ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2677: agricultural management practices; general permit

Sponsor: Representative Griffin, LD 14

Committee on Natural Resources, Energy & Water

Overview

Specifies that an agricultural general permit include best practices to reduce fugitive PM-10 emissions and specifies instances when regulated agricultural activities must obtain a state air pollution permit.

History

As part of the Clean Air Act, the U.S. Environmental Protection Agency (EPA) has set National Ambient Air Quality Standards for pollutants considered harmful to public health and the environment (42 U.S.C. § 7409). These standards exist for six principal pollutants, one of which is particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10) (40 Code of Federal Regulations Part 50). Atmospheric dust generated from mechanical disturbances related to unpaved roads, agricultural tilling operations, and construction projects is called "fugitive PM-10". The Clean Air Act allows the EPA to revise designations of areas based on air quality data, planning and control considerations or any other air-quality-related considerations that it deems appropriate (42 U.S.C. § 7407(d)(3)). In July 2012, the EPA established a PM-10 nonattainment area in western Pinal County.

The Legislature created the Best Management Practices Committee for Regulated Agricultural Activities (Committee) in 1998 to establish requirements for best management practices to reduce PM-10 emissions from commercial farming in nonattainment areas (Laws 1998, Chapter 217). Commercial farming operations in these areas (which are called regulated agricultural activities in statute) must comply with an agricultural general permit, which means implementing at least one of these best management practices (A.R.S. § 49-457(G)). In doing so, these operations are exempt from being required to obtain a state air pollution permit (A.R.S. § 49-457(H)). The Committee may periodically reexamine, evaluate and modify these best management practices. However, any modifications must be submitted to the EPA as a revision to the applicable implementation plan (A.R.S. § 49-457(L)).

Provisions

1. Clarifies that someone who begins a regulated agricultural activity that is subject to an agricultural general permit must immediately comply with that permit's requirements. (Sec. 1)

2. Directs the Committee to:

a) As necessary and appropriate, amend by rule the agricultural general permit specifying best management practices for regulated agricultural activities to reduce fugitive PM-10 (instead of particulate matter) emissions; and

b) Adopt by rule a list of best management practices to be used in nonattainment areas for PM-10 (instead of particulate matter) emissions. (Sec. 1)

3. Specifies that fugitive PM-10 emissions from regulated agricultural activities subject to an agricultural general permit are not subject to a state air pollution permit except:

a) For fugitive PM-10 emissions from regulated agricultural activities at a stationary source that is required to obtain a state air pollution permit, that state permit must be subject to conditions necessary to ensure compliance with federal, state and county regulations approved as part of the state implementation plan, including regulations adopted under the Clean Air Act; or (Sec. 1)

b) Someone who has had an agricultural general permit revoked must obtain a state air pollution permit that includes enforceable conditions that impose best management practices on fugitive PM-10 emissions from regulated agricultural activities. (Sec. 1)

4. Removes language authorizing the Committee to periodically reexamine, evaluate and modify best management practices and requiring any approved modifications to be submitted to the EPA as a revision to the applicable implementation plan. (Sec. 1)

5. Deletes the declaration that a best management practice adopted as part of an agricultural general permit does not affect any applicable requirements related to Clean Air Act. (Sec. 1)

6. Specifies that rules incorporated into the applicable implementation plan do not preempt further regulation of fugitive PM-10 emissions from regulated agricultural activities by a county, city, town or other political subdivision. (Sec. 1)

7. Makes technical and conforming changes. (Sec. 1)

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11. HB 2677

12. Initials PAB Page 0 Natural Resources, Energy & Water

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