A. A commercial farmer shall comply with this Section by
January 1, 2012. Until the end of the transition period on March 31, 2013, a
commercial farmer shall maintain a record demonstrating compliance with this
Section. The record shall be provided to the Director within two business days
of notice to the commercial farmer. The record shall contain:
1.
The name of the commercial farmer;
2.
The mailing address or physical address of the
commercial farm; and
3. The best management practices
selected for tillage and harvest, noncropland, and cropland.
B. A commercial farmer, who begins a regulated agricultural
activity after January 1, 2012, shall comply with this Section within three
months of beginning the regulated agricultural activity.
C
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.
D. A commercial farmer within a Moderate
PM10 Nonattainment Area shall implement at least one
best management practice from each category to reduce
PM10 emissions.
E
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.
F
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.
G
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.
Cross-wind strip-cropping,
5.
Integrated Pest Management,
6
4. Chips/mulches,
7. Mulching,
8
5. Multi-year crop,
9
6. Permanent
cover,
10
7. Stabilization of soil prior to plant emergence,
11. Precision
Farming,
12
8. Residue
management,
13
9. Sequential cropping, or
14
10. Surface
roughening.
H
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.
5.
Conduct Significant Agricultural Earth Moving
Activities as close to possible to planting or otherwise stabilize the soil,
except for emergency maintenance purposes
I. Beginning March 31, 2013, or within 90 days after the start
of a new regulated agricultural activity, whichever is later, the commercial
farmer shall complete and submit a Best Management Practices Program General
Permit Record Form to the Arizona Department of Agriculture. Thereafter, the
commercial farmer shall also complete and submit a Best Management Practices
Program General Permit Record Form to the Arizona Department of Agriculture on
March 31 of each calendar year. The Best Management Practice Program General
Permit Record form shall include the following information:
1.
At least the required number of best management
practices as described in subsection (C) or (D) that the commercial farmer
implemented during the previous calendar year;
2.
At least the required number of best management
practices as described in subsection (C) or (D) that the commercial farmer
intends to implement during the current calendar year;
3.
The name, business address, and phone number of the
commercial farmer responsible for the preparation and implementation of the
best management practices;
4.
The signature of the commercial farmer and the date
the form was signed.
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).
J. Beginning in Calendar Year 2014, and no more than once every
subsequent three calendar years, the Director shall provide the commercial
farmer with a Best Management Practices Program Periodic Survey. The commercial
farmer may complete and submit the survey to the Arizona Department of
Agriculture. The Periodic Survey shall include the following
information:
1.
The type and acreage of each crop type planted
during the calendar year that the survey is conducted,
2.
The total miles of unpaved roads at the commercial
farm, and
3.
The total acreage of the unpaved equipment and
traffic areas at the commercial farm.
K
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.
L
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).
M
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.
N
J.The Director shall not assess a fee to a commercial
farmer for coverage under the agricultural PM10 general
permit.
O
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.
P
L.The Director
shall document noncompliance with this Section before issuing a compliance
order.
Q
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).
