Ariz. Admin. Code § 18-2-610.01

Current through Register Vol. 30, No. 25, June 21, 2024

Section R18-2-610.01 - Agricultural Pm General Permit for Crop Operations; Maricopa County Pm Nonattainment Area

A. A commercial farmer within the Maricopa County PM Nonattainment Area shall implement at least two best management practices from each category to reduce PM emissions.

B. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions during tillage, harvest or ground operation activities:

1. Chemical irrigation,

2. Combining tractor operations,

3. Equipment modification,

4. Green Chop,

5. Integrated Pest Management,

6. Limited harvest activity,

7. Limited tillage activity,

8. Multi-year crop,

9. Cessation of Night Tilling,

10. Planting based on soil moisture,

11. Precision Farming,

12. Reduced harvest activity,

13. Reduced tillage system,

14. Tillage based on soil moisture,

15. Timing of a tillage operation,

16. Transgenic Crops,

17. Transplanting,

18. Shuttle System/Larger Carrier, or

19. Conservation Tillage.

C. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from noncropland and commercial farm roads:

1. Access restriction,

2. Aggregate cover,

3. Wind barrier,

4. Critical area planting,

5. Organic material cover,

6. Reduce vehicle speed,

7. Synthetic particulate suppressant,

8. Track-out control system, or

9. Watering.

D. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from cropland:

1. Wind barrier,

2. Cover crop,

3. Cross-wind ridges,

,

4. Chips/mulches,

5. Multi-year crop,

6. Permanent cover,

7. Stabilization of soil prior to plant emergence,

8. Residue management,

9. Sequential cropping, or

10. Surface roughening.

E. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions when conducting Significant Agricultural Earth Moving Activities as defined in R18-2-610:

1. Apply water prior to conducting Significant Agricultural Earth Moving Activities and/or time Significant Agricultural Earth Moving Activities to coincide with precipitation. Soil must have a minimum soil moisture content of 50% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

2. Apply water during Significant Agricultural Earth Moving Activities. Soil must have a minimum soil moisture content of 30% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

3. Limit activities on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation; or

4. Conduct Significant Agricultural Earth Moving Activities in a manner to reduce a minimum of one ground operation across a commercial farm by using equipment that is the most efficient means of moving the soil.

F. From and after December 31, 2015, a commercial farmer who engages in a regulated agricultural activity shall complete and maintain a Best Management Practices Program General Permit Record Form demonstrating compliance with this Section. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial farmer. The Best Management Practice Program General Permit Record Form shall include the following information:

1. The name of the commercial farmer, signature, and date signed;

2. The mailing address or physical address of the commercial farm; and

3. The best management practices selected for tillage, harvest, and ground operation activities, cropland, noncropland and commercial farm roads, and significant earth moving activities (if applicable).

G. Records of any changes to the Best Management Practices identified in the most recently submitted Best Management Practices Program General Permit Record Form shall be kept by the commercial farmer onsite and made available for review by the Director within two business days of notice to the commercial farmer.

H. A person may develop different practices to control PM emissions not contained in subsections (B), (C), (D), or (E) and may submit such practices that are proven effective through on-farm demonstration trials to the Committee. The proposed new practices shall not become effective unless submitted as described in A.R.S. § 49-457(L).

I. A commercial farmer shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

J. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM₁₀ general permit.

K. A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

L. The Director shall document noncompliance with this Section before issuing a compliance order.

M. A commercial farmer who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

Ariz. Admin. Code § R18-2-610.01

New Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.