### TITLE 18. ENVIRONMENTAL QUALITY http://www.azsos.gov/public_services/Title_18/18-02.htm

72 of 348 2/16/2010 6:51 PM precautions, such as wetting, applying dust suppressants, or covering the load, to pr event particulate matter from becoming airbor n Earth or other material that is deposited by trucking or earth moving equipm ent 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 pe rmit crushing, screening, ha ndling, transporting or conveyi ng of materials or other o perations likel y to result in significant amounts of airborne dust without taking reasonable precautions, such as th e use of spray bars, wetting ag e 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 inorgani c dust producing material to be stacked, piled, or otherw ise without taking reasonable precautions such as chemical stabilization, wetting, or covering to prevent excessive amounts of part ic u matter from becoming airborne. B. Stacking and reclaimi ng machinery utilized at storage pile s shall be operated at all times with a minimum fall of material a nd 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 preven t excessive amounts of partic ulate 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, orpermit the performance of agricultural prac tices outside the Phoe nix and Yuma plann ing ar e defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210, including tilling of la nd and application of fertili zers with taking reasonable precautions to prevent excessive amounts of particulate matte r 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 followi ng definitions apply to R18-2-611:
1. "Access restriction" means restricti ng or eliminating public acce ss to noncropland with si gns or physical obstruction. 2. "Aggregate cover" means grav el, concrete, recycled road base, caliche, or other similar material applied to noncropland.
3. "Area A" means the area delin eated according to A.R.S. § 49-541(1).
4. "Artificial wind barrier" mean s a physical barrier to the wind. 5. "Best management practice" means a te chnique 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 fe rtilizer, pesticide, or other agriculturalchemical to cropland through an irrigati on system. 7. "Cessation of Night Tilling" means the discontinuation of night tilli ng on high pollution advisory days during stagnant air conditions. 8. "Combining tractor opera tions" 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 agricu ltural purposes within the boundary of th Maricopa PM 10 nonattainment area and Mari copa County portion of Area A.

10. "Commercial farmer" means an indi vidual, entity, or joint operation in general control of a commercial farm. 11. "Committee" means the Governor's Agricultural Best ManagementPractices Committee. 12. "Cover crop" means plants or a green manure crop gr own for seasonal soil protection or soil improvement. 13. "Critical area planting" means usi ng 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-croppi ng" means planting strips of altern ating crops within the same field. 17. "Cross-wind vegetative stri ps" means herbaceous cover es tablished in one or more strips within the same field. 18. "Equipment modification" m eans modifying agricultural e quipment to prevent or reduce particulate matt er generation cropland. 19. "Forage Crop" means a product grown fo r consumption by an y domestic animal.

### TITLE 18. ENVIRONMENTAL QUALITY http://www.azsos.gov/public_services/Title_18/18-02.htm

73 of 348 2/16/2010 6:51 PM 20. "Genetically Modified" means a livi ng organism whose genetic material has been altere d, changing one or more o characteristics. 21. "GMO: Genetically Modified Organism" means a plant that ha s been altered by a genetic ex change with another organism.
22. "GPS: Global Positi on Satellite System" means using a satellite navigati on system on farm equipmen t to calculate position i n the field. 23. "Green Chop" means the harvesting of a fora ge 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 PM1 0 may exceed the federal health standard. 25. "Integrated Pest Ma nagement" means the use of a co mbination of techniques including organic, convent ional, and biol o 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 th an 25 mph at the commercial farm site. 27. "Manure application" mean s applying animal waste or bi osolids to a soil surface. 28. "Maricopa PM 10 nonattainment area" means the Phoenix pla nning area as defined in 40 CFR 81.303, which is incorporated by reference
R18-2-210. 29. "Mulching" means applying plant re sidue 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 on e 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 eas ement 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 th e land for the raising of crops betwee n the hours of 2:00 a.m. and 8:00 a.m. 33. "Organic Farming Practices" means using biological or non-ch emical agricultural methods. 34. "Permanent cover" means a pe rennial vegetative cover on cropland. 35. "Planting based on soil moisture " means applying water to soil be fore 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 t o exceed 20 mph. 38. "Reduced harvest activity" means reduc ing the number of harvest pa sses using a mechanized method to cut and remove cr o from a field. 39. "Reduced tillage system" mean s reducing the number of tillage operations used to produce a crop. 40. "Regulated agricultural activity" means a commercial farming prac tice that may produce PM 10 within the Maricopa PM 10
nonattainment area and Maricopa County portion of Area A. 41. "Residue management" means managi ng the amount and distribution of crop a nd 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" mean s a meteorological regime where warm air aloft overlies cooler air near the surface and littl e any vertical mixing occurs. 45. "Synthetic particulate suppr essant" means a manufactured product such as li gnosulfate, calcium chlo ride, magnesium chlori d an emulsion of a petroleum product, an enzyme product, and polyacrylamide that is used to control particulate matter. 46. "Tillage and harvest" means any mech anical practice that physica lly 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 coinci d precipitation. 48. "Timing of a tillage operati on" means performing tillage operations at a time that will minimize the soil's susceptibility generate PM 10

. 49. "Track-out control system" me ans a device to remove mud or soil from a vehicl e before the vehicle en ters a paved public roa d. 50. "Transgenic Crops" means the use of plants that are ge netically modified. 51. "Tree, shrub, or windbreak planting" means providing a woody vegetative barrier to the wind. 52. "Watering" means appl ying 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 A rea and Maricopa County Portion of Area A A. A commercial farmer shall comply wi th this Section by December 31, 2007. B. A commercial farmer, who begi ns a regulated agricultural acti vity after December 31, 2000, shal l comply with this Section wi thin 1 8 months of beginning the regulat ed agricultural activity. C. A commercial farmer shall implement at least two best management practices from eachof 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 m o categories. D. A commercial farmer shall ensure that the implementation of all selected best management pr actices does not violate any othe r local, state, or federal law.

### TITLE 18. ENVIRONMENTAL QUALITY http://www.azsos.gov/public_services/Title_18/18-02.htm

74 of 348 2/16/2010 6:51 PM E. A commercial farmer shall implement at least two of the fo llowing best management practic es to reduce PM10 emissions duri n tillage and harvest activities: 1. Chemical irrigation, 2. Combining tractor operations, 3. Equipment modification, 4. Green Chop, 5. Integrated Pe st 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 partic ulate suppressant;
8. Track-out c ontrol system; 9. Tree, shrub, or windbreak planting; or 10. Watering. G. A commercial farmer shall implement at least two of the following best manage ment 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 vege tative strips; 6. Integrated Pe st 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 diffe rent practices not containe d 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 sub m practices. I. A commercial farmer shall maintain a record demonstrating comp liance with this Section. The record shall be provided to th e 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 practi ces selected for tillage and harvest, noncropland, and cropland.
J. The Director shall not assess a fee to a comme rcial farmer for coverageunder the agricultural PM 10 general permit.

K. The Director shall document nonc ompliance with this Section befo re issuing a compliance order. L. A commercial farmer who is not in compli ance 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 restricti ng or eliminating public acce ss to noncropland with si gns or physical obstruction. 2. "Aggregate cover" means grav el, concrete, recycled road base, caliche, or other similar material applied to noncropland.
3. "Artificial wind barrier" mean s a physical barrier to the wind. 4. "Bed row spacing" means increasing or decreasing the sizeof a planting bed area to re duce the number of passes and disturbance by increasing plant density.