R18 - 2 - 410. Visibility Protection

A. For any new major source or major modification subject to the provisions of this Chapter, no permit or permit revision under this Article shall be issued to a person proposing to construct or modify the source unless the applicant has provided: 1. An a nalysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may be affected by the emissions from that source; and 2. Results of monitoring of visibility in any area near the proposed source for such purposes and by such means as the Director determines is necessary and appropriate. B. A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors: 1. The times of visitor use of the area; 2. The frequency and timing of natural conditions in the area that reduce visibility; 3. All of the following visibility impairment characteristics: a. Geographic extent, b. Intensity, c. Duration, d. Frequency, e. Time of day; 4. The correlation between the characteristics listed in subsection (B)(3) and the factors described in subsections (B)(1) and (2). C. The Director shall not issue a permit or permit revision pursuant to this Article or Article 3 of this Chapter for any n ew major source or major modification subject to this Chapter unless the following requirements have been met: 1. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of receipt of any advance notification of any such p ermit or permit revision under this Article. 2. Within 30 days of receipt of an application for a permit or permit revision under this Article for a source whose emissions may affect a Class I area, the Director shall provide written notification of the a pplication to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any such area. The notice shall: a. Include a copy of all information relevant to the permit or permit revision under thi s Article, b. Include an analysis of the anticipated impacts of the proposed source on visibility in any area which may be affected by emissions from the source, and c. Provide for no less than a 30

- day period within which written comments may be submitt ed. 3. The Director shall consider any analysis provided by the Federal Land Manager that is received within the comment period provided in subsection (C)(2). a. Where the Director finds that the analysis provided by the Federal Land Manager does not dem onstrate to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall, within the public notice required under R18

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- 330, either explain the decision or specify where the explanation can be obtained. b. When the Director finds that the analysis provided by the Federal Land Manager demonstrates to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall not issue a permit or permit revision under this Article

for the proposed major new source or major modification.4. When the proposed permit decision is made, pursuant to R18

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- 304(J), and available for

public review, the Director shall provide the individuals identified in subsection ( C)(2) with a copy of the proposed permit decision and shall make available to them any materials used in making that determination. Historical Note Adopted effective May 14, 1979 (Supp. 79 - 1). Former Section R9 - 3 - 410 renumbered without change as Section R18 - 2 - 410 (Supp. 87 - 3). Section R18 - 2 - 410 renumbered to R18 - 2 - 610, new Section R18 - 2 - 410 adopted effective November 15, 1993 (Supp. 93 - 4). Historical Note Former Section R18

- 2

- 610 renumbered to R18

- 2

- 612; new Section R18

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- 610 adopted by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00

- 2). Amended by exempt rulemaking at 13 A.A.R. 4326, effective November 14, 2007 (Supp. 07

- 4). Amended by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11

- 4). Subsection (A) corrected at the request of the Department, Office Fil e No. M12

-

133, filed April 5, 2012 (Supp. 11

- 4).

R18 - 2 - 612. Definitions for R18 - 2 - 613 1. “Access restriction” means restricting or eliminating public access to noncropland w ith signs or physical obstruction. 2. “Aggregate cover” means gravel, concrete, recycled road base, caliche, or other similar material applied to noncropland. 3. “Artificial wind barrier” means a physical barrier to the wind. 4. “Bed row spacing” means inc reasing or decreasing the size of a planting bed area to reduce the number of passes and soil disturbance by increasing plant density. 5. “Best management practice” means a technique verified by scientific research, that on a case - by

- case basis is practica l, economically feasible, and effective in reducing PM10 emissions from a regulated agricultural activity. 6. “Chemical irrigation” means applying a fertilizer, pesticide, or other agricultural chemical to cropland through an irrigation system. 7. “Combini ng tractor operations” means performing two or more tillage, cultivation, planting, or harvesting operations with a single tractor or harvester pass. 8. “Commercial farm” means 10 or more contiguous acres of land used for agricultural purposes within the b oundary of the Yuma PM10 nonattainment area. 9. “Commercial farmer” means an individual, entity, or joint operation in general control of a commercial farm. 10. “Conservation irrigation” means the use of drips, sprinklers, or underground lines to conserve water, and to reduce the weed population, the need for tillage, and soil compaction. 11. “Conservation tillage” means types of tillage that reduce the number of passes and the amount of soil disturbance. 12. “Cover crop” means plants or a green manure crop grown for seasonal soil protection or soil improvement.13. “Critical area planting” means using trees, shrubs, vines, grasses, or other vegetative cover

on non cropland. 14. “Cropland” means land on a commercial farm that: a. Is within the time

- frame of final harvest to plant emergence; b. Has been tilled in a prior year and is suitable for crop production, but is currently fallow; or c. Is a turn

- row. 15. “Cross

- wind ridges” means soil ridges formed by a tillage operation. 16. “Cross

- wind strip

- cropping” means planting strips of alternating crops within the same field. 17. “Cross

- wind vegetative strips” means herbaceous cover established in one or more strips wit hin the same field. 18. “Equipment modification” means modifying agricultural equipment to prevent or reduce particulate matter generation from cropland. 19. “Limited activity during a high

- wind event” means performing no tillage or soil preparation activi ty when the measured wind speed at six feet in height is more than 25 mph at the commercial farm site. 20. “Manure application” means applying animal waste or biosolids to a soil surface. 21. “Mulching” means applying plant residue or other material that i s not produced onsite to a soil surface. 22. “Multi

- year crop” means a crop, pasture, or orchard that is grown, or will be grown, on a continuous basis for more than one year. 23. “Night farming” means performing regulated agricultural activities at night when moisture levels are higher and winds are lighter. 24. “Noncropland” means any commercial farmland that: a. Is no longer used for agricultural production; b. Is no longer suitable for production of crops; c. Is subject to a restrictive easement or cont ract that prohibits use for the production of crops; or d. Includes a private farm road, ditch, ditch bank, equipment yard, storage yard, or well head. 25. “Permanent cover” means a perennial vegetative cover on cropland. 26. “Planting based on soil moistu re” means applying water to soil before performing planting operations. 27. “Precision farming” means use of satellite navigation to calculate position in the field, to reduce overlap during field operations, and allow operations to occur during nighttime and inclement weather, thus generating less PM10. 28. “Reduce vehicle speed” means operating farm vehicles or farm equipment on unpaved farm roads at speeds not to exceed 20 mph. 29. “Reduced harvest activity” means reducing the number of harvest passes us ing a mechanized method to cut and remove crops from a field. 30. “Regulated agricultural activity” means a commercial farming practice that may produce PM10 within the Yuma PM10 nonattainment area. 31. “Residue management” means managing the amount and distribution of crop and other plant residues on a soil surface.32. “Sequential cropping” means growing crops in a sequence that minimizes the amount of

time bare soil is exposed on a field. 33. “Surface roughening” means manipulating a soil surface to produce or maintain clods. 34. “Synthetic particulate suppressant” means a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, and polyacrylamide, an emulsion of a petroleum prod uct, and an enzyme product that is used to control particulate matter. 35. “Tillage and harvest” means any mechanical practice that physically disturbs cropland or crops on a commercial farm. 36. “Tillage based on soil moisture” means applying water to soi l before or during tillage, or delaying tillage to coincide with precipitation. 37. “Timing of a tillage operation” means performing tillage operations at a time that will minimize the soil’s susceptibility to generate PM10. 38. “Transgenic crops” means th e use of genetically modified crops such as “herbicide ready” crops, which reduces the need for tillage or cultivation operations, and reduces soil disturbance. 39. “Track

- out control system” means a device to remove mud or soil from a vehicle before the v ehicle enters a paved public road. 40. “Tree, shrub, or windbreak planting” means providing a woody vegetative barrier to the wind. 41. “Watering” means applying water to noncropland. 42. “Yuma PM10 nonattainment area” means the Yuma PM10 planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18

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- 210. Historical Note New Section R18

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- 612 renumbered from R18

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- 610 at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00

- 2). Former Section R18

- 2

- 612 renumbered to R18

- 2

- 614; new Section R18

- 2

- 612 made by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05

- 2).