Ariz. Admin. Code § 18-2-610.03

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

Section R18-2-610.03 - Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment Area

A. On the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of best management practices as described in sections (B)(1)(b), (B)(2)(b), (B)(3)(b), (B)(4)(b), and (B)(5)(b).

B. On all days, a commercial farmer shall implement at least two best management practices from each category to reduce PM emissions, as described below in subsections (1)(a), (2)(a), (3)(a), (4)(a), (5)(a), and (6). If a commercial farmer implements the Conservation tillage or Reduced tillage system best management practice for the tillage category, they do not have to implement a best management practice from the subsections (2)(a), (2)(b), (5)(a) and (5)(b).

1. Tillage:

a. A commercial farmer shall implement at least two of the following:

i. Combining tractor operations,

ii. Equipment modification,

iii. Multi-year crop,

iv. Cessation of night tilling,

v. Planting based on soil moisture,

vi. Precision farming,

vii. Tillage based on soil moisture,

viii. Timing of a tillage operation,

ix. Transgenic crops,

x. Transplanting,

xi. Reduced tillage system, or

xii. Conservation tillage.

b. Unless choosing limited tillage activity (subsection iv, below), on the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Multi-year crop,

ii. Planting based on soil moisture,

iii. Tillage based on soil moisture,

iv. Limited tillage activity,

v. Reduced tillage system, or

vi. Conservation tillage.

2. Ground Operations and Harvest:

a. A commercial farmer shall implement at least two of the following:

i. Combining tractor operations,

ii. Equipment modification,

iii. Chemical irrigation,

iv. Green chop,

v. Integrated pest management,

vi. Multi-year crop,

vii. Precision farming,

viii. Reduced harvest activity,

ix. Transgenic crops, or

x. Shuttle System/Larger Carrier.

b. Unless choosing limited harvest activity (subsection iv, below), on the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Green chop,

ii. Integrated pest management,

iii. Multi-year crop, or

iv. Limited harvest activity.

3. Noncropland:

a. A commercial farmer shall implement at least two of the following best management practices:

i. Access restriction,

ii. Aggregate cover,

iii. Wind barrier,

iv. Critical area planting,

v. Organic material cover,

vi. Reduce vehicle speed,

vii. Synthetic particulate suppressant, or

viii. Watering.

b. Unless choosing watering on a high risk day (subsection vi, below), on the day before and during a day forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, on a noncropland area that experiences more than 20 VDT from 2 or more axle vehicles, commercial farmer shall ensure implementation of at least one of the following best management practices:

i. Aggregate cover,

ii. Wind barrier,

iii. Critical area planting,

iv. Organic material cover,

v. Synthetic particulate suppressant, or

vi. Watering on a high risk day.

c. On each day that traffic accounts for 50 or more vehicle daily trips, or 20 or more vehicle daily trips with 3 or more axels, within an unpaved vehicle or equipment traffic area, the opacity of emissions shall be limited to no more than 20% measured according to 40 CFR 60, Appendix A, Reference Method 9.

4. Commercial farm roads:

a. A commercial farmer shall implement at least two of the following best management practices:

i. Access restriction,

ii. Reduce vehicle speed,

iii. Track-out control system,

iv. Aggregate cover,

v. Synthetic particulate suppressant,

vi. Watering, or,

vii. Organic material cover.

b. Unless choosing watering on a high risk day (subsection vi, below), on the day before and during a day forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, on a road that experiences more than 20 VDT from 2 or more axle vehicles, a commercial farmer shall ensure implementation of at least one of the following best management practices:

i. Aggregate cover,

ii. Synthetic particulate suppressant,

iii. Wind barrier,

iv. Organic material cover,

v. Roads are stabilized as determined by the silt content test method,

vi. Watering on a high risk day.

5. Cropland:

a. A commercial farmer shall implement at least two of the following best management practices, one from subsection (i) through (vii), and one from subsection (viii) through (xi), to reduce PM emissions from cropland:

i. Wind barrier,

ii. Cover crop,

iii. Cross-wind ridges,

iv. Chips/mulches,

v. Sequential cropping,

vi. Residue management,

vii. Surface roughening,

viii. Multi-year crop,

ix. Permanent cover, or

x. Stabilization of soil prior to plant emergence.

b. On the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Wind barrier,

ii. Cover crop,

iii. Cross-wind ridges,

iv. Chips/mulches,

v. Surface roughening,

vi. Multi-year crop,

vii. Permanent cover,

viii. Stabilization of soil prior to plant emergence, or

ix. Residue management.

6. Significant Agricultural Earth Moving Activities:

a. 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);

b. 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);

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

d. 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.

C. From and after December 31, 2015, a commercial farmer who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form demonstrating compliance with this rule. 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 following information for each best management practice selected for tillage, ground operations and harvest, cropland, noncropland, commercial farm roads, and significant earth moving activities (if applicable); and

4. Any additional best management practices selected for high risk days as predicted by the Pinal County Dust Control Forecast.

D. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director, in conjunction with the Arizona Department of Agriculture, shall provide the commercial farmer with a Best Management Practices Program 3-year Survey. The commercial farmer shall complete the Survey with data from the preceding calendar year and submit the Survey to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The Survey information submitted to the ADA shall be compiled by the ADA without reference to a commercial farmer's name, shall aggregate the data from the Surveys received, and be submitted to the Department. The 3-year Survey shall include the following information:

1. The name, business address, and phone number of the commercial farmer responsible for the preparation and implementation of the best management practices;

2. The signature of the commercial farmer and the date the form was signed;

3. The acreage of each crop type planted/growing during the calendar year that the survey is conducted;

4. The total miles of commercial farm roads at the commercial farm;

5. The total acreage of the noncropland at the commercial farm;

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

7. Any additional best management practices selected for high risk days as predicted by the Pinal County Dust Control Forecast.

E. Records of any changes to the Best Management Practices shall be noted on the Best Management Practices Program General Permit Record Form and 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.

F. A person may develop different practices to control PM emissions not contained in subsections (B)(1) through (B)(6) and may submit such practices that are proven effective through on-farm demonstration trials to the Committee.

G. 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.

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

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

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

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

Ariz. Admin. Code § R18-2-610.03

Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by final exempt rulemaking at 27 A.A.R. 2747, effective 11/3/2021.