




                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION
                                       
                                       
                                       
                                       
                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                    for the
                       Arizona State Implementation Plan
                                       
           Agricultural Best Management Practices Definitions Rules
                    Agricultural PM10 General Permits Rules
                    Appendix 2. Test Methods and Protocols
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                               December 19, 2016





RULE IDENTIFICATION 
Agency
Arizona Department of Environmental Quality (ADEQ)

SIP-Approved Rules
Arizona Administrative Code (AAC) R18-2-610, "Definitions for R18-2-611"; and
AAC R18-2-611, "Agricultural PM10 General Permit: Maricopa PM10 Nonattainment Area"
Effective: May 12, 2000.
Submitted: July 11, 2000.
EPA Approved: October 11, 2001 (66 FR 51869).

Appendix 2, Test Methods and Protocols
Effective: October 3, 2005.
Submitted: July 28, 2011.
EPA Approved: September 23, 2014 (79 FR 56655).
Subject of this TSD
AAC R18-2-610, "Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03"; 
AAC R18-2-610.3, "Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment Area"; 
AAC R18-2-612, "Definitions for R18-2-612.01"; 
AAC R18-2-612.01, "Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009"; and
AAC Appendix 2, "Test Methods and Protocols."

Effective: July 2, 2015 
Submitted: December 21, 2015
Completeness Finding
Determination of completeness letter: March 21, 2016


BACKGROUND 

The current SIP-approved versions of AAC 18-2-610, "Definitions for R18-2-611" and AAC R18-2-611, "Agricultural PM10 General Permit: Maricopa PM10 Nonattainment Area," established definitions of Agricultural Best Management Practices (AgBMPs) and an agricultural general permit rule for the Maricopa PM10 Nonattainment Area. ADEQ's December 21, 2015 submittal includes new rule AAC R18-2-610, "Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03." This new rule does not supersede AAC 18-2-610 "Definitions for R18-2-611," which remains in the SIP. If the new rule is approved, there will be two rules in the SIP with the same number but different titles. 

The Arizona AgBMP program includes an AgBMP Committee, as established in Arizona Revised Statute (ARS) 49-457, and agricultural general permit (general permit) rules adopted by the AgBMP Committee, specifying best management practices for regulated agricultural activities to reduce PM10 emissions. 

The rules adopted by the AgBMP Committee to date apply to three categories of agricultural operations: Commercial Farms (Crops), Animal Operations, and Irrigation Districts. In each category, the Committee has adopted a "definitions" rule and "general permit" rules. 

ADEQ submitted to the EPA for SIP approval only the AgBMP general permit rules for the West Pinal nonattainment area and the definitions rules that apply these general permit rules. The submitted definitions rules also apply to general permit rules that were not submitted by ADEQ, including those for the "Maricopa County PM Nonattainment Areas," "Moderate PM Nonattainment Areas designated after June 1, 2009, except Pinal County PM Nonattainment Area," and the "Yuma PM10 Nonattainment Area." 

Collectively, we refer to the submitted rules evaluated in this TSD as "AgBMP" rules.

The previous SIP-approved version of "Appendix 2. Test Methods and Protocols" included test methods and protocols approved by the ADEQ and incorporated by reference as applicable requirements. The submitted revision to Appendix 2 adds test methods. 

On May 6, 2010, ADEQ submitted amended rules AAC R18-2-610. "Definitions for R18-2-611" and AAC R18-2-611. "Agricultural PM10 General Permit; Maricopa PM10 Nonattainment Area and Maricopa County Portion of Area A." On September 9, 2010, EPA proposed a simultaneous limited approval and limited disapproval of these rules because they strengthened the SIP but they did not fully meet the CAA requirements for enforceable Best Available Control Measures (BACM) in the Maricopa NAA. ADEQ withdrew the amended rules on April 26, 2014.

In this TSD, we discuss a subset of the rules that ADEQ submitted to EPA on December 21, 2015. They are as follows: AAC R18-2-610. "Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03"; AAC R18-2-610.3, "Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment Area"; AAC R18-2-612, "Definitions for R18-2-612.01"; 
AAC R18-2-612.01, "Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009"; and AAC Appendix 2, "Test Methods and Protocols."

RULE SUMMARY

R18-2-610, Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03  -  ADEQ submitted this new rule to EPA for SIP approval. New rule R18-2-610 provides definitions for general permit rules R18-2-610.01, R18-2-610.02, and R18-2-610.03. Of those general permit rules, the ADEQ has, in this submittal, included only R18-2-610.03, "Agricultural PM General Permit for Crop Operations: Pinal County PM Nonattainment Area" for SIP approval. 

New rule R18-2-610 contains 65 definitions, including 29 AgBMP definitions. AgBMP definitions in new rule R18-2-610 include specific standards or testing requirements that the commercial farmer (farmer) must meet when implementing an AgBMP selected for compliance with the general permit rule. For example, the AgBMP definition of "conservation tillage" is "a tillage system that reduces a minimum of three tillage operations. This system reduces soil and water loss by planting into existing plant stubble on the fields after harvest as well as managing the stubble to that it remains intact during the planting season." See R18-2-610(13). "Cover crop" is defined as "establishing cover crops that maintain a minimum of 60 percent ground cover...Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 503.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions)." See R18-2-610(14). The rule defines "tillage operation" as "an agricultural operation that mechanically manipulates the soil for the enhancement of crop production. Examples include discing or bedding. A pass through the field may be a subset of a tillage operation." See R18-2-610(58).

R18-2-610.03, Agricultural PM General Permit for Crop Operations: Pinal County PM Nonattainment area  -  This new rule requires a commercial farmer ("farmer") to complete a BMP Program General Permit Record Form (BMP Form), demonstrating compliance with the rule and specifying the BMPs selected for tillage, ground operations and harvest, cropland, noncropland, commercial farm roads, and significant earth moving activities, and any BMPs selected for "high risk" days, as predicted by the Pinal County Dust Control Forecast (section C). The rule creates six categories of BMPs: B.1. Tillage; B.2. Ground Operations and Harvest; B.3. Noncropland; B.4. Commercial Farm Roads; B.5. Cropland; and, B.6. Significant Agricultural Earth Moving Activities. Each category contains six to twelve BMP options.

This rule requires a farmer who engages in a regulated agricultural activity (as defined in R18-2-610(45)) to implement at least one BMP from each of the Tillage, Ground Operations and Harvest, Noncropland, Commercial Farm Roads, and Significant Agricultural Earth Moving Activities categories. The farmer must implement two BMPs in the Cropland category. See section B. 

As required by Section A of Rule R18-2-610.03, farmers must ensure implementation of BMPs as described in sections B.1(b), B.2(b), B.3(b), B.4(b) and B.5 (b) on the day before and during the day that is forecast to be high risk for dust generation (see R18-2-610(18)).

Described in sections C, D, E, F, G, and K, the administrative requirements of R18-2-610.03 include the following:

 From and after December 31, 2015, a farmer who engages in a regulated agricultural activity must complete a BMP Form. Thereafter, the farmer must complete a new BMP Form every year by March 31. The BMP Form must be provided to the Director within two business days of notice to the farmer. The BMP Form must include the name of the farmer, signature and date signed; the mailing or physical address of the farm; the BMPs selected for tillage, ground operations and harvest, cropland, noncropland, commercial farm roads, and significant earth moving activities. It must also include any additional BMPs selected for high risk days, as predicted by the Pinal County Dust Control Forecast. See section C.

 Beginning in 2017, and no more than once every subsequent three years, the ADEQ must provide the farmer with a BMP Program 3-year Survey. The farmer must complete the Survey with data from the prior year, and submit it to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The ADA will compile the data in a way that does not refer to the operator's name, and send the aggregated data to the Department.   On the survey, the farmer must provide the name, business address, and phone number of the person responsible for the preparation and implementation of the BMPs, the signature of the farmer and date the form was signed, the acreage of each crop type planted or growing; the total miles of farm roads; the total acreage of noncropland; and the BMPs (for all days and for high risk days) selected for the farm. See section D.

 The farmer is required to record changes to the BMPs on the BMP Form and to keep the form onsite and available to the Director within two business days of notice. See section E.

 New BMPs can be developed and submitted to the Committee if they are proven effective through on-farm demonstration trials to the Committee. They will not become effective unless submitted to EPA for SIP approval, per ARS 49-457(L). See section F.

 The farmer must keep a record demonstrating compliance with the rule for three years, including a copy of the complete BMP Form to confirm implementation of each BMP. See section G.

 A farmer who is not in compliance with the rule is subject to provisions in ARS 49-457(I), (J) and (K). See section K. 

R18-2-612 Definitions for R18-2-612.01 -  ADEQ submitted this new rule for SIP-approval that provides 33 definitions for new rule R18-2-612.01. 

R18-2-612.01 Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009  -  ADEQ submitted this new rule for SIP approval. It requires an irrigation district within a PM nonattainment area to implement at least one BMP from each specified category to reduce PM emissions. The rule divides BMPs into three categories: 1. "Unpaved operation and maintenance roads" (13 BMP options), 2. "Canals" (five BMP options) and 3. "Unpaved utility access roads" (13 BMP options). Some of the BMPs are similar to those listed for unpaved roads and unpaved access areas in Rule 18-2-610, such as "Access restriction," "Apply and maintain aggregate cover," "Install and maintain a track-out control system," and "Apply and maintain synthetic particulate suppressant." However, BMPs specific to the irrigation district have been added, including "Apply and maintain water before, during and after major and minor earth moving activities," "dredge canals while muck or debris is still wet," and "weed management." For irrigation districts, the "Reduce vehicle speed" BMP sets a maximum speed of 25 mph, whereas, the "Reduce vehicle speed" BMP for farming operations is 15 mph. 

The administrative provisions of Rule R18-2-612.01 require the following actions:

 From and after December 31, 2015, an irrigation district engaged in a regulated agricultural activity must complete a BMP Form. After that, the operator must complete a new BMP Form by March 31 every year. The BMP Form must be provided to the Director within two business days of notice to the irrigation district. The BMP Form must include the name, business address of the irrigation district representative responsible for the preparation and implementation of the BMPs; the signature of this representative and the date the form was signed; and the BMPs selected for unpaved operation and utility roads, canals, and unpaved utility access roads. See section B.

 Beginning in 2017, and no more than once every subsequent three years, the Director, in conjunction with the ADA, must provide the irrigation district with a BMP Program 3-year Survey. The irrigation district must complete the survey with data from the prior year and submit it to the ADA by January 31, 2018, and every three years thereafter. The ADA must compile the submitted survey data and submit it to the Department. In the survey, the operator must provide the name, business address, and phone number of the irrigation district representative responsible for the preparation and implementation of the BMPs, the signature of the irrigation district representative and date the form was signed, the total miles of canals that the irrigation district controls; the total miles of unpaved operation and maintenance roads; the total miles of the unpaved utility access roads; and the BMPs selected for unpaved operation and utility roads, canals, and unpaved utility access roads. 

 Records of changes to the selected BMPs must be written on the BMP Form, kept onsite by the irrigation district representative, and must be kept on site and made available for review by the Director within two business days of notice. The irrigation must keep records demonstrating compliance with the rule for three years. Records include a copy of the BMP Form to confirm implementation of each BMP. See sections D and F.

 An irrigation district may develop different practices not included in subsections (A)(1), (A)(2), or (A)(3) and may submit practices that are proven effective through in-district trials. They will not become effective unless submitted to EPA for SIP approval (per ARS 49-457(L)). See section E.

 An irrigation district that is not in compliance with the rule is subject to provisions in ARS 49-457(I), (J), and (K). See section J. 

These administrative provisions are analogous to those found in Rule R18-2-610.03.

Appendix 2. Test Methods and Protocols ("Appendix 2")  -  ADEQ submitted for SIP-approval a revision of SIP-approved Appendix 2 to relabel section numbers (1 through 11) to letters (A through K) and to add sections L and M. As confirmed by ADEQ, Section L's reference to 40 CFR 51.128 is a typographical error; the intended reference is to 40 CFR 52.128. The Silt Content Test Method, as described in new section M, is used to estimate the silt content of trafficked parts of commercial farm roads. Vehicle traffic on roads with higher silt content release greater levels of fine dust particles.

EVALUATION CRITERIA 

The following criteria were used to evaluate the submitted rules. 

1.	Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability in control measures and other SIP limitations. 

2.	Stringency  -  Nonattainment areas are required to demonstrate reasonably available control measures (RACM). CAA Section 172(c)(1) requires that each attainment plan "provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology), and shall provide for the attainment of the national primary ambient air quality standards." RACM findings are generally made in context of an overall attainment demonstration. Our stringency evaluation includes primarily a comparison of these AgBMP provisions with existing Arizona SIP provisions and other state's rules that apply to similar sources. 
 
3.	SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION 

A summary of our evaluation of the three criteria follows.

1. 	Enforceability Evaluation - To help ensure enforceability, the rule requirements and applicability are clear, and the recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with AgBMP rules consistently and with replicable result. 

The definition rules R18-2-610 and R18-2-612 contain BMP and related definitions that are clear and specific for the implementation of the source-specific General Permit Rules R18-2-610.03 and R18-2-612.01, respectively.

Examples in R18-2-610 include:
 "Combining tractor operations" means reducing soil compaction and a minimum of one tillage or ground operation across a commercial farm using a tractor, implement, harvester, or other farming support vehicle to perform two or more tillage, cultivation, planting, or harvesting operations at the same time. If "Equipment modification" is also chosen as a BMP, and uses the same practices as described in this BMP, this action is considered one BMP. 
 "Cover Crop" means establishing cover crops that maintain a minimum of 60 percent ground cover...Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 502.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions).
 "Conservation Tillage" means a tillage system that reduces a minimum of three tillage operations. This system reduces soil and water loss by planting into existing plant stubble on the field after harvest as well as managing stubble so that it remains intake during the planting season.
 "Fallow Field" means an area of land that is routinely cultivated, planted and harvested and is unplanted for one or more growing seasons or planting cycles, but is intended to be placed back in agricultural production. 
 "Harvest" means the time after planting up through harvest, including gathering mature crops from a commercial farm, as well as all actions taken immediately after crop removal, such as cooling, sorting, cleaning, and packing."
 "Limited tillage activity means performing no tillage operations on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation."

Examples in R18-2-612 include: 
 "Apply and maintain synthetic or natural particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface with organic material, such as muck, animal waste or biosolids, or with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, and emulsion of a petroleum product, an enzyme product, or polyacrylamide.
 "Dredge canals" means reducing PM emissions by mechanically removing much, debris, and other foreign objects from canals while material is still wet or damp. 
 "Minor earth moving activities" means the mechanical movement of earth materials to repair and maintain the existing configuration, location, bank slopes, or inclines of canals. 

Rules R18-2-610.03 and R18-2-612.01 contain administrative requirements for farmers, operators, and irrigation districts. These requirements are clear, specific and include compliance dates, are similar for all operators, and include the annual obligation to complete a BMP Form demonstrating compliance with the rules, and the requirement to make the form available to the State within two days of notice. Every three years, starting in 2017, farmers, operators, and irrigation districts are required to complete and submit to the State a survey that includes the BMPs implemented the prior year, the acreage and/or mileage to which BMPs were applied, and the name, address, phone number and signature of the farmer, operator or responsible party. Records demonstrating compliance with the rules must be kept for three years. 

Appendix 2. Test Methods and Protocols section L adds the surface stabilization test method "Silt Content" from Appendix A(1)(B) of 40 CFR 52.128. Section M, "Silt Content Test Method," has the same requirements as the SIP-approved Silt Content Test Method for Maricopa County (See Maricopa County Air Pollution Control Regulations, Appendix C, Fugitive Dust Test Methods (section 2.1.2), amended March 26, 2008, approved by EPA on December 15, 2010 (72 FR 46564). 

2. 	Stringency Evaluation  -  We are evaluating whether the AgBMP rules apply requirements consistent with other state's rules. 

Since 2001, other air quality districts have adopted rules for agricultural (crop) and unpaved irrigation road sources of PM. For example, EPA has approved the following rules into the SIP: 
 San Joaquin Valley Air Pollution Control District (SJVUAPCD or SJV) Rule 4550, Conservation Management Practices (CMPs), and List of Conservation Management Practices, 71 FR 7683, February 14, 2006. 
 Imperial County APCD (ICAPCD) Rule 806 Conservation Management Practices (CMPs), 78 FR 23677, April 22, 2013. ICAPCD Rule 800, General Requirements for Control of Fine Particulate Matter, and Rule 805, Paved and Unpaved Roads 78 FR 23677, April 22, 2013.
 SJV Rule 8061 Paved and Unpaved Roads, Rule 8081 Agricultural Sources, and Rule 8011 General Requirements, 71 FR 8461, February 17, 2006.
 South Coast Air Quality Management (SCAQMD) Rule 403 Fugitive Dust, 73 FR 12639, March 10, 2008.
SJV Rules 4550, 8011, 8061 and 8081; ICAPCD Rules 800, 805, and 806 and SCAQMD Rule 403 were previously approved as satisfying the BACM requirements for the control of PM10. 

      R18-2-610 (Crop Definitions) and R18-2-610.3 (Pinal Crops):

The Pinal Crops rule, SJV Rule 4550 and ICAPCD Rule 806 are menu-based rules. As such, they allow the farmer the flexibility to choose among a number of control measure options for each BMP (or CMP) category. Table 1 provides a general comparison of these rules. The Pinal Crops rule regulates farms with 10 or more contiguous acres, while Imperial Rule 806 and SJV Rule 4550 apply to farms of 40 and 100 or more acres, respectively. The Arizona AgBMP rules generally regulate the same activities (tillage, harvest/ground operations, unpaved farm roads and noncropland (includes equipment areas)) on commercial farms as the SJV and Imperial CMP rules. The submitted Pinal Crops rule and the Imperial Rule 806 include mandatory windblown dust controls and offer an incentive to use conservation tillage. The submitted Crop Definitions rule and Imperial Rule 806 include detailed BMP (or CMP) definitions for BMP (or CMP) implementation, whereas SJV Rule 4550 requires farmers to submit a CMP plan with CMP implementation details. The Arizona AgBMP rules require farmers to complete and submit a survey of BMP practices to the Arizona Department of Agriculture every three years. The SJVUAPCD rule requires each farmer to submit a CMP Plan to the APCD.

Table 1: Crop Operations 
AAC R18-2-610 and 610.03
Imperial Rule 806 
SJV Rule 4550 
Applicability  -  farm size
10+ acres [610 (9)]
40+ acres [D.1]
100+ acres [2.0 and 4.1.1]
Control measures
Implement at least one BMP per category, and two from section B(5)(a). [610.03 (A) and (B)]. BMPs defined in 610.
Implement at least one CMP per category [D.1]
Implement at least one CMP per category [5.0 and 6.2], CMP List
Crop BMP categories
Tillage, Ground operations and harvest; Cropland [610.03 (B) (1), (2), (5)]
Land preparation-cultivation; Harvest activities; Cropland-other; Windblown dust control
Cropland- Land preparation/cultivation; Cropland-harvest; Cropland-other [CMP List]
Noncropland, Unpaved road/area, significant earth moving BMP categories
Noncropland, Commercial Farm Roads (with additional requirement for > 20 VDT 2+axle vehicles);
Significant Agricultural Earth moving Activities [610.03 (B)(3), (4), (6)]
Unpaved roads, Unpaved Traffic Areas.
Stabilization and opacity requirements for >50 VDT or > 20 VDT (3 axel).[D.3, E.3]
Cropland-Unpaved roads; Cropland- Unpaved vehicle/equipment traffic areas. [CMP List]

Mandatory Windblown Dust Controls
Yes [610.03 (A) and (B)]
Yes. [D and E]
No
Conservation Tillage incentive
Yes [610.03 (B)]
Yes. [section D.1]
No
Recordkeeping
BMP recordkeeping form (name, address, signature, BMPs selected for each category, any additional BMPs selected for high risk days)) and records of changes to BMPs. Make available to APCD upon request within 2 days. [610.03 (C) and (E)]
CMP Plan including total acreage, total miles unpaved roads, total area of traffic areas covered by CMP Plan. Description of CMPs implemented consistent with definitions. Supporting documentation necessary to confirm implementation of CMPs. Technical evaluation for alternative CMPs and documentation of APCD approval. Available to APCD upon request. [F and H] 

Upon request, make available to APCO a copy of each CMP Application and CMP Plan, supporting information necessary to confirm implementation of CMPs, and documented qualified exemption claim. [6.5]
Record retention
3 years [610.03 (G)]
2 years [H]
5 years [6.5]
Reporting
Beginning 2017 and no more than once every subsequent 3 years, submit survey form with specific information on BMPs used (e.g., acres and miles, BMPs selected) to Arizona Department of Agriculture (ADA) [610.03 (D)]
None
Submit to APCO for review, evaluation, and approval: CMP Application and CMP Plan, including map (location of each ag parcel, of unpaved roads and equipment areas covered by CMP Plan, where CMP will be implemented); For each parcel - CMPs selected, crop, AFO or other agricultural use of parcel. Information needed to calculate emission reductions (e.g., crop acreage, # animals, miles of roads, area of equipment/traffic areas covered by Plan.) [6.1]

Alternative measures
A person may develop different practices to control PM emissions not contained in sections 610.03 (B)(1)  -  (B)(6) and may submit such practices that are proven effective through on-farm demonstration trials to the AgBMP Committee. Proposed new practices will not become effective unless submitted to EPA for SIP approval. [610.03(F)]
Owner/operator must submit technical evaluation of alternative CMPs to APCD, demonstrate emission reductions at least equivalent to other CMPs for that operation. APCD must approve alternative CMP before it can be included in Plan. [D.6]
An owner/operator may select a substitute CMP from another CMP category when no feasible CMP can be identified from one category. Not applicable for unpaved road and unpaved vehicle/equipment traffic area CMP categories. Must obtain interim approval of APCO before using. The owner/operator must demonstrate new CMP achieves PM10 emission reductions at least equivalent to other CMPs on list that could be selected for the applicable operation. [6.2.3]


      R18-2-612 and 18-2-612.01, Irrigation District rules:

Rules R18-2-612 and 18-2-612.01 are specific to unpaved roads, unpaved utility access roads, and canals within irrigation districts. ICAPCD Rule 805 applies to canals and canal roads. We were not able to find a direct comparison in the SJVUAPCD rules; however, we believe that SJV Rule 8061 would apply to unpaved irrigation/canal roads and areas.

 
Table 3  -  Irrigation Districts 
AAC R18-2 612 and 612.01
Imperial Rule 805
SJV Rule 8061/8011 
Applicability 
Irrigation District (ID) within a PM Nonattainment Area, designated after June 1, 2009. [612.01 (A)]
Any new or existing public of private paved or unpaved road, road construction project, or road modification project.
Any unpaved road segment with 26 or more annual average daily traffic. [2.0 and 4.0]

Control Requirements
Implement at least one BMP per category.
[612.01 (A)]. BMPs defined in 612.
For canal roads with 20+ Average Vehicle Trips /day, implement at least one control measure in F.1 Unpaved Roads, including unpaved haul and access roads; comply with requirements of "Stabilized Unpaved Road" [Rule 800 C.38] and limit visible dust emissions (VDE) to 20% opacity (per 800 Appendix B, section C), and implement other measures in F.2 Canal Roads.[E.4] 
Limit VDE to 20% opacity and comply with the requirements of a stabilized unpaved road by application/maintenance of at least one specified control measure, or implement an APCO-approved Fugitive PM10 Management Plan as specified in Rule 8011. [5.2.1]. Limit vehicle speeds to 25 mph. [5.2.5]

BMP categories
Unpaved operation and maintenance roads; Canals; Unpaved utility access roads. [612.01 (A)]
Unpaved roads (includes Haul and Access Roads); Canal Roads.
N/A
Recordkeeping
BMP recordkeeping form (name, business address of ID representative responsible for BMPs, signature, date form signed, BMPs selected for each category, any changes to the BMPs. Make available to irrigation district upon request within 2 days. [612.01 (B) and (D)]
Compile and maintain records that provide evidence of control measure application. Provide to APCD upon request. [G]
Control measure(s) used, location, extent of coverage, date, etc. Recordkeeping requirements for Rule 8011 apply [6.2]

Record retention
Minimum 3 years [612.01 (F)]
Minimum 2 years [G]
Recordkeeping requirements for Rule 8011 apply [6.2]
Reporting
Beginning 2017 and no more than once every subsequent 3 years, submit survey form with specific information on BMPs used (e.g., total miles or canals, unpaved areas, BMPs selected) to ADA [612.01 (C)]
None
Prepare and submit a written report to the District documenting
compliance with the rule
no less frequently than every 2 years. Include total miles of roads, and summary of action. [6.2] 


Alternative measures
An ID may develop different practices not contained in 612.01 (A)(1), (A)(2), or (A)(3) that reduce PM and may submit such practices proven effective through in-district trials. Proposed new practices will not become effective unless submitted to EPA for SIP approval. [612.01 (E)]
Any other method that effectively limits VDE to 20% opacity and meets the conditions of a Stabilized Unpaved Road. [F.1.g] 
Any other method that can be demonstrated to satisfaction of APCD that effectively limits VDE to 20% opacity and meets the conditions of a stabilized unpaved road. [5.2.1.6]

Summary of stringency evaluation: A comparison of the AgBMP rules with the SJVUAPCD and Imperial CMP rules shows that the AgBMP rules are more stringent in some aspects. For example, Rule R18-2-610.03 has a lower applicability threshold than the other areas (at least 10 acres compared to 40 or 100 acres for the CMP rules). Rule 18-2-610.03, unlike SJV Rule 4550, provides an incentive to implement conservation tillage, which has been shown to be highly effective at controlling PM10, and has mandatory windblown dust requirements. Rule 18-2-610.03, unlike the other rules, includes implementation of at least one BMP for significant earth moving activities (Section B.6). In other respects, the AgBMP rules are less stringent. For example, SJV Rule 4550 requires operators to submit, for district approval, a CMP plan with details of CMP implementation, while the AgBMP rules require farmers to respond to a survey every three years. The AgBMP rules do not require, as do the Imperial and SJV rules, a 20% opacity limit and stabilization tests for high traffic roads and areas. We note that EPA has approved SJV Rule 4550 and Imperial Rule 806 as satisfying BACM/BACT. 

In addition to those listed in the tables above, there are other district rules that apply to agricultural sources. They include SCAQMD rules such as Rule 403 Fugitive Dust. SCAQMD Rule 403 exempts crop operations as long as they follow the control measures in the Agricultural Handbook for the area. These handbooks contain similar types of controls as the AgBMP rules, but are more stringent in some aspects and less in other aspects. SJV Rule 8081, applies to off-field agricultural sources, and includes stabilization and 20% opacity requirements, which appears to be more stringent than the AgBMP rules. We note that EPA has approved SCAQMD Rules 403, and SJV Rule 8081 as satisfying BACM/BACT.

3.	SIP Relaxation evaluation: The submitted AgBMP rules and rule revisions are more stringent than the State's previously adopted SIP-approved versions of these rules (October 11, 2001, 66 FR 51872) because the new rules and revisions have set standards for compliance with commercial farming BMPs (e.g., reducing at least one tilling operation or ground operation, establishing a minimum percentage or depth of ground cover), there are added regulations irrigation districts, and the rules apply to a larger geographic area. We propose to determine that our approval of the submitted rules and rule revisions that are the subject of this TSD would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission standards in the submitted rules are more stringent than the existing SIP-approved control requirements that they would replace.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The following revisions are not currently the basis for rule disapproval, but are recommended for the next time the rule is amended. 

 We recommend adding stabilization and 20% opacity requirements for high traffic unpaved roads/feed lanes and equipment/traffic areas, and adopting appropriate stabilization and opacity test methods.
 R18-2-610.03(C) and R18-2-612.01(B): These sections state that the BMP Forms must be provided to the Director within two business days of notice. We recommend that the rule include a provision that states that the BMP Forms must be provided to an inspector upon request. 
 R18-2-610(19): The Crop BMP definitions specify an associated reduction in activity (e.g., reduce one tillage operation), but this language is lacking in the Equipment Modification BMP. Please consider specifying in the Equipment Modification BMP definition the minimum amount of tillage or ground/harvest operations reduced. In addition, we recommend that the farmer be required to describe on the BMP Form and Survey the type of equipment and how it was modified to reduce PM10 emissions. 
 R18-2-610(54); and R18-2-612(27): We recommend that the rules define the term "stabilized soil surface."
 R18-2-610.03; R18-2-612.01; We recommend that the rules require that records be maintained for five years instead of three.
 R18-2-610, R18-2-612: We recommend that the rules define the term "Director" and "Department."
 R18-2-610(45): Please correct the cross-reference to ARS 49-457.
 The title of R18-2-610.03 is inconsistent on pages GVI-8 and GVI-16. Page GVI-8 uses the title, "Agricultural PM General Permit for Commercial Farms; Pinal County PM Nonattainment Area;" the title on page GVI-16 is "Agricultural PM General Permit for Crop Operations: Pinal County PM Nonattainment Area." Please revise for consistency.
 The title of R18-2-612.01 is inconsistent on pages GVI-8 and GVI-37. Please revise for consistency. 


EPA ACTION 

The following submitted rules are enforceable, strengthen the SIP by adding new control measures or revising and improving existing requirements, and fulfil the relevant CAA section 110 requirements for nonattainment areas: 
AAC R18-2-610 Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03; 
AAC R18-2-610.3 Agricultural PM General Permit for Crop Operations: Pinal County PM Nonattainment Area; 
ACC R18-2-612 Definitions for R18-2-612.01; 
ACC R18-2-612.01 Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009; 
Appendix 2. Test Methods and Protocols. Therefore, EPA staff recommends approval of these rules pursuant to CAA §110(k)(3) and §301(a). 


REFERENCES 

 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
 "Rule 4550  -  Conservation Management Practices," SJVUAPCD, August 19, 2004. Approved 71 FR 7683, February 14, 2006. 
  "Rule 8081  -  Agricultural Sources, September 16, 2004. Approved 71 FR 8461, February 17, 2006.
  "Rule 8061  -  Paved and Unpaved Roads," SJVUAPCD, August 19, 2004. Approved 71 FR 8461, February 17, 2006.
 "Rule 8011  -  General Requirements," SJVUAPCD, August 19, 2004. Approved 71 FR 8461, February 17, 2006.
 "Rule 806  -  Conservation Management Practices," ICAPCD, October 16, 2012. Approved 78 FR 23677, April 22, 2013.
 "Rule 805  -  Paved and Unpaved Roads," SJVUAPCD, October 16, 2012. Approved 78 FR 23677, April 22, 2013.
 "Rule 800  -  General Requirements for Control of Fine Particulate Matter," ICAPCD, October 16, 2012. Approved 78 FR 23677, April 22, 2013.
  "Rule 420  -  Beef Feedlots," ICAPCD, August 13, 2002. Approved 68 FR 8839, February 23, 2003.
 "Rule 403  -  Fugitive Dust," SCAQMD, June 3, 2005. Approved 73 FR 12639, March 10, 2008.
 "Rule 403 Coachella Valley Agricultural Handbook, Measures to Reduce Dust from Agricultural Operations in the Coachella Valley, SCAQMD, April 2004
 Rule 403 Agricultural Handbook, Measures to Reduce Dust from Agricultural Operations in the South Coast Air Basin, SCAQMD, December 1988.
 April 8, 2016 email correspondence between H. Haggerty, ADEQ and N. Levin, EPA re: Appendix 2.
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