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precautions, such as wetting, applying dust suppressants, or covering the load, to prevent particulate matter from becoming airborn

Earth or other material that is deposited by trucking or earth moving equipment shall be removed from paved streets by the p

responsible for such deposits.

Historical Note

Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-605 renumbered without change as Section R18-2-605 (Supp. 

87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-605 renumbered to R18-2-805, new Section 

R18-2-605 renumbered from R18-2-405 effective November 15, 1993 (Supp. 93-4).

R18-2-606. Material Handling

No person shall cause, suffer, allow or permit crushing, screening, handling, transporting or conveying of materials or other operations likely

to result in significant amounts of airborne dust without taking reasonable precautions, such as the use of spray bars, wetting age

suppressants, covering the load, and hoods to prevent excessive amounts of particulate matter from becoming airborne.

Historical Note

Section R18-2-606 renumbered from R18-2-406 effective November 15, 1993 (Supp. 93-4).

R18-2-607. Storage Piles

A. No person shall cause, suffer, allow, or permit organic or inorganic dust producing material to be stacked, piled, or otherwise 

without taking reasonable precautions such as chemical stabilization, wetting, or covering to prevent excessive amounts of particu

matter from becoming airborne.

B. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times with a minimum fall of material and

manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particulate matter from becoming airborne.

Historical Note

Section R18-2-607 renumbered from R18-2-407 effective November 15, 1993 (Supp. 93-4).

R18-2-608. Mineral Tailings

No person shall cause, suffer, allow, or permit construction of mineral tailing piles without taking reasonable precautions to prevent

excessive amounts of particulate matter from becoming airborne. Reasonable precautions shall mean wetting, chemical stabilizat

revegetation or such other measures as are approved by the Director.

Historical Note

Section R18-2-608 renumbered from R18-2-408, new Section R18-2-408 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-609. Agricultural Practices

A person shall not cause, suffer, allow, or permit the performance of agricultural practices outside the Phoenix and Yuma planning are

defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210, including tilling of land and application of fertilizers with

taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne.

Historical Note

Section R18-2-609 renumbered from R18-2-409 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 6 

A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 

(Supp. 05-2).

R18-2-610. Definitions for R18-2-611

The definitions in Article 1 of this Chapter and the following definitions apply to R18-2-611:

1. "Access restriction" means restricting or eliminating public access to noncropland with signs or physical obstruction.

2. "Aggregate cover" means gravel, concrete, recycled road base, caliche, or other similar material applied to noncropland.

3. "Area A" means the area delineated according to A.R.S. § 49-541(1).

4. "Artificial wind barrier" means a physical barrier to the wind.

5. "Best management practice" means a technique verified by scientific research, that on a case-by-case basis is practi

economically feasible, and effective in reducing PM 10 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. "Cessation of Night Tilling" means the discontinuation of night tilling on high pollution advisory days during stagnant air conditions.

8. "Combining tractor operations" means performing two or more tillage, cultivation, planting, or harvesting operations with a

single tractor or harvester pass.

9. "Commercial farm" means 10 or more contiguous acres of land used for agricultural purposes within the boundary of th

Maricopa PM 10 nonattainment area and Maricopa County portion of Area A.

10. "Commercial farmer" means an individual, entity, or joint operation in general control of a commercial farm.

11. "Committee" means the Governor's Agricultural Best Management Practices Committee.

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 noncropland.

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 within the same field.

18. "Equipment modification" means modifying agricultural equipment to prevent or reduce particulate matter generation 

cropland.

19. "Forage Crop" means a product grown for consumption by any domestic animal.
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20. "Genetically Modified" means a living organism whose genetic material has been altered, changing one or more o

characteristics.

21. "GMO: Genetically Modified Organism" means a plant that has been altered by a genetic exchange with another organism.

22. "GPS: Global Position Satellite System" means using a satellite navigation system on farm equipment to calculate position in

the field.

23. "Green Chop" means the harvesting of a forage crop without allowing it to dry in the field.

24. "High Pollution Advisory" means a public notification issued by the Department when the ambient concentrations of PM10

may exceed the federal health standard.

25. "Integrated Pest Management" means the use of a combination of techniques including organic, conventional, and biolo

farming practices.

26. "Limited activity during a high-wind event" means performing no tillage or soil preparation activity when the measured w

speed at 6 feet in height is more than 25 mph at the commercial farm site.

27. "Manure application" means applying animal waste or biosolids to a soil surface.

28. "Maricopa PM 10

nonattainment area" means the Phoenix planning area as defined in 40 CFR 81.303, which is incorporated by reference 

R18-2-210.

29. "Mulching" means applying plant residue or other material that is not produced onsite to a soil surface.

30. "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.

31. "Noncropland" means any commercial farm land 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 contract 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.

32. "Night Tilling" means preparing the land for the raising of crops between the hours of 2:00 a.m. and 8:00 a.m.

33. "Organic Farming Practices" means using biological or non-chemical agricultural methods.

34. "Permanent cover" means a perennial vegetative cover on cropland.

35. "Planting based on soil moisture" means applying water to soil before performing planting operations.

36. "Precision Farming" means using GPS to precisely guide farm equipment in the field.

37. "Reduce vehicle speed" means operating farm vehicles or farm equipment on unpaved private farm roads at speeds not to

exceed 20 mph.

38. "Reduced harvest activity" means reducing the number of harvest passes using a mechanized method to cut and remove cro

from a field.

39. "Reduced tillage system" means reducing the number of tillage operations used to produce a crop.

40. "Regulated agricultural activity" means a commercial farming practice that may produce PM 10 within the Maricopa PM 10

nonattainment area and Maricopa County portion of Area A.

41. "Residue management" means managing the amount and distribution of crop and other plant residues on a soil surface.

42. "Sequential cropping" means growing crops in a sequence that minimizes the amount of time bare soil is exposed on a field.

43. "Surface roughening" means manipulating a soil surface to produce or maintain clods.

44. "Stagnant Air Conditions" means a meteorological regime where warm air aloft overlies cooler air near the surface and little

any vertical mixing occurs.

45. "Synthetic particulate suppressant" means a manufactured product such as lignosulfate, calcium chloride, magnesium chlorid

an emulsion of a petroleum product, an enzyme product, and polyacrylamide that is used to control particulate matter.

46. "Tillage and harvest" means any mechanical practice that physically disturbs cropland or crops on a commercial farm.

47. "Tillage based on soil moisture" means applying water to soil before or during tillage, or delaying tillage to coincid

precipitation.

48. "Timing of a tillage operation" means performing tillage operations at a time that will minimize the soil's susceptibility

generate PM 10 .

49. "Track-out control system" means a device to remove mud or soil from a vehicle before the vehicle enters a paved public road.

50. "Transgenic Crops" means the use of plants that are genetically modified.

51. "Tree, shrub, or windbreak planting" means providing a woody vegetative barrier to the wind.

52. "Watering" means applying water to noncropland.

Historical Note

Former Section R18-2-610 renumbered to R18-2-612; new Section R18-2-610 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).

R18-2-611. Agricultural PM 10 General Permit; Maricopa PM10 Nonattainment Area and Maricopa County Portion of Area A

A. A commercial farmer shall comply with this Section by December 31, 2007.

B. A commercial farmer, who begins a regulated agricultural activity after December 31, 2000, shall comply with this Section within 18

months of beginning the regulated agricultural activity.

C. A commercial farmer shall implement at least two best management practices from each of the following categories:

1. Tillage and harvest, subsection (E);

2. Noncropland, subsection (F); and

3. Cropland, subsection (G). A commercial farmer may implement more than one best management practice for one or mo

categories.

D. A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local,

state, or federal law.
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E. A commercial farmer shall implement at least two of the following best management practices to reduce PM10 emissions durin

tillage and harvest activities:

1. Chemical irrigation,

2. Combining tractor operations,

3. Equipment modification,

4. Green Chop,

5. Integrated Pest Management,

6. Limited activity during a high-wind event,

7. Multi-year crop,

8. Cessation of Night Tilling,

9. Planting based on soil moisture,

10. Precision Farming,

11. Reduced harvest activity,

12. Reduced tillage system,

13. Tillage based on soil moisture,

14. Timing of a tillage operation, or

15. Transgenic Crops.

F. A commercial farmer shall implement at least two of the following best management practices to reduce PM 10 emissions from

noncropland:

1. Access restriction;

2. Aggregate cover;

3. Artificial wind barrier;

4. Critical area planting;

5. Manure application;

6. Reduce vehicle speed;

7. Synthetic particulate suppressant;

8. Track-out control system;

9. Tree, shrub, or windbreak planting; or

10. Watering.

G. A commercial farmer shall implement at least two of the following best management practices to reduce PM 10 emissions from cropland:

1. Artificial wind barrier;

2. Cover crop;

3. Cross-wind ridges;

4. Cross-wind strip-cropping;

5. Cross-wind vegetative strips;

6. Integrated Pest Management;

7. Manure application;

8. Mulching;

9. Multi-year crop;

10. Permanent cover;

11. Planting based on soil moisture;

12. Precision Farming;

13. Residue management;

14. Sequential cropping;

15. Surface roughening; or

16. Tree, shrub, or windbreak planting.

H. A person may develop different practices not contained in subsections (E), (F), or (G) that reduce PM 10 . A person may submit practices

that are proven effective through on-farm demonstration trials to the Committee. The Committee may meet to review the subm

practices.

I. 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.

J. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM 10 general permit.

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

L. 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).

Historical Note

New Section 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).

R18-2-612. Definitions for R18-2-613

1. "Access restriction" means restricting or eliminating public access to noncropland with 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 increasing or decreasing the size of a planting bed area to reduce the number of passes and

disturbance by increasing plant density.