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 subsections (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 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 in subsection (iv), 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 in subsection (vi), 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 two 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 three or more axles, 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 in subsection (vi), 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 two 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 subsections (i) through (vii), and one from subsections (viii) through (x), 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 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. By no later than March 31 of each calendar year, a commercial farmer who engages in a regulated agricultural activity shall complete and submit a Best Management Practices Program General Permit Record Form on the form and in the manner established by the Department in consultation with the Committee. The manner of submission may include a process allowing the commercial farmer to submit the Form to the Arizona Department of Agriculture, in which case the Arizona Department of Agriculture shall forward the completed Form to the Department. The Best Management Practice Program General Permit Record Form shall include only the following information: 1. The name, signature and mailing address of the commercial farmer responsible for compliance at the commercial farms covered by the form; 2. The street addresses or a description of the physical locations of the commercial farms covered by the form; 3. The best management practices selected by the commercial farmer for the year beginning on the due date for the form for tillage, ground operations and harvest, noncropland, commercial farm roads, cropland and significant earth moving activities in order to comply with subsection (B); 4. Identification of the area or crop subject to each best management practice selected; and 5. Certification based on information reasonably available at the time of form submission that the best management practices selected for the year prior to the due date for the form were implemented in accordance with the prior year’s Best Management Practice Program General Permit Record Form, including any changes to the form made according to subsection (D), or identification of any times and locations where the selected best management practices were not implemented. D. 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. E. 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. F. 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 and other records reasonably necessary and appropriate to confirm implementation of each best management practice. Complete and accurate records kept on forms developed by the Department in consultation with the Committee for a particular best management practice shall be deemed to comply with the requirements of this subsection with regard to that best management practice. If implementation of a best management practice can be confirmed through visual inspection, a record for that best management practice is not required. Records maintained under this subsection and subsection (D) shall be made available immediately on request during an inspection or within two business days of receipt of a written request from the Department. G. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM general permit. H. A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law. I. The Director shall document noncompliance with this Section before issuing a compliance order. J. 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). K. If the administrator redesignates the Pinal County PM Nonattainment Area to attainment, the Committee may initiate a rulemaking to adjust the frequency of the reporting requirements under subsection (C) as appropriate.