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Board removes “affirmative defense” language from county air‑quality rules at EPA’s urging
Summary
The Board approved a resolution rescinding affirmative‑defense provisions in Chapter 3 of the Pinal County Air Quality District code following EPA interpretation that the provisions should be rescinded from existing permits and regulations.
The Board of Supervisors voted to remove affirmative‑defense provisions from the Pinal County Air Quality District code following guidance from the U.S. Environmental Protection Agency.
Rupesh Patel, Pinal County Air Quality planning manager, told the board that the affirmative‑defense language in chapter 3, article 1, section 081 of the district code was originally included in the district’s rules but that the EPA has interpreted the Clean Air Act enforcement framework to mean those provisions should be rescinded from permits and local regulations. Patel said the change aligns county rules with EPA expectations for enforcement and permitting.
A board member moved and the board approved the resolution during the meeting; the vote on the motion was called and the ayes carried.
Why it matters: The change affects how the Air Quality District frames certain enforcement defenses in permits and regulations, aligning local code with the EPA’s interpretation of federal enforcement requirements. County staff said the change was discussed at a prior work session and advanced as an item for formal action.
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