Air quality rule changes summarized

In a unanimous vote to clean the air we breathe, the Maricopa County Board of Supervisors recently approved revisions to its dust pollution control regulations.



View a comprehensive list of all rule changes made by the board in the summary below.



BACKGROUND: The region of Maricopa County is under a federal mandate to reduce particulate matter (dust) pollution. The county and local municipalities are required by state and federal law to tighten up current regulations in an effort to control dust pollution. Some of the revised regulations include those restricting the use of wood-burning fireplaces and fire pits, off-road vehicles, leaf blowers, dirt parking lots and restraints on mining operations and construction entities.



Summary of Maricopa County Air Pollution Control Ordinances and Rules

Adopted by the Board of Supervisors in February 2008 and in March 2008





P-25

Leaf Blower Restriction Ordinance



· Prohibits the blowing of landscape debris into public roadways

· Prohibits the operation of leaf blowers on any surface that is not stabilized (i.e., bare soil)

· Applies to individual private users (i.e., homeowners), landscaping companies, and public employees (i.e., county maintenance workers) within the Maricopa County borders of Area A

· A first violation will result in a warning; second violation a $50 fine; third violation a $100 fine; and fourth and subsequent violations a $250 fine





P-26

Residential Wood burning Restriction Ordinance



· Existing ordinance that prohibits wood burning in residential fireplaces on High Pollution Advisory days



· Extends fireplace restrictions to wood burning chimineas, outdoor fire pits, and similar outdoor fires on High Pollution Advisory days



· Increases fourth and subsequent violations to $250 fine





P-27

Vehicle Parking And Use On Unstabilized Vacant Lots



· Restricts all vehicle parking and use on unstabilized vacant lots within unincorporated areas (i.e., county islands) of the Maricopa County borders of Area A



· A violation of the ordinance by a vehicle operator is a class 3 misdemeanor with the possibility of performing at least eight but not more than 24 hours of a community restitution course related to off-highway operation of motor vehicles



· Exempts vehicle parking and use on unstabilized vacant lots by property owner or the invitee who has lawful authority (i.e., a sign posting the property “open”, an easement, or written permission from a private land owner)



· Exempts sites that have been issued a permit by the Control Officer for the control of fugitive dust from dust generating operations





P-28

Off-Road Vehicle Use In Unincorporated Areas Of Maricopa County



· Restricts the operation of any vehicle on unpaved public property without lawful authority (i.e., rules, regulations, orders, a sign posting the property “open”, maps issued by the government or government agency, virtual posting)



· Restricts the operation of any vehicle on unpaved private property without the consent of the land owner (i.e., a sign posting the property “open”, an easement, or written permission from a private land owner)



· Roads or highways are not subject to this ordinance



· A violation of the ordinance by the vehicle operator is a class 3 misdemeanor with the possibility of performing at least eight but not more than 24 hours of a community restitution course related to off-highway operation of motor vehicles



· Enforcement will occur within unincorporated areas of Maricopa County (i.e., county islands and other areas not legally part of a city or town)





Rule 200

Permit Requirements



· Existing rule that requires sources to obtain permits before generating air pollution



· Removes Earthmoving Permit requirements and adds such requirements to Rule 310



· Adds subcontractor registration requirements to comply with Senate Bill 1552





Rule 300

Visible Emissions



· Existing rule that requires sources to keep their visible emissions at 20% opacity or less



· Changes the way visible emissions are “read” from averaging to aggregating





Rule 310 - Fugitive Dust From Dust Generating Operations

And

Rule 310.01 - Fugitive Dust From Non-Traditional Sources Of Fugitive Dust



Rule Synopsis:

Rule 310 is an existing rule that requires sources to meet certain standards and to apply best available control measures to minimize fugitive dust emissions



Rule 310.01 is an existing rule that requires non-permitted sources to control fugitive dust



Goals Of Rule Revisions:

To comply with Senate Bill 1552



To comply with commitments made in the Five Percent Plan



To improve compliance rate



Rule Revisions:

Rule 310: Clarifies the following existing requirements in the rule:

· Control measures: Combines control measures, work practices, and tables that described control measures into one section titled “Control Measures”



· Daily recordkeeping:

Clarifies daily recordkeeping requirements to more clearly describe what actions a person who conducts dust-generating operations must take in order to daily record application of dust control measures and changes records retention requirements from six months following termination of dust-generating operation to two years from the date such records were initiated
Clarifies that any person who conducts dust-generating operations that require a Dust Control Plan must keep a written record of self-inspection on each day dust-generating operations are conducted and that self-inspection records must include daily inspections for crusted or damp soil, trackout conditions and clean-up measures, daily water usage, and dust suppressant application


· Timeframe for permanently stabilizing disturbed surface areas: Requires permanent stabilization of disturbed surface areas within 40 days of ceasing dust-generating operations



Rule 310: Adds the following requirements to the rule:

· Permit requirements from Rule 200



· General Requirements section

Clarifies the duties to which an owner and/or operator must comply
Lists all of the applicable provisions/sections of Rule 310 to which a site must comply
Distinguishes requirements for control measures, stabilization standards, and test methods


· Visible emissions prohibited beyond property line



· Trackout limited to 25 cumulative linear feet



· Dust control training classes

Basic dust control training for site superintendents if site is more than one acre, water truck drivers, and water pull drivers
Comprehensive dust control training for Dust Control Coordinator if site is five acres or more


Rule Revisions:

Rule 310.01: Clarifies control measures for feedlots and/or livestock areas:

· Changes terminology to “livestock activities”

· Adds control measures for unpaved feed lane access areas, unpaved access connections, corrals, pens, and arenas

· Adds control measures for bulk material hauling



Rule 310.01: Clarifies procedures for conducting traffic counts for unpaved roadways and easements, rights-of-way, and access roads for utilities

· Measure vehicular traffic over a 48-hour period, which may consist of two non-consecutive 24-hour periods

· Measure vehicular traffic continuously during each 24-hour period

· Record the average vehicle counts/traffic counts on the highest trafficked days



Rule 310.01: Adds the following requirements to the rule:

• Control Officer authority to stabilize vacant lot if owner does not stabilize vacant lot as required



• Visible emissions prohibited beyond property line

• Vehicle use in open areas and vacant lots

• Open areas and vacant lots

• Unpaved parking lots

• Livestock activities



• Trackout limited to 25 cumulative linear feet

• Unpaved parking lots

• Livestock activities



• Stabilization requirements (i.e., pavement, concrete, or asphalt) for unpaved parking lots

• Developments other than residential buildings with four or fewer units

• Areas 3,000 square feet or more in size at residential buildings with four or fewer units





Rule 314

Open Outdoor Fires And Indoor Fireplaces

At Commercial and Institutional Establishments



• Existing rule that requires sources to meet certain standards and to follow certain procedures when conducting open fires



• Extends fireplace restrictions to hotels and restaurants on No-Burn Days



• Prohibits certain types of permitted and non-permitted open burning from May 1 – September 30 of each year in Area A



• Revises specifications and operating requirements for air curtain destructors



• Prohibits burning vegetation from land cleared for construction





Rule 316

Nonmetallic Mineral Processing



Existing rule that requires sources to meet certain standards and to follow certain procedures when conducting nonmetallic mineral processing (i.e., mining, separating, or crushing stone, gravel, rocks, or sand; producing concrete or asphaltic concrete)



Clarifies the following requirements in the rule:

• Stabilization requirements for an open area or a disturbed surface area on which no activity is occurring

• Stabilization requirements for on-site traffic areas and permanent areas of a site

• Recordkeeping requirements

• Training requirements for fugitive dust control technicians



Adds these requirements to the rule:

• Minimum soil moisture content for crushing and screening operations

• Dust control equipment in Operation And Maintenance Plans (O&M Plans)

• Basic Dust Control training for site superintendents and water truck and water pull drivers for each site

• Control measure: Cover open storage piles with tarps, plastic, or other material to prevent wind from removing the covering

• Silt loading and silt content standards for unpaved parking and staging areas

• Aggregating visible emissions

• Facility information sign



Appendix C

Fugitive Dust Test Methods



• Existing appendix that describes methods to visually determine opacity



• Clarifies procedures of the Drop Ball test



• Adds procedures to determine opacity from livestock activities - corrals, pens, and arenas



A complete list of Air Quality Department rules and regulations for Maricopa County may be found on the department’s website: http://www.maricopa.gov/aq/divisions...optedRules.asp