EPA Regulates Arizona Farm Dust in Oddly Specific County
Published Date: 1/17/2025
Proposed Rule
Summary
The EPA is proposing to approve new rules from Arizona that aim to reduce dust pollution from farming in Pinal County. These changes update laws and definitions to better control tiny dust particles that can harm air quality. People can share their thoughts by February 18, 2025, before the EPA makes a final decision.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
More farms become regulated
Arizona expanded the statutory definition of “regulated agricultural activities” to explicitly include dairies, beef feedlots, poultry facilities, and swine facilities, and expanded “regulated area” to any PM10 nonattainment areas designated by the EPA on or after June 1, 2009 (including the West Pinal County PM10 nonattainment area). These changes were submitted to EPA on March 3, 2023 as revisions to ARS Sec. 49-457 and, if approved into the SIP, would make those animal operations subject to the State’s agricultural PM10 permit framework.
Crop operators must adopt two BMPs
The revised crop-operations rule (AAC R18-2-610.03, amended November 26, 2021 and submitted March 3, 2023) requires operators in the Pinal County PM10 nonattainment area to implement two best management practices (BMPs) from the rule’s menu for different areas, where the prior requirement called for one BMP. The rule also adds definitions such as “unpaved vehicle or equipment traffic area.”
Animal operations must implement BMPs
A new rule (AAC R18-2-611.03, submitted March 3, 2023) would require commercial dairy operations, beef cattle feedlots, poultry facilities, and swine facilities in the Pinal County PM10 nonattainment area to implement best management practices to reduce PM10 emissions. The new AAC R18-2-611 provides definitions to support these animal-operation BMP requirements.
Record, reporting, and enforcement gaps — federal risk
The crop and animal operation rules require an annual BMP Program General Permit Record Form, three-year record retention, and a survey every three years (survey responses are aggregated and anonymous). However, the rules do not require routine submission of the form to the Director (forms are provided only within two business days if the Director requests them), and EPA finds these features not sufficiently enforceable. EPA is proposing a limited disapproval for these enforceability gaps; if finalized, the EPA must promulgate a federal implementation plan within 24 months unless Arizona fixes the defects, and CAA sanctions could follow (an offset sanction 18 months after the effective date of a final disapproval and a highway-funding sanction six months after that).
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