustion units must be 
tested so that all units are tested before any combustion units are retested. 
c. If emissions from any combustion unit exceed an applicable emission limit 
and there are other units that were produced by the same manufacturer, have 
the same model number or other manufacturer’s designation in common, the 
Control Officer may request the owner or operator to demonstrate that each 
combustion unit in the representative group is in compliance with the 
applicable limits by conducting a performance test on each unit in the 
representative group. 
d. The performance test shall measure particulate matter emissions using the 
test methods in § 505. The result of the performance test shall be the 
arithmetic mean of the results of three test runs. Each test run shall have a 
minimum sample time of one hour. 
504.2 Alternative Performance Testing Period: An owner or operator may conduct a 
performance test every 10 years according to the table in § 504.1(a) provided all 
the following conditions are met: 
a. A COMS or VEM is installed on each permitted unit and is used at all times 
during operation. 
b. No Notices of Violation of the opacity standard in § 301.1 or the PM standard 
in § 301.2 have been issued by the Control Officer since the most recent 
performance test. 
c. An annual alignment certification has been obtained from the manufacturer 
or manufacturer’s authorized service provider that verifies the opacity 
monitor’s conformance to the design and performance specifications for 
calibration and maintenance in accordance with: 
(1) § 503.1 for a COMS, or  
(2) § 503.2(c) for a VEM. 
d. The owner or operator submits a request to the Control Officer for approval to 
test according to the alternative timeframe (every 10 years). The written 
request must be submitted within 90 days prior to the regularly scheduled 
five-year performance test date and include a copy of the most recent annual 
alignment certification.  
e. After obtaining approval of the request, the owner or operator submits an 
annual notification to the Control Officer verifying compliance with items (a), 
(b), and (c) above.  
(1)  A copy of the annual alignment certification shall be included with the 
notification. Annual alignment audits shall be conducted no later than 12 
months after the last annual audit.  
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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(2) The annual notification shall be submitted within 30 days after the annual 
alignment audit is completed. 
f. If an owner or operator cannot demonstrate compliance with items (a), (b), or 
(c) above after obtaining approval for the alternative performance testing 
period, the owner or operator shall: 
(1) Notify the Control Officer in writing; and  
(2) Return to the five-year test schedule as determined by the Control Officer 
by conducting a performance test in accordance with either (a) or (b) 
below: 
(a) Within 90 days of noncompliance if it has been more than five years 
since the most recent performance test; or  
(b) Within five years from the last performance test if it has been less than 
five years since the most recent performance test. 
505 
COMPLIANCE DETERMINATION - TEST METHODS INCORPORATED BY REFERENCE: 
The following test methods are approved for use for the purpose of determining 
compliance with this rule. The test methods are incorporated by reference in Rule 360 
and Appendix G of the Maricopa County Air Pollution Control Regulations. Alternative 
test methods as approved by the Administrator or other EPA-approved test methods 
may be used upon prior written approval from the Control Officer. When more than one 
test method is permitted for the same determination, an exceedance under any method 
will constitute a violation. Copies of test methods referenced in this section are 
available at the Maricopa County Air Quality Department. 
505.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary 
Sources”), and 1A (“Sample and Velocity Traverses for Stationary Sources with 
Small Stacks and Ducts”) (40 CFR 60, Appendix A).  
505.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric 
Flow Rate”), 2A (“Direct Measurement of Gas Volume through Pipes and Small 
Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in 
Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in 
Small Pipes and Ducts”) (40 CFR 60, Appendix A).  
505.3 EPA Reference Methods 3 (“Gas Analysis for the Determination of Dry Molecular 
Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in 
Emissions from Stationary Sources (Instrumental Analyzer Procedure)”), 3B 
(“Gas Analysis for the Determination of Emission Rate Correction Factor or 
Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and 
Oxygen from Stationary Sources”) (40 CFR 60, Appendix A).  
505.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) 
(40 CFR 60, Appendix A).  
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505.5 EPA Reference Method 5 (“Determination of Particulate Emissions from 
Stationary Sources”) (40 CFR 60, Appendix A). 
505.6 EPA Performance Specification 1 (“Specifications and Test Procedures for 
Continuous Opacity Monitoring System in Stationary Sources”) (40 CFR Part 60, 
Appendix B).  
505.7 EPA Performance Specification 3 (“Quality Assurance Requirements for 
Continuous Opacity Monitoring Systems at Stationary Sources”) (40 CFR Part 60, 
Appendix F).  
505.8 EPA Method 9 (“Visual Determination of the Opacity of Emissions from 
Stationary Sources”) (40 CFR 60, Appendix A) as modified by EPA Reference 
Method 203B. The observer shall be qualified as an expert visible emissions 
evaluator and so certified by the Arizona Department of Environmental Quality or 
by any other agency that is acceptable to the Control Officer. 
505.9 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from 
Material Sources and Smoke Emissions from Flares”). 
505.10 EPA Reference Method 202 (“Dry Impinger Method for Determining Condensable 
Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 
 
 
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1 
BOARD OF HEALTH SPECIAL MEETING MINUTES 
Monday, August 28, 2023 | 4:00-5:00 pm 
VIRTUAL 
ITEM 
TOPIC/ACTION 
PRESENTER 
1.
CALL TO ORDER: The virtual meeting was called to order at 4:04 pm
A. Roll Call
Members Present: Debra Baldauff, Paula Banahan, Matthew Farber, 
Supervisor Bill Gates, Cynthia Hardy, Robert MacMillan, Veronica Oros, 
Lorenzo Sierra, Paul Stander  
Ex-Officio: Marcy Flanagan  
Members Absent: Joanne Osborne 
•
There was a quorum (6) of members.
B. Call to the public: There were no requests to speak. 
President 
MacMillan 
2.
Appointments to the Board of Health
Ms. Flanagan welcomed the newest members of the Board of Health whose
appointments were approved by the Board of Supervisors.
•
Lorenzo Sierra, representing District 5. Term of service is August 9, 2023
through December 31, 2024.
•
Veronica Oros, member-at-large. Term of service is August 23, 2023
through December 31, 2024.
•
Cynthia Hardy, representing District 1. Term of service is August 23, 2023
through December 31, 2025.
Marcy 
Flanagan 
3.
Continuance of Officer Term and Postponement of Elections (vote to continue at
next board meeting)
President MacMillan asked the Board for a motion for the continuation of
elections, and continuance of officer terms, moving the agenda item to the next
Board of Health meeting.
•
Motion: Lorenzo Sierra
•
Second: Dr. Paul Stander
•
Motion status: Approved unanimously
President 
MacMillan 
4.
Environmental Services Department Fee Waiver Applications
A. Request for Board of Health approval of (25) fee waiver applications
Fee Waiver Staff Report and Board of Health Fee Waiver Application Summary 
Sheet 
Robert 
Stratman 
Return to list of attachments
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MARICOPA COUNTY BOARD OF HEALTH 
AUGUST 28, 2023 – MEETING MINUTES 
2 
This quarter the department reviewed twenty-five (25) fee waiver applications. 
Of the applications reviewed, staff determined that all meet the criteria outlined 
in the Maricopa County Environmental Health Code.  
 
As a reminder, only an operator of a charitable nonprofit establishment which 
operates to provide relief predominantly for the poor, distressed, or 
underprivileged may apply to the Board of Health for a waiver of a permit fee. A 
waiver of a permit fee may be granted only to the operator of an establishment, 
which maintains a current 501(c)(3) tax-exempt designation from the Internal 
Revenue Service and who demonstrates to the Board of Health that payment 
of said fee will cause financial hardship. 
Applications for waivers of Temporary Food Establishment fees will be 
processed on a first come, first served basis in accordance with Chapter I, 
Regulation 5 a. of the Environmental Health Code. The Department shall only 
present a maximum of twenty-five (25) of such applications per event to the 
Board of Health. 
In addition, a waiver of fees associated with the administering and issuance of 
a food employee certificate (in compliance with A.R.S. § 41-1080) may be 
granted to a current student, enrolled in a K-12 culinary arts school program or 
similar curriculum-based programs requiring food employee certificates. The 
sponsoring school district must demonstrate to the Board of Health that 
payment of said fee will cause financial hardship. 
Again, all fee waiver applications reviewed this quarter appear to meet the 
criteria.  
President MacMillan asked the Board for a motion to approve the Fee Waiver 
Application Summary Sheet. 
•
Motion: Dr. Matthew Farber
•
Second: Dr. Paul Stander
•
Motion status: Approved unanimously
5.
Air Quality Department
Approve initiation of regulatory change for the three rules:
Greg Verkamp explained that to initiate any changes to Air Quality rules, the Board
of Health must approve the initiation process. It is one of the first steps in
rulemaking. Stakeholder workshops were/will be held.
•
Supervisor Gates asked that Air Quality reach out to Merissa Hamilton who has
expressed interest in the process. Kimberly Butler has provided Merissa with
her contact information.
Greg 
Verkamp/ 
Kimberly 
Butler 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
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MARICOPA COUNTY BOARD OF HEALTH 
AUGUST 28, 2023 – MEETING MINUTES 
3 
resident MacMillan asked the Board for a motion to approve AQ-2022-003 Rule 
313. 
A. AQ-2022-003 Rule 313 (Incinerators, Burn-Off Ovens, and Crematories) 
The Maricopa County Air Quality Department (MCAQD) is proposing to revise 
Rule 313 to clarify, update, and restructure the rule. Upon adoption of the 
revised rule, MCAQD plans to submit the rule to the U.S. Environmental 
Protection Agency (EPA) to replace Rule 35 (Incinerators) and the 2012 version 
of Rule 313 in the Arizona State Implementation Plan (SIP). 
•
Motion: Dr. Matthew Farber
•
Second: Paula Banahan
•
Motion status: Approved unanimously
President MacMillan asked the Board for a motion to approve AQ-2022-004 Rule 
330. 
B. AQ-2022-004 Rule 330 (Volatile Organic Compounds) 
MCAQD is proposing to revise Rule 330 to clarify, update, and restructure the 
rule. Proposed revisions include clarifying the purpose of the rule, removing 
outdated provisions more thoroughly addressed in other MCAQD rules, and 
restructuring the rule to ensure consistency within the Maricopa County Air 
Pollution Control Regulations. 
•
Motion: Dr. Debra Baldauff
•
Second: Dr. Matthew Farber
•
Motion status: Approved unanimously
President MacMillan asked the Board for a motion to approve AQ-2023-003 Rule 
331. 
C. AQ-2023-003 Rule 331 (Solvent Cleaning) 
MCAQD is proposing to revise Rule 331 to remove a Reasonably Available 
Control Technology (RACT) deficiency identified by the EPA so the rule can be 
approved into the Arizona SIP as meeting RACT. MCAQD is also considering 
other revisions to improve and clarify the rule. In addition, MCAQD plans to 
replace SIP Rule 34, Sections F-K (Organic Solvents – Volatile Organic 
Compounds (VOC)) with the revised rule to update the SIP and clarify 
regulatory requirements.  
•
Motion: Dr. Matthew Farber
•
Second: Lorenzo Sierra
•
Motion status: Approved unanimously
6.
Adjournment
President MacMillan asked the Board for a motion to adjourn.
•
Motion: Paula Banahan
•
Second: Dr. Matthew Farber
•
Motion status: Approved unanimously
The meeting ended at 4:38 pm 
President 
MacMillan 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 68 of 77

Minutes from Board of Health meeting October 28, 2024 
(Pending)
Return to list of attachments
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 69 of 77

From:
James Robinson
To:
Lisa Richey (AQD)
Subject:
Re: Notice of Rule 313 (Incinerators, Burn-Off Ovens, and Crematories) Stakeholder Workshop
Date:
Friday, June 16, 2023 1:54:58 PM
Attachments:
PastedGraphic-1.tiff
Lisa, 
I have a scheduled funeral service during the webinar and won’t be able to attend. I did review
the draft, and had some feedback. 
Instead of specifying a specific weight threshold for notification, what if a percentage of the
retort manufacturers suggested charge weight limit was used? e.g. a charge greater than 50%
of manufacturers suggested weight limit would necessitate special recording.
Standard cremators are usually rated at a maximum of 600lbs, but a firm that has invested in a
larger/cleaner cremator rated at 800 ort 1000lbs could cremated a body at 50% of those limits.
This would encourage investment in newer and better machinery, as well as incentivize
crematories with multiple retorts to place large charges into the machines that can best handle
it. 
Regards,
James Robinson
Copies of all written and electronic Stakeholder input
Return to Stakeholder #1: Comment #1 
Return to list of attachments
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 70 of 77

From:
Howard Perlman
To:
Lisa Richey (AQD)
Cc:
AQD Planning SM
Subject:
Rule 313 Stakeholder meting Comments
Date:
Friday, June 23, 2023 1:42:01 PM
Good morning Lisa,
I was able to attend the June 22, 2023 MCAQD stakeholders meeting for Rule 313. However, every
time I tried to unmute the system, it wouldn’t allow me, and the PIN # did not respond. So, as per
my phone conversation with you after your meeting, these are my comments.
a.) There needs to be a better understanding as to what part of Rule 313 deals
      specifically with crematories. You might want to consider a separate sub-section
      for crematories only. It seems like crematories got into this rule because no one
      knew what to do with this process from a rule-writing perspective.
b.) NSPS and NESHAP are federal rules dealing with incinerators and burn-off ovens.
      There are no federal standards (CFRs) for crematories.
c.)  Not all opacity monitoring equipment are COMS units. There is a definition for
      COMS, but you may want to include a definition for opacity monitoring system
 that is not a COMS. Interestingly, on some older cremators, there is a knob/switch
      that allows the operator to turn the opacity monitoring system to an on/off mode.
d.)  Alternative Operating Conditions: Typically these conditions are listed in the
       owner’s manual from the manufacturer. All equipment manufacturers produce
       an owner’s manual specific to their equipment. Usually alternative operating    
       conditions can be found in the special conditions section. Most new equipment,  
       allow the operator to input the charge data into the cremator’s computer system.
 The  computer system has presets that automatically make operational adjustments
       based on weight, temperature, fuel, throat air, etc.
e.)  Large Charges: Many cremators have preprogrammed settings for large charges. 
       Newer equipment have  a large charge mode allowing  the cremator to automatically   
       adjust fuel, temperature, air, etc. for maximum environmental and cremation
       efficiency (for charges 300 lbs. +). I spoke with a couple of the more
       forward-thinking manufacturers regarding an O & M Plan for  large charges. They    
       indicated there is not one. However, information on special  cremation conditions   
       could be found in their owner’s manual.
f.)  Nighttime Combustion: We have not been involved with this, except during
      the pandemic when a variance was issued by the governor and MCAQD.
 EPA PS 1 is a federal regulation for incinerators and burn-off ovens, not
 Crematories. Crematories are not regulated by the EPA. There is no CFR for
      crematories.
Return to Stakeholder #2: Comments #2 through #13
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 71 of 77

g.)  Emission Control System (ESC): Why is this in your crematory rule? Cremation
      equipment does not have additional air pollution control equipment (other
      than an afterburner). We do not have a baghouse or venturi scrubber. I have
      only seen this equipment on cremation retorts in places, such as New York City.
      In over 35 years I have yet to see a baghouse, separator  device, or venturi
      scrubber on a cremation retort in Arizona. I question whether this section
      needs to be  included in the updated rule.
 
h.) O & M plan for large charges: There are special condition sections in
      equipment owner’s manual to address this area. There is no O & M
      plan for large charges. O & M plans are used for equipment maintenance.
      This differs from operational guidelines, which are special cremation
      conditions (such as large charges).
 
i.)  Opacity observations: Why is Method 9 and/or Method 22 necessary
      when a COMS or opacity monitoring system perform the same function?
      Aren’t the COMS and opacity monitoring system more accurate and
      objective than the human eye?
 
j.)  Performance test-particulate matter: I can’t live with section 506.3 and
      506.4. A similar regulation to Section 506.3 has been proposed previously,
      over the years, and didn’t fly. It is not realistic for larger cremation sources.
      Section 506.4 is fine if you have one cremation unit.
     
 
The EPA does not regulate crematories. Why does rule 313  include crematories with incinerators,
and burn-off ovens? They are not the same! Does EPA ask for additional data on burn-off ovens and
incinerators only? Why does this rule lump all three processes together when only 2 are regulated
under EPA ? Is there a way to have a separate sub-section for crematories that won’t add to the
regulatory burden that already exists. Interestingly, cremation equipment manufacturers request a
copy of a source’s current A/Q permit. This is required so the manufacturer can fabricate the
equipment to permit specifications prior to shipment.
 
 
I believe the existing rule just needs to be fine-tuned. Additional regulatory constraints placed into
the SIP will only increase the regulatory burden. Every cremation equipment manufacturer has an
owner’s manual. Although equipment and their protocols may differ,  the cremation process is
simple, I believe the rule needs to be more generic.
 
I do not see how these additional regulatory requirements will give MCAQD a more enhanced way to
maximize compliance efforts when dealing with sources who choose to not comply. Since there are
several manufacturers of cremation equipment, it could help to leave as many parts of existing rule
in place, and allow for a more level and generic playing field.
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 72 of 77

Respectfully submitted,
 
Howard Perlman, ARM
Director, Technical Resources
Messinger Mortuary & Chapel, Inc.
9300 E. Shea Blvd.
Scottsdale, AZ. 85260
 
D)  (480) 860-1536
M) (480) 200-4070
E)   hperlman@messingermortuary.com
 
 
 
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 73 of 77

This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Please use caution when you receive messages
from new senders. Always validate the sender first.
From:
Michael Ames
To:
Lisa Richey (AQD)
Subject:
Re: Rule 313
Date:
Friday, September 6, 2024 8:29:26 PM
Attachments:
image001.png
image002.png
Thank you Lisa!
I am now over in Waco starting up our 4th location - ugh.... Why didn't I stay retired?  
I have quickly reviewed and nobody ever wants more regulation, and changes are 
never welcome when you settle into a normal - but I see nothing onerous here at first 
glance.  
My biggest concerns revolve around the focus on "large charges" since we have very 
large machines designed specifically for extremely large charges (like horses).  When 
you have a cremator specifically designed for a 2500 pound charge - the perspective 
is different.  300 pounds is not a large charge.   I do understand in typical human 
crematories, 300 pounds  = a large (risky) charge!   
BTW, I started using COMS and keeping continuous HD video recording years ago.  I 
think everyone benefits with this approach.
After working with environmental regulatory agencies in multiple states/counties over 
the years, you come to appreciate good ones like you all.  I know I have missed the 
9/4 deadline for official input, but your email is truly appreciated.  
Thank you!  
Michael
Return to Stakeholder #3: Comment #14
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 74 of 77

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Lisa Richey (AQD)
To:
Lisa Richey (AQD)
Subject:
FW: Online Form Submittal: Citizen Comments
Date:
Wednesday, September 25, 2024 4:34:54 PM
From: noreply@civicplus.com <noreply@civicplus.com> 
Sent: Sunday, September 22, 2024 7:38 PM
To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (HSD)
<Kathy.Semder@Maricopa.Gov>; Andy Linton (ENV) <Andy.Linton@Maricopa.Gov>; Bill Leal (DOT)
<Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero
(OOC) <Blanca.Caballero@Maricopa.gov>; Michele Ross (COA) <Michele.Ross@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. 
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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-2022-003-Rule 313 (Incinerators, Burn-Off Ovens, and
Crematories)
Department
Air Quality
I would like to
Express support
First Name
D'ANGELO SHANQUALE RICHARDSON
Last Name
D'ANGELO SHANQUALE RICHARDSON
Organization
D'ANGELO SHANQUALE RICHARDSON
City
st, petersburg
Zip
33711
Email
dangeloirichardson@gmail.com
Phone Number
7275475734
Return to Stakeholder #4: Comment #15
Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 75 of 77

Phone Type
Mobile
Would you like someone to
contact you?
Yes
Comments
D'ANGELO SHANQUALE RICHARDSON
If applicable, attach
supporting documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe Acrobat.
IMG_20240920_034515787.jpg
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Maricopa County • Air Quality Department • Rule 313 Report to the Board of Supervisors
Page 76 of 77

Maricopa County 
Air Quality Department 
Division Name 
Maricopa.gov/AQ