Great Basin Unified APCD Rule 502 - Page 1 of 10

REGULATION V – AGRICULTURAL OPERATIONS

RULE 502. CONSERVAT ION MANAGEMENT PRACTICES

Adopted: 7/7/05 1.0 Purpose The purpose of this rule is to limit f ugitive dust emissions from agricultural operation sites within the Great Basin Un ified Air Pollution Control District (Alpine, Inyo and Mono Counties). 2.0 Applicability This rule applies to agricultural operati on sites located within the Great Basin Unified Air Pollution Control District.

3.0 Definitions 3.1 Administrative change: a change to a Conservation Management Practice (CMP) Plan that: 3.1.1 Corrects typographical errors: or 3.1.2 Identifies a change in the name, address, or phone number of any person identified in t he CMP Plan, or provides a similar minor administrative change which has no effect on the selected CMPs and does not change any informati on that could be used to determine emissions reduction; or 3.1.3 Allows for the change of ownersh ip or operational control of an agricultural operation site or agricultural parcel. 3.2 Agricultural Operations: the growing and harvesting of cr ops or the raising of livestock, fowl or other animals, for the primary purpose of earning a living, or of conducting agricultura l research or instruction by an educational institution. 3.3 Agricultural Operation Site: one (1) or more agricultural parcels that meet the following:

3.3.1 Are under the same or common ownership or operation (including leases and allotments), or which are owned or operated by entities which are under common control; and 3.3.2 Are located on one (1) or morecontiguous or adjacent properties wholly within the Great Basin Unif ied Air Pollution Control District.Great Basin Unified APCD Rule 502 - Page 2 of 10 3.4 Agricultural Parcel: a portion of real property, including, but not limited to, cropland, grazing land and animal f eeding operation (AFO) used by an owner/operator for carryi ng out a specific agricul tural operation. Roads, vehicle/equipment traffic areas, and fa cilities, on or adjacent to the cropland or AFO are part of the agricultural parcel.

3.5 Air Pollution Control Officer (APCO): the Air Pollu tion Control Officer of the Great Basin Unified Air Pollution Control District. 3.6 Animal Feeding Operation (AFO): a lot or facility where animals have been, are, or will be gathered, fed, stabled, for a total of 45 days or more in any 12 month period and where cr ops, vegetation, forage growth, or post-harvest residues are not sustai ned over any portion of the lot or facility (as defined in 40 CFR 122.23 (b)(1)). 3.7 Board: as defined in Rule 101 (Definitions). 3.8 Conservation Management Practice (C MP): an activity or procedure that reduces air pollutants normally em itted by, or associated with, an agricultural operation. The District’s list of CMPs shall constitute the best available control measures (BACM) and best available retrofit control technology (BARCT) for agricultural practices at agricultural sources of air pollution in the District. 3.9 Conservation Management Practice Application (CMP Application): a document prepared and submitted by the owner/operator of an agricultural operation site that lists the select ed CMPs for implementation. The CMP application also contains, but is not limited to, contact information for the owner/operator, and a site plan or map describing the agricultural operation site and locati ons of agricultural par cels where CMPs will be implemented and other informa tion describing the extent, duration of CMP implementation and other information needed by the District to calculate emission reductions. 3.10 Conservation Management Practi ce Category (CMP Category): a grouping, including, but not limited to, agricultural activities related to land preparation, harvesting, handling and raising of fowl or animals, and the use of agricultural unpaved roads, and unpaved vehicle/equipment traffic areas. The CMP category “other” in cludes CMPs to reduce windblown emissions and agricultural burning emissions. 3.11 Conservation Management Practice Li st (CMP List): the list of CMPs by CMP categories as approved by the District Board. 3.12 Conservation Management Practice Plan (CMP Plan): A CMP Application approved by the APCO.Great Basin Unified APCD Rule 502 - Page 3 of 10 3.13 Conservation Management Practice Program (CMP Program): a District program with the purpose of reducing air pollut ants from agricultural operation sites. 3.14 Contiguous or Adjac ent Property: a property cons isting of two (2) or more parcels of land with a common point orboundary, or separated solely by a public roadway or other public right-of-way.

3.15 District: the Great Basin Unified Air Pollution Control District including all of Alpine, Inyo and Mono Counties. 3.16 Fugitive Dust: any solid particul ate matter entrained in the ambient air, caused by anthropogenic or nat ural activities, that is emitted into the air without first passing through a stack orduct designed to control flow, including, but not limited to, emi ssions caused by movement of soil, vehicles, equipment, and windblown dust. This excludes particulate matter emitted directly in the exhaust ofmotor vehicles, from other fuel combustion devices, portable brazing, soldering, or we lding equipment, and from pile drivers. 3.17 Grazing Land: (1) a collective te rm for rangeland, pastureland, grazing forest land, native and naturalized pas ture, hayland, and grazed cropland. (2) land is used primarily for production of forage plants maintained or manipulated primarily through grazing management. Includes all land having plants harvestable by grazing without reference to land tenure, other land uses or management practices.

3.18 NRCS: The United Stat es Department of Agriculture Natural Resource Conservation Service. 3.19 Owner/Operator: includes, but is notlimited to, any person who leases, rents, supervises, or operates equipmen t, or owns/operates a fugitive dust source, in addition to the normal meaning of owner or operator.

3.20 Particulate Matter: as defi ned in Rule 101 (Definitions). 3.21 Paved Road: any road t hat is covered by concrete, asphaltic concrete or asphalt that provides structural support for vehicles.

3.22 PM 10 : as defined under “Particulate Matter” in Rule 101 (Definitions). 3.23 Road: any paved or unpav ed road or street, highway, freeway, alley, way, access easement or driveway. 3.24 Unpaved Road: any road that is not covered by one of the materials described in the paved road definition.Great Basin Unified APCD Rule 502 - Page 4 of 10 3.25 Vehicle: A device by which anyperson or propertymay be propelled, moved, or drawn, including mobi le equipment, excepting aircraft or watercraft or devices moved exclusively by human or animal power or used exclusively upon rails or tracks. 4.0 Exemptions 4.1 With the exception of AFOs, the prov isions of this rule, except for the recordkeeping provisions of Section 6. 5.2, shall not apply to any of the following sources: 4.1.1 Agricultural operation site wher e the total acreage of all agricultural parcels is less than forty (40) acre s if there are less than five (5) separate residences or businesse s within one-quarter (1⁄4) mile of the site boundaries. 4.1.2 Agricultural operation site wher e the total acreage of all agricultural parcels is less than ten (10) acre s if there are five (5) or more residences or businesses within one-quarter (1⁄4) mile of the site boundaries.

4.1.3 Woodland and wasteland not actually under cu ltivation or used for pasture. 4.1.4 Land placed in the Conservati on Reserve Program meeting the definition and criteria set by the NRCS. 4.1.5 Agricultural operation parcel used for the purpose of: 4.1.5.1 Propagating plants for transplanting, and exhibiting plants under controlled conditions inside a building with walls and roof, or 4.1.5.2 Forestry, including, butnot limited to, timber harvest operations, silvicultural pr actices, forest management burning, or forest protection practices, or 4.1.5.3 Providing grazing on open rangeland or pasture. However, the cultivation of pasture is not exempt. 4.2 The provisions of this rule, exc ept for the recordkeeping provisions of Section 6.5.2, shall notapply to any of the following sources within an agricultural operation site:Great Basin Unified APCD Rule 502 - Page 5 of 10

4.2.1 An AFO with less than 150 head of domesticated farm mammals, including, but not limited to, cattle (heifers, steers, bulls veal calves and cow/calf pairs), sheep and pigs, or 4.2.2 An AFO with less than 2,500 fowl, including, but not limited to, chickens and turkey. 4.3 This rule does not exempt the ow ner/operator from any other District regulations. 5.0 Requirements

5.1 Effective on and after the schedule se t forth below in Sections 5.1.1 through 5.1.3, an owner/operator shall implementthe applicable CMPs selected pursuant to Section 6.2 fo r each agricultural operation site. 5.1.1 For all Agricultur al Operations located within the Owens Valley PM 10non-attainment area, the require ments of this rule shall go into effect on and after January 1, 2006. 5.1.2 For all Agricultur al Operations located within the Coso Junction (formerly Searles Valley), Mono Basin and Mammoth Lakes PM 10 non-attainment areas, the requirem ents of this rule shall go into effect on and after January 1, 2007. 5.1.3 For all Agricultural Operations located withi n all areas of the Great Basin Unified Air Pollution Co ntrol District not designated in Sections 5.1.1 and 5.1.2, the requirements of th is rule shall go into effect on and after January 1, 2008. 5.2 An owner/operator sha ll prepare and submit a CM P Application for each agricultural operation site, pursuant to Section 6.0, to the APCO for approval. A CMP Applicat ion approved by the APCO shall constitute a CMP Plan. 5.3 Except as provided by Section 5.4, an owner/operator s hall implement the CMPs as contained in the CMP Plan approved pursuant to Section 6.0 for each agricultural operation site no later than thirty (30) days after notification by the APCO of the approval of the CMP Application. 5.4 An owner/operator thatdiscontinues the impl ementation of a CMP as committed to in a CMP Plan or makes other changes that are inconsistent with the CMP Plan shall comply with the requirements of Section 6.3.4.Great Basin Unified APCD Rule 502 - Page 6 of 10 6.0 Administrative Requirements 6.1 CMP Application Preparation An owner/operator shall prepare a CMP Applicati on for each agricultural operation site. Each CMP Ap plication shall include, but is not limited to, the following information: 6.1.1 The name, business addre ss, phone number and emergency contact information of the owner /operator responsible for the preparation and the implement ation of the CMP Plan. 6.1.2 The signature of t he owner/operator and the date that the application was signed. 6.1.3 A plot plan or map which c ontains the following information:

6.1.3.1 The location of the agricultural operation site, 6.1.3.2 The location of each agricul tural parcel on the agricultural operation site,

6.1.3.3 The location ofunpaved roads and unpaved equipment/traffic areas to be covered by the CMP Plan, and

6.1.3.4 The location where the CMP will be implemented. 6.1.3.5 The plot plan ormap shall be maintained on-site and made available to the APCO or the APCO’s agent upon request. 6.1.4 The following information, for each agricultural parcel of the agricultural site: 6.1.4.1 The CMPs, selected pursuantto Section 6.2, implemented or planned for implementation and 6.1.4.2 The crop, AFO, or other use of the agricultural parcel. 6.1.5 Information necessary to calc ulate emission reductions including, but not limited to: 6.1.5.1 The crop or animals and total crop acreage or number of animals and the total length (m iles) of unpaved roads, and the total area (acres or square feet) of the unpavedGreat Basin Unified APCD Rule 502 - Page 7 of 10 equipment and traffic areas tobe covered by the CMP Plan, and 6.1.5.2 Other information as determined by the APCO.

6.2 CMP Selection An owner/operator shall select and implement one (1) CMP from the CMP list for each of the applicable CMP ca tegories for each agricultural parcel of an agricultural operation site , except as provided below: 6.2.1 If an agricultural operation site or agricultural parcel has crop rotation, an owner/operator shall se lect one (1) CMP from the CMP list for each of the applicable CM P categories for each rotated crop type. 6.2.2 If a CMP can only be selected fo r implementation on a portion of an agricultural operation site, an ow ner/operator shall select an additional CMP within the CMP category to be implemented on the remaining acreage or remaining AFO. 6.2.3 An owner/operator may select a substitute CMP from another CMP category when no feasible CMP can be identified from one category. This provision shall not apply for the unpaved road, and unpaved vehicle/equipment tra ffic area CMP categories. 6.2.3.1 An owner/operator may i dentify or develop a new CMP not on the CMP list to be used to comply with the requirements of this rule. Prior to use of the new CMP, the owner/operator must obtain t he interim approval of the APCO to use a new CMP to meet the requirements of Section 6.2. The owner/operatorshall demonstrate that the new CMP achieves PM 10emission reductions that are at least equivalent to other CMPson the CMP list that could be selected for the applicable operation. 6.2.3.2 The APCO will perfo rm an independent analysis of proposed CMPs to determine that they achieve PM 10 emission reductions that are atleast equivalent to other CMPs on the CMP list that could be selected for the applicable operation. This analysis shall be made using the most recent emission factors provided by U.S. Environmental Protection Agen cy (EPA) or the California Air Resources Board (CARB) when available. CMPs that are not shown to achieve equi valent emission reductionsGreat Basin Unified APCD Rule 502 - Page 8 of 10 will be disapproved. The District shall maintain a list of CMPs determined to be equivalent under this Section. 6.3 CMP Application Submission An owner/operator shall s ubmit a CMP Application, prepared pursuant to Section 6.1, to the APCO acco rding to the following schedule: 6.3.1 For an agricultural operation si te located within the Owens Valley PM 10non-attainment area, no la ter than October 1, 2005 for existing agricultural operation sites and within 90 days for an agricultural operation site or an agric ultural parcel that is acquired or becomes subject to the provisions of this Rule after January 1, 2006. 6.3.2 For an agricultural operation site located within the Coso Junction (formerly Searles Valley), M ono Basin or Mammoth Lakes PM 10 non-attainment areas, no later t han October 1, 2006 for existing agricultural operation sites and wit hin 90 days for an agricultural operation site or an agricultural par cel that is ac quired or becomes subject to the provisions of this Rule after January 1, 2007. 6.3.3 For an agricultural operation site located within all areas of the Great Basin Unified Air Pollution C ontrol District not designated in Sections 6.3.1 and 6.3.2, no late r than October 1, 2007 for existing agricultural operation sites and wit hin 90 days for an agricultural operation site or an agricultural par cel that is ac quired or becomes subject to the provisions of this Rule after January 1, 2008. 6.3.4 Within 60 days of any operati onal, administrative, or other modification that necessitates the revision of an existing approved CMP Plan. A modification inclu des, but is not limited to, the following: 6.3.4.1 Administrative changes to any information provided pursuant to Section 6.0, 6.3.4.2 Implementation of a CMP other than the CM P listed in a CMP Plan, 6.3.4.3 Change of the crop or AFO on a agricultural parcel, and 6.3.4.4 Any other changes as determined by the APCO.Great Basin Unified APCD Rule 502 - Page 9 of 10 6.4 CMP Application Review and Evaluation

6.4.1 The APCO shall:

6.4.1.1 Review the CM P Application and determine whether the submitted CMP Application is complete. Completeness shall be determined by evaluating whether the CMP Application meets the requirem ents of Section 6.1 of this rule and the applicable requi rements of Rule 307 (Conservation Management Practices Plan Fees). 6.4.1.2 Notify the owner /operator in writing of the determination that the CMP Application is, or is not, complete and request the owner/operator to provi de additional information within 30 days.

6.4.1.3 Evaluate and either approve or disapprove the CMP Application and provide wr itten notification to the owner/operator within 60 days a fter receipt of the complete CMP Application, of the approv al or disapproval of the CMP Application. 6.4.2 A CMP Application for a modi fication to a CMP Plan pursuant to Section 6.3.4.1 shall be deemed approved as submitted unless written comments are transmi tted by the APCO to the owner/operator within 30 days of receipt of the CMP application. 6.4.3 A CMP Application for a modi fication to a CMP Plan pursuant to Sections 6.3.4.2, 6. 3.4.3, and 6.3.4.4 sha ll be deemed conditionally approved as submitted unless wri tten comments are transmitted by the APCO to the owner/operator wit hin 30 days of receipt of the CMP application. 6.4.4 The approval of a CM P Application shall not serve to excuse the owner or operator from complying wit h law, nor shall it excuse any violation. 6.5 Recordkeeping An owner/operator shall, upon request, make available to the APCO the records required to be kept pursuant to Section 6.5.1 and Section 6.5.2. 6.5.1. An owner/operator subject to Section 5.0 shall maintain the following records for a mini mum of five (5) years: 6.5.1.1 A copy of each CMP Application and CMP Plan.Great Basin Unified APCD Rule 502 - Page 10 of 10

6.5.1.2 Supporting information nec essary to confirm the implementation of the CMPs. 6.5.2 An owner/operator claiming exempt ion pursuant to Section 4.0 shall maintain records for a minimum offive (5) years that demonstrate that the agricultural operat ion site or agricultural parcel qualified for the exemption. 6.6 Loss of Exemption An owner/operator of an agricultural operation site or agricultural parcel that becomes subject to t he provisions of Section 5.0 of this rule, through loss of exemption, shall comply with al l applicable provisions of this rule pursuant to the schedule in Section 6.3. 7.0 Compliance Schedule Unless otherwise noted, all pr ovisions of this rule shall be effective on and after July 7, 2005.