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  • Draft, Proposed, & Final Rules

    The Arizona Revised Statutes 49-112 and 49-471 et seq. authorizes the county to adopt regulations and establishes a rulemaking process by which the county must follow.  In addition, a variety of state laws give citizens the right to comment on regulations before the county can put them into effect. Pima County Department of Environmental Quality is responsible for creating and amending existing rules within Pima County Code Title 7- Environmental Quality, Title 13 - Public Service, and Title 17 - Air Quality, and creating and amending existing Pima County Ordinances relating to Air, Water, and Waste.

    PDEQ follows a process for creating and amending Pima County Code and Pima County Ordinances. An Introduction to the Rulemaking Process provides an overview of the process and frequently asked questions regarding rulemaking. PDEQ also follows a process for revising the Pima County portion of the Arizona State Implementation Plan (SIP).  Each rulemaking, or revision of the Pima County portion of the SIP will have a 30-day Public Comment period.  Public Comments can be submitted in writing via letter, e-mail to Sarah Reitmeyer, or through the PDEQ online Public Comment Form.  We encourage you to participate in the rulemaking process.  

    Air

    Title 17 - Inactive mineral tailings impoundment and slag storage area within the Ajo PM10 Planning Area

    Summary: This Notice of Proposed Rulemaking proposes the addition of a new section to PCC Title 17, Chapter 17.16, Section 17.16.125- Inactive Mineral Tailings Impoundment and Slag Storage Area within the Ajo PM10 Planning Area.  The intention of this rulemaking is to meet State Implementation Plan (SIP) requirements to provide permanence and enforceability for control measures that have already been implemented. Under this new section, owners or operators are subject to implement and maintain required Particulate Matter (PM10) control measures on applicable sources to meet visible emissions and stabilization requirements, in order to ensure continued Particulate Matter emissions reductions in the Ajo PM10 Planning Area.  

    Documents Deadline for Public Comment Public Hearing
    Date
    Notice of Final Rulemaking
    BOS Agenda Submission - Ordinance & Public Notice Documents
    Notice of Proposed Rulemaking
    1st Public Notice-10-26-2018
    Draft Ordinance adding PCC 17.16.125
    2nd Public Notice-01-04-2019
    Comment Period Closed January 22, 2019

    Title 17 - Reorganization

    Summary: PDEQ is interested in reorganizing Title 17. The intention is to organize Title 17 in a more coherent manner by separating Class I (major source) rules and Class II and III (minor source) rules. This proposal is in response to PDEQ's necessity to update the State Implementation Plan (SIP) and Title V (part 70) program. The proposed separation of major and minor source rules will simplify the submittal process for PDEQ and more importantly provide a more comprehensible set of rules to stakeholders and the public.  

    Documents Deadline for Public Comment Public Hearing
    Date
    Final PCC Title 17 Reorganization Ordinance 2017-20
    PCC Title 17 Reorganization Crosswalk
    Final PCC Title 17 Reorganization Ordinance-Legislative
    Public Notice Title 17 Reorganization (Daily Territorial 6-20-17)
    Public Notice Title 17 Reorganization (AZ Daily Star 6-20-17)
    Notice of Proposed Rulemaking - A.A.R. May 12, 2017
    Public Notice Title 17 Reorganization (Daily Territorial 5-12-17)
    Public Notice Title 17 Reorganization (AZ Daily Star 5-12-17)
    Presentation - Stakeholder meeting - December 13, 2016
    PCC Title 17 Chapter Outline Legislative-DRAFT December 6, 2017
    PCC Title 17 Chapter Outline Clean-DRAFT December 6, 2017
    PCC Title 17 Reorganization Legislative-DRAFT December 6, 2017
    PCC Title 17 Reorganization Clean-DRAFT December 6, 2017
    PCC Title 17 Reorganization Crosswalk-DRAFT December 6, 2017
    comment period closed
    July 11, 2017

    Title 17 - Incorporations by Reference to July 1, 2015

    Summary: The Pima County Board of Supervisors (BOS) as the governing body for the Pima County Air Quality Control District adopts ordinances which are codified in the Pima County Code (PCC). The Pima County Air Quality Control District operates within the Pima County Department of Environmental Quality (PDEQ). PDEQ periodically proposes updates to PCC through the BOS. This rulemaking is proposed to conform to the Code of Federal Regulations (CFR) in an effort to achieve consistency and accuracy in Title 17 of the Pima County Code. PDEQ is proposing new and updated incorporations by reference of the following federal regulations: Acid Rain, National Emission Standards for Hazardous Air Pollutants (NESHAP), New Source Performance Standards (NSPS), National Ambient Air Quality Standards (NAAQS), and other parts of Title 40 CFR. The federal regulations for Acid Rain, NESHAP, and NSPS in effect July 1, 2015 would be incorporated, and the NAAQS in effect October 26, 2015 would be updated. PDEQ's intention is to continue its delegated authority from EPA to implement and enforce these programs. PDEQ is also updating the definition of Volatile Organic Compounds (VOC) in Section 17.04.340 to conform to federal regulations. This rulemaking will also update the Mineral Tailings section of PCC Title 17 to conform to Arizona Administrative Code Title 18. These updates include changes to Sections PCC 17.04.070, PCC 17.04.340, PCC 17.08.020, PCC 17.08.030, PCC 17.08.050, PCC 17.08.060, PCC 17.08.070, PCC 17.12.045, PCC 17.12.180, PCC 17.12.365, PCC 17.16.120, PCC 17.16.490, and PCC 17.16.530.

    Documents Deadline for Public Comment Public Hearing
    Date
    Federal Register Direct Final Rule NSPS & NESHAP
    U.S. EPA Delegation Letter
    Delegation Request Letter to U.S. EPA
    Final Rulemaking Arizona Administrative Register Notice
    Final Incorporations by Reference Ordinance 2016-46
    Draft Incorporations by Reference/Conforming Changes Ordinance
    May 20, 2016 A.A.R. 1305 - 1325
    Public Notice AQ Hearing Board (Daily Territorial 5-20-16)
    Public Notice AQ Hearing Board (AZ Daily Star 5-20-16)
    Stakeholder Meeting Presentation 05-12-16
    Expedited Rulemaking Title 17 - Updated Incorporations
    comment period closed August 2, 2016

    Title 17 - Air Quality Hearing Board

    Summary: PDEQ is updating Pima County Code 17.04.190 conform to the Arizona Revised Statutes in an effort to achieve consistency and accuracy in Title 17 of the Pima County Code.  PDEQ's intention in updating this rule is to conform to the composition of the Air Quality Hearing Board as put forth in A.R.S. 49-478. 

    Documents Deadline for Public Comment Public Hearing
    Date
    Final Air Quality Hearing Board Ordinance 2015-019
    Draft Air Quality Hearing Board Ordinance
    March 27, 2015 A.A.R. 469 - 471
    Public Notice AQ Hearing Board (Daily Territorial 3-27-15)
    Public Notice AQ Hearing Board (AZ Daily Star 3-27-15)
    Draft - Expedited Rulemaking Title 17 - Air Quality Hearing Board
    comment period closed May 5, 2015

    Past Rulemaking

    Title 17 - Incorporations by Reference 2008

    Summary: PDEQ periodically updates and conforms to the Code of Federal Regulations (CFR) in an effort to achieve consistency and accuracy in Title 17 of the Pima County Code. PDEQ is adopting new and updated incorporations by reference of the following federal regulations: Acid Rain, National Emission Standards for Hazardous Air Pollutants (NESHAP), New Source Performance Standards (NSPS), and other parts of Title 40 of the CFR. PDEQ's intention in updating the incorporations by reference is to continue its delegated authority from EPA to implement these programs in Pima County.
    Documents Deadline for Public Comment Public Hearing
    Date
    Federal Register Direct Final Rule-NESHAP
    Federal Register Direct Final Rule NSPS
    EPA NESHAP Delegation Letter
    EPA NSPS Delegation Letter
    June 6, 2008 14 A.A.R. 2246
    March 28, 2008 14 A.A.R. 899
    Public Notice Incorporation by Reference
    comment period closed May 13, 2008

    Title 17 - Class I, II, III Permit Fees 2007

    Summary: PDEQ is amending the fee it charges to owners and operators of Class I, II, and III sources.
    Documents Deadline for Public Comment Public Hearing
    Date
    December 14, 2007 13 A.A.R. 4414
    September 21, 2007 13 A.A.R. 3204
    Public Notice Class I, II, & III Permit Fees
    Class I, II, &, III Permit Fee Table
    comment period closed November 20, 2007

    Title 17 - Hazardous Air Pollutants 2007

    Summary: Pursuant to A.R.S. 49-480.04, the Board of Supervisors shall establish by rule a county hazardous air pollutant program.
    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    August 24, 2007 13 A.A.R. 2932
    March 16 , 2007 13 A.A.R. 875
    Public Notice Hazardous Air Pollutants
    comment period closed July 24, 2007

    Water

    Title 7.03 - Public Water Systems Fee Adjustment

    Summary: PDEQ is proposing revisions to Pima County Code, Title 7.03 to adjust annual permit fees for county-regulated, public water systems (PWS).

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final PWS Fee Adjustment Ordinance
    Draft PWS Fee Adjustment Ordinance
    PWS Fee Adjustment Reference Tables
    PWS Fee Adjustment Letter to Stakeholders
    Public Notice Daily Territorial PWS Fee Adjustment
    Public Notice Tucson Newspapers PWS Fee Adjustment
    Fee Adjustment Stakeholder Meeting Presentation
    comment period closed April 21, 2009

    Title 7.33 - Removal of Rubbish, Trash, Weeds, Filth and Debris

    Summary: PDEQ is proposing revisions to Title 7.33 to clarify and add buffelgrass to the definition of weeds, create an opportunity to correct and conform to A.R.S. 11-268.

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final Title Removal of Rubbish Buffelgrass Ordinance
    Draft Ordinance Removal of Rubbish Buffelgrass
    Proposed Draft Removal of Rubbish Buffelgrass Ordinance
    comment period closed March 17, 2009

    Waste

    Solid Waste Fee Schedule 2018-2022

    Summary: PDEQ is proposing revisions to County's fee schedule relating to Pima County's solid waste facilities (landfills and transfer stations). The proposed fee schedule ordinance presents changes to solid waste facilities fees, including establishing commercial and residential fees for a period of five (5) years beginning July 1, 2018. The currently adopted fee schedule ends June 30, 2018.

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final Fee Schedule Ordinance
    30-Day Public Notice
    60-Day Public Notice
    Draft Fee Schedule Ordinance
    Comment Period Closed November 21, 2017

    Solid Waste Fee Schedule 2017

    Summary: PDEQ is proposing revisions to County's fee schedule relating to Pima County's solid waste facilities (landfills and transfer stations).

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final Fee Schedule Ordinance
    Public Notices
    Draft Fee Schedule Ordinance
    N/A June 6, 2017

    Solid Waste Fee Schedule Clarification 2014

    Summary: PDEQ is proposing clarification of the County's fee schedule relating to Pima County's Sahuarita solid waste facility.

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final Fee Schedule Clarification Ordinance 2014
    Draft Fee Schedule Clarification Ordinance
    Public Notice Fee Schedule Clarification (Daily Territorial 7-21-14)
    Public Notice Fee Schedule Clarification (AZ Daily Star 7-21-14)
    N/A August 5, 2014

    Title 13.40 - Amendments and Solid Waste Fee Schedule - 2013

    Summary: PDEQ is proposing revisions to Pima County Code (PCC) Title 13 (Solid Waste) and the County's fee schedule relating to Pima County's solid waste facilities (landfills and transfer stations).

    Documents Deadline for
    Public Comment
    Public Hearing
    Date
    Final Solid Waste Fee Schedule Ordinance 2013
    Final Solid Waste Title 13 Ordinance
    Amended Solid Waste Fee Schedule Ordinance
    Revised Draft Fee Schedule Ordinance
    Revised Draft Title 13 Ordinance
    PDEQ - Response to Comments
    Draft Fee Schedule Ordinance
    Draft Solid Waste Title 13 Ordinance
    Public Notice (Ajo Copper News) - 07-17-13
    Public Meeting Notice (Ajo Copper News) - 06-19-13
    Public Notice Fee Schedule Title 13 (Daily Territorial 6-6-13)
    Public Notice Fee Schedule Title 13 (AZ Daily Star 6-6-13)
    comment period closed August 6, 2013

    Title 13.40 - Waste Acceptance

    Summary: PDEQ is proposing revisions to Pima County Code, Title 13.40 to repeal the ban on the acceptance of out-of-county municipal waste. Comments pertaining to this revision can be submitted at the Board of Supervisors Hearing on May 7th, 2013.

    Documents Deadline for Public
    Comment
    Public Hearing
    Date
    Final Title 13-40 Waste Acceptance Ordinance
    Draft Title 13-40 Waste Acceptance Ordinance
    Public Notice Title 13-40 (Daily Territorial 4-22-13)
    Public Notice Title 13-40 (AZ Daily Star 4-22-13)
    comment period closed May 7, 2013
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    Department of Environmental Quality

    33 N. Stone Ave., Suite 700
    Tucson, AZ 85701

    Phone: (520) 724-7400
    Fax: (520) 838-7432


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