Ariz. Admin. Code § 18-2-611.03

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

Section R18-2-611.03 - Agricultural PM General Permit for Animal Operations; Pinal County PM Nonattainment Area

A. A commercial animal operator within the Pinal County PM Nonattainment Area shall implement at least one best management practice from each of the categories identified in subsection (D)(5) and (E)(5) and two best management practices from each of the other categories to reduce PM emissions.

B. In addition to subsection (A), on the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, commercial dairy operations within the Pinal County PM Nonattainment Area shall apply and maintain one of the four following BMPs on unpaved roads that experience more than 20 VDT from 2 or more axle vehicles:

1. Apply and maintain pavement in high traffic areas,

2. Apply and maintain aggregate cover,

3. Apply and maintain synthetic particulate suppressant, or

4. Apply and maintain water as a dust suppressant.

C. In addition to subsection (A), commercial beef feedlots within the Pinal County PM Nonattainment Area, shall add water to pen surface, as defined in R18-2-611(3)(a), on the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast.

D. A commercial dairy operation shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Use free stall housing,

b. Provide shade in corral,

c. Provide cooling in corral,

d. Cement cattle walkways to milk barn,

e. Groom manure surface,

f. Water misting systems,

g. Use drag equipment to maintain pens,

h. Pile manure between cleanings,

i. Feed green chop,

j. Keep calves in barns or hutches,

k. Do not run cattle,

l. Apply a fibrous layer, or

m. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to dairy cattle,

b. Store and maintain feed stock,

c. Covers for silage,

d. Store silage in bunkers,

e. Cover manure hauling trucks, or

f. Do not load manure trucks with dry manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install signage to limit vehicle speed to 15 mph,

b. Install speed control devices,

c. Restrict access to through traffic,

d. Install and maintain a track-out control device,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant, or

h. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant,

i. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks, or

j. Apply and maintain pavement or cement feed lanes.

5. Unpaved Vehicle or Equipment Traffic Area:

a. Apply and maintain aggregate cover,

b. Apply and maintain synthetic particulate suppressant,

c. Apply and maintain water as a dust suppressant, or

d. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks.

E. A commercial beef cattle feedlot shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Concrete aprons,

b. Provide shade in corral,

c. Add water to pen surface,

d. Manure removal,

e. Pile manure between cleanings,

f. Feed higher moisture feed to beef cattle,

g. Control cattle during movements,

h. Use drag equipment to maintain pens,

i. Apply a fibrous layer, or

j. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to beef cattle;

b. Add molasses or tallow to feed,

c. Store and maintain feed stock,

d. Bulk materials,

e. Use drag equipment to maintain pens,

f. Cover manure hauling trucks, or

g. Do not load manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install and maintain a track-out control device,

b. Apply and maintain pavement in high traffic areas,

c. Apply and maintain aggregate cover,

d. Apply and maintain synthetic particulate suppressant, or

e. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant, or

i. Apply and maintain oil on roads or feed lanes.

5. Unpaved Vehicle or Equipment Traffic Area:

a. Apply and maintain aggregate cover,

b. Apply and maintain synthetic particulate suppressant,

c. Apply and maintain water as a dust suppressant, or

d. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks.

F. A commercial poultry facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. Clean fans, louvers, and soffit inlets in a commercial poultry facility,

b. Use no bedding,

c. Control vegetation on building exteriors,

d. Add moisture through ventilation systems, or

e. House in fully enclosed ventilated buildings.

2. Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to the feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean floors and walls in a commercial poultry facility,

i. Clean aisles between cage rows,

j. Stack separated manure solids, or

k. Maintain moisture in manure solids.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system, or

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water, or

h. Apply and maintain oil on roads or feed lanes.

G. A commercial swine facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. House in fully enclosed ventilated buildings,

b. Use no bedding,

c. Use a slatted floor system,

d. Use sloped concrete flooring,

e. Clean fans, louvers, and soffit inlets in a commercial swine facility,

f. Control vegetation on building exteriors, or

g. Add moisture through ventilation systems.

2. Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean pens, floors, and walls in a commercial swine facility,

i. Clean aisles between pens and stalls,

j. Store separated manure solids in a wind-blocked area,

k. Stack separated manure solids,

l. Maintain moisture in manure solids, or

m. Maintain liquid lagoon level.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system,

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water,

h. Apply and maintain oil on roads or feed lanes, or

i. Wind barrier.

H. From and after December 31, 2015, a commercial animal operator who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. 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 animal operator. The Best Management Practices Program General Permit Record Form shall include the following information:

1. The name of the commercial animal operator, signature, and date signed,

2. The mailing address or physical address of the commercial animal operation, and

3. The best management practices selected for Arenas, Corrals, and Pens, Animal Waste Handling and Transporting, Unpaved Access Connections, and Unpaved Roads or Feed Lanes.

I. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director shall provide the commercial animal operator with a Best Management Practices Program 3-year Survey. The commercial animal operator 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 in a format that does not refer to a commercial animal operator'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 number of animals in a commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

4. The total miles of unpaved roads at the commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

5. The total acreage of the unpaved access connections and equipment areas at the commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

6. The best management practices selected for each category; and

7. For commercial dairy operations and beef cattle feedlots, an acknowledgment that water was applied on the day of a high risk day as predicted by the Pinal County Dust Control Forecast.

J. Beginning January 1, 2016, a commercial animal operator shall maintain records 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 and any changes to the best management practices. Records shall be kept by the commercial animal operator onsite and made available for review by the Director within two business days of notice to the commercial animal operator.

K. A person may develop different practices not contained in subsection (D), (E), (F), or (G) that reduce PM and may submit such practices that are proven effective through on-operation demonstration trials to the Committee.

L. The Director shall not assess a fee to a commercial animal operator for coverage under the agricultural PM general permit.

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

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

O. A commercial animal operator 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 § R18-2-611.03

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.