Completed Rulemakings | Air Quality Division

ADEQ maintains a list of completed rulemakings for two years after their effective dates.

AgBMP Amendments for West Pinal County PM10 Nonattainment Area

Summary

On June 24, 2020, the Environmental Protection Agency (EPA) determined that the West Pinal County PM10 Nonattainment Area had not attained the PM10 national ambient air quality standards (NAAQS) by the applicable Dec. 31, 2018, deadline. Because of this determination, West Pinal was automatically reclassified from “moderate” to “serious” and became subject to the requirements for serious PM10 nonattainment areas in Clean Air Act § 189(b).

Under § 189(b), Arizona must submit a state implementation plan (SIP) that, among other things, provides for the imposition of best available control measures (BACM) on all significant sources of PM10 in the West Pinal nonattainment areas, including agricultural operations. The amendments adopted in this rulemaking are designed to satisfy these Clean Air Act requirements with respect to agricultural operations subject to the Agricultural Best Management Practices (AgBMP) General Permit.

The AgBMP Committee, which is appointed by the Governor,  has authority to adopt and amend AgBMP general permits by rule under ARS § 49-457(H), (L), and (P). Under Laws 2011, Chapter 214, Section 4, rulemakings by the AgBMP Committee are exempt from the Title 41, Chapter 6, Article 3, including the requirements to publish a Notice of Docket Opening, to publish a Notice of Proposed Rulemaking, and to submit the final rulemaking to the Governor’s Regulatory Review Council for approval.

Documents

  • Notice of Final Exempt Rulemaking (filed with the Secretary of State: Nov. 5, 2021) | View > 
  • Effective Date: November 5, 2021