The Maricopa County Air Quality Department (MCAQD) is currently in the rulemaking process to update Adopted Rules 313 (Incinerators, Burn-Off Ovens, and Crematories), Rule 330 (Volatile Organic Compounds) and Rule 331 (Solvent Cleaning). The proposed changes to Rule 330 and Rule 331 and how they may impact your facility are detailed in
Maricopa County VOC RACT Rule Updates in the Horizon. The purpose of Rule 313 (last revised in 2012) is to limit particulate matter emissions from incinerators, burn-off ovens, and crematories. The rulemaking process is currently in the third step of MCAQD’s comprehensive seven step process. This article is intended to provide the proposed changes to Rule 313 and the potential implications for applicable facilities.
Background
The MCAQD is proposing to revise Rule 313 to further clarify, update, and enhance the rule. If approved and upon adoption of the new modified 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). This rule applies to incinerators, burn-off ovens and crematories. Burn-off ovens include reclamation units that are used in metal salvage operations or the heated removal of nonmetallic coatings from metal parts. Please note that laboratory ovens, ovens used in research facilities, and other types of activities listed in MCAQD Rule 313 Section 103 are exempt from this rule.
Proposed Updates
The main proposed updates in the current Rule 313 draft are the following:
- Proposing further clarification on nighttime combustion standards, specifically, methods to calibrate and maintain a Continuous Opacity Monitoring System (COMS).
- Clarifying the frequency of opacity checks and methods to use to determine compliance with the opacity standard in the rule.
- Incorporating language to allow flexibility with calibration and maintenance procedures for COMS.
- Clarifying particulate matter performance testing requirements for facilities with multiple units.
- Clarifying the controls required as a part of the standard for cremation procedures involving large charges.
The following sections are the main focus of the proposed modifications:
- Section 100 – General: Removing the exemption under Section 103.8 for all incinerators subject to Maricopa County Rule 317 and the additional language that emission sources may also be subject to certain federal regulations.
- Section 200 – Definitions: The removal of hospital waste, medical waste, and pathological waste terminology. The modification or increased specificity in defining a continuous opacity monitoring system, cremation, metal salvage operations and parts reclamation units. The addition of the following new definitions to the rule:
- 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.
- Emission Control System (ECS): A system for reducing emissions of particulate matter consisting of both a capture system and control device(s).
- Time of Operation: The start and end times of each burn cycle.
- Section 300 – Standards: New standards for alternate operating conditions for crematories and Operations and Maintenance (O&M) Plan requirements utilized in alternate operating scenarios, revised standards for nighttime combustion and opacity monitoring systems.
- Section 500 – Monitoring and Records: Additional monitoring and recordkeeping requirements for times of operation, material weight, opacity observations (Method 9 certifications), nighttime combustion, particulate matter performance testing and revisions to compliance determination test methods.
The MCAQD hosted a Stakeholder Workshop on June 22, 2023 to discuss the initial drafts of the updated rules, which are available for review on the MCAQD website (
Rule 313,
Rule 330,
Rule 331). Additionally, MCAQD is also actively receiving and reviewing comments on the current draft of the rules that have been submitted through the
Maricopa County Enhanced Regulatory Outreach Program (EROP) website. Additional supplemental comments have been received and are also available to view on the MCAQD website.
The next step in the rulemaking process is the First Board of Health Meeting that will take place on August 28, 2023. This meeting will be held virtually and registration in now open Maricopa County Board of Health Meeting. If the Board of Health approves the initiation of regulatory changes for Rule 313, 330 and 331, then MCAQD will continue following the EROP Policy and the MCAQD regulatory process. MCAQD will conduct at least one more stakeholder workshop for all three rules before adopting the final rules.
If you would like to discuss this regulatory update and how it may impact your facilities and projects in Maricopa County, please contact
Trinity’s Phoenix Office or call
602.363.1216.
