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Board approves updated gasoline storage and cargo tank testing rules after public comment and Air Quality briefing
Summary
After public comment raising redundancy and scheduling concerns, Maricopa County approved updates to Rule 353 (gasoline storage/loading) and Rule 352 (gasoline cargo tank testing/use) to address EPA‑identified deficiencies and maintain the county’s SIP obligations.
The Maricopa County Board of Supervisors unanimously approved updates to two Maricopa County Air Quality rules—Rule 353 (storage and loading of gasoline at dispensing facilities) and Rule 352 (gasoline cargo tank testing and use)—after public comment and a briefing from county air quality staff.
Three members of the public spoke during the statutory hearing. Diane Barker and Blue Crowley asked the board to delay the rules so more specific information could be provided; John Opotek, a trucking industry representative, testified the county’s leak test is redundant with the federally required Method 27 test and that county test‑date windows and a $280 permit fee place burdens on fleets. Opotek said his company’s 77 trailers pay $21,560 per year in county testing fees under the current schedule.
County Manager and Philip McNeely, director of the Air Quality Department, explained the revisions respond to EPA requirements tied to the 2008 ozone standard and the county’s State Implementation Plan (SIP). McNeely said most test methods in the rule are federally approved and that the county is required to use EPA‑approved methods before adding alternate methods; the rule changes also add provisions for additional testing and reporting when a leak is detected between annual inspections.
McNeely described the history: the county’s tanker/trailer rules date to 1988 and have been revised multiple times to meet changing ozone standards and EPA findings. Kimberly Butler, planning and analysis manager with Air Quality, also participated in the briefing.
Vice Chair Brophy McGee moved approval of items 18 and 19; Supervisor Lesko seconded. The board voted unanimously to approve both rules.
The board and supervisors questioned staff about perceived redundancy with federal testing and the county’s role. McNeely said the county enforces SIP‑approved rules and issues decals/permits after reviewing tests done by commercial facilities; the county inspects for compliance but typically does not perform the testing itself. He said the county permit system is fee‑for‑service to cover processing of roughly 1,100 permits and the inspection workload.
Several supervisors asked staff to follow up with additional detail on fee structure and service provided. The motion carried unanimously.
