Great Basin Unified APCD

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REGULATION V – AGRICULTURAL OPERATIONS

RULE 502. CONSERVATION MANAGEMENT PRACTICES

Adopted: 7/7/05

1.0 Purpose

The purpose of this rule is to limit fugitive dust emissions from agricultural

operation sites within the Great Basin Unified Air Pollution Control District

(Alpine, Inyo and Mono Counties).

2.0 Applicability

This rule applies to agricultural operation 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 the CMP Plan, or provides a similar minor

administrative change which has no effect on the selected CMPs

and does not change any information that could be used to

determine emissions reduction; or

3.1.3 Allows for the change of ownership or operational control of an

agricultural operation site or agricultural parcel.

3.2 Agricultural Operations: the growing and harvesting of crops or the raising

of livestock, fowl or other animals, for the primary purpose of earning a

living, or of conducting agricultural 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 more contiguous or adjacent properties

wholly within the Great Basin Unified Air Pollution Control District.
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3.4 Agricultural Parcel: a portion of real property, including, but not limited to,

cropland, grazing land and animal feeding operation (AFO) used by an

owner/operator for carrying out a specific agricultural operation. Roads,

vehicle/equipment traffic areas, and facilities, on or adjacent to the

cropland or AFO are part of the agricultural parcel.

3.5 Air Pollution Control Officer (APCO): the Air Pollution 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 crops, vegetation, forage growth, or

post-harvest residues are not sustained 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 (CMP): an activity or procedure that

reduces air pollutants normally emitted 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 selected 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 locations of agricultural parcels where CMPs will be

implemented and other information describing the extent, duration of CMP

implementation and other information needed by the District to calculate

emission reductions.

3.10 Conservation Management Practice 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” includes CMPs to reduce windblown

emissions and agricultural burning emissions.

3.11 Conservation Management Practice List (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.
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3.13 Conservation Management Practice Program (CMP Program): a District

program with the purpose of reducing air pollutants from agricultural

operation sites.

3.14 Contiguous or Adjacent Property: a property consisting of two (2) or more

parcels of land with a common point or boundary, 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 particulate matter entrained in the ambient air,

caused by anthropogenic or natural activities, that is emitted into the air

without first passing through a stack or duct designed to control flow,

including, but not limited to, emissions caused by movement of soil,

vehicles, equipment, and windblown dust. This excludes particulate matter

emitted directly in the exhaust of motor vehicles, from other fuel

combustion devices, portable brazing, soldering, or welding equipment,

and from pile drivers.

3.17 Grazing Land: (1) a collective term for rangeland, pastureland, grazing

forest land, native and naturalized pasture, 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 States Department of Agriculture Natural Resource

Conservation Service.

3.19 Owner/Operator: includes, but is not limited to, any person who leases,

rents, supervises, or operates equipment, or owns/operates a fugitive dust

source, in addition to the normal meaning of owner or operator.

3.20 Particulate Matter: as defined in Rule 101 (Definitions).

3.21 Paved Road: any road that is covered by concrete, asphaltic concrete or

asphalt that provides structural support for vehicles.

3.22 PM10: as defined under “Particulate Matter” in Rule 101 (Definitions).

3.23 Road: any paved or unpaved 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.
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3.25 Vehicle: A device by which any person or property may be propelled,

moved, or drawn, including mobile 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 provisions 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 where the total acreage of all agricultural

parcels is less than forty (40) acres if there are less than five (5)

separate residences or businesses within one-quarter (1⁄4) mile of

the site boundaries.

4.1.2 Agricultural operation site where the total acreage of all agricultural

parcels is less than ten (10) acres 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 cultivation or used for

pasture.

4.1.4 Land placed in the Conservation 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, but not limited to, timber harvest

operations, silvicultural practices, 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, except for the recordkeeping provisions of

Section 6.5.2, shall not apply to any of the following sources within an

agricultural operation site:
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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 owner/operator from any other District

regulations.

5.0 Requirements

5.1 Effective on and after the schedule set forth below in Sections 5.1.1

through 5.1.3, an owner/operator shall implement the applicable CMPs

selected pursuant to Section 6.2 for each agricultural operation site.

5.1.1 For all Agricultural Operations located within the Owens Valley

PM10 non-attainment area, the requirements of this rule shall go

into effect on and after January 1, 2006.

5.1.2 For all Agricultural Operations located within the Coso Junction

(formerly Searles Valley), Mono Basin and Mammoth Lakes PM10

non-attainment areas, the requirements of this rule shall go into

effect on and after January 1, 2007.

5.1.3 For all Agricultural Operations located within all areas of the Great

Basin Unified Air Pollution Control District not designated in

Sections 5.1.1 and 5.1.2, the requirements of this rule shall go into

effect on and after January 1, 2008.

5.2 An owner/operator shall prepare and submit a CMP Application for each

agricultural operation site, pursuant to Section 6.0, to the APCO for

approval. A CMP Application approved by the APCO shall constitute a

CMP Plan.

5.3 Except as provided by Section 5.4, an owner/operator shall 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 that discontinues the implementation 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.
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6.0 Administrative Requirements

6.1 CMP Application Preparation

An owner/operator shall prepare a CMP Application for each agricultural

operation site. Each CMP Application shall include, but is not limited to,

the following information:

6.1.1 The name, business address, phone number and emergency

contact information of the owner/operator responsible for the

preparation and the implementation of the CMP Plan.

6.1.2 The signature of the owner/operator and the date that the

application was signed.

6.1.3 A plot plan or map which contains the following information:

6.1.3.1 The location of the agricultural operation site,

6.1.3.2 The location of each agricultural parcel on the agricultural

operation site,

6.1.3.3 The location of unpaved 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 or map 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 pursuant to 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 calculate 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 (miles) of unpaved roads, and

the total area (acres or square feet) of the unpaved
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equipment and traffic areas to be 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 categories 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 select one (1) CMP from the CMP

list for each of the applicable CMP categories for each rotated crop

type.

6.2.2 If a CMP can only be selected for implementation on a portion of an

agricultural operation site, an owner/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 traffic area CMP categories.

6.2.3.1 An owner/operator may identify 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 the interim approval of the

APCO to use a new CMP to meet the requirements of

Section 6.2. The owner/operator shall demonstrate that the

new CMP achieves PM10 emission reductions that are at

least equivalent to other CMPs on the CMP list that could

be selected for the applicable operation.

6.2.3.2 The APCO will perform an independent analysis of

proposed CMPs to determine that they achieve PM10

emission reductions that are at least 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 Agency (EPA) or the California

Air Resources Board (CARB) when available. CMPs that

are not shown to achieve equivalent emission reductions
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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 submit a CMP Application, prepared pursuant to

Section 6.1, to the APCO according to the following schedule:

6.3.1 For an agricultural operation site located within the Owens Valley

PM10 non-attainment area, no later than October 1, 2005 for

existing agricultural operation sites and within 90 days for an

agricultural operation site or an agricultural 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), Mono Basin or Mammoth Lakes PM10

non-attainment areas, no later than October 1, 2006 for existing

agricultural operation sites and within 90 days for an agricultural

operation site or an agricultural parcel that is acquired 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 Control District not designated in

Sections 6.3.1 and 6.3.2, no later than October 1, 2007 for existing

agricultural operation sites and within 90 days for an agricultural

operation site or an agricultural parcel that is acquired or becomes

subject to the provisions of this Rule after January 1, 2008.

6.3.4 Within 60 days of any operational, administrative, or other

modification that necessitates the revision of an existing approved

CMP Plan. A modification includes, 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 CMP 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.
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6.4 CMP Application Review and Evaluation

6.4.1 The APCO shall:

6.4.1.1 Review the CMP Application and determine whether the

submitted CMP Application is complete. Completeness

shall be determined by evaluating whether the CMP

Application meets the requirements of Section 6.1 of this

rule and the applicable requirements 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 provide additional information within

30 days.

6.4.1.3 Evaluate and either approve or disapprove the CMP

Application and provide written notification to the

owner/operator within 60 days after receipt of the complete

CMP Application, of the approval or disapproval of the

CMP Application.

6.4.2 A CMP Application for a modification to a CMP Plan pursuant to

Section 6.3.4.1 shall be deemed approved as submitted unless

written comments are transmitted by the APCO to the

owner/operator within 30 days of receipt of the CMP application.

6.4.3 A CMP Application for a modification to a CMP Plan pursuant to

Sections 6.3.4.2, 6.3.4.3, and 6.3.4.4 shall be deemed conditionally

approved as submitted unless written comments are transmitted by

the APCO to the owner/operator within 30 days of receipt of the

CMP application.

6.4.4 The approval of a CMP Application shall not serve to excuse the

owner or operator from complying with 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 minimum of five (5) years:

6.5.1.1 A copy of each CMP Application and CMP Plan.
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6.5.1.2 Supporting information necessary to confirm the

implementation of the CMPs.

6.5.2 An owner/operator claiming exemption pursuant to Section 4.0 shall

maintain records for a minimum of five (5) years that demonstrate

that the agricultural operation 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 the provisions of Section 5.0 of this rule, through

loss of exemption, shall comply with all applicable provisions of this rule

pursuant to the schedule in Section 6.3.

7.0 Compliance Schedule

Unless otherwise noted, all provisions of this rule shall be effective on and after

July 7, 2005.