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4570 - 1 Revised Proposed Rule 4570 RULE 4570 CONFINED ANIMAL FACILITIES (A dopted June 15, 2006; Readopted June 18, 2009 ) ; Amended [rule adoption date] )

1.0 Purpose

The purpose of this rule is to limit emi ssions of volatile orga nic compounds (VOC) from Confined Animal Facilities (CAF).

2.0 Applicability

The provisions of this rule shall appl y to any Confined Animal Facility.

3.0 Definitions

3.1 Aerated Static Pile (ASP): a system designed, constructe d, maintained, and operated for decomposing or ganic material in which the material is placed on top of perforated plates or pipes that are connected to blowers that either push or pull air through the piles. The system shall operate under negative or positive pressure for not less than 90% of its blower opera tion cycle and the exhaust

shall be vented to a VOC control device with an overall VOC capture and VOC control efficiency of at least 80%.

3.2 Aerobic Digester: a basin or tank designed, constructe d, maintained, and operated for the aerobic treat ment of liquid or solid animal waste manure that is approved by the APCO, ARB, and EPA.

3.3 Aerobic Lagoon: a lagoon designed, c onstructed, maintained , and operated in

accordance with the applicable standa rds for aerobic lagoons in the Natural Resource Conservation Service (NRCS) Ca lifornia Field Office Technical Guide

Conservation Practice Standard Code 359 or other a pplicable standards approved by the APCO, ARB, and EPA.

3.4 Alternative Mitigation Measure: a mitig ation measure that is determined by the APCO, ARB, and EPA to achieve reductions that are equal to or exceed the

reductions that would be ach ieved by other mitigation m easures listed in this rule that owners/operators could choose to comply with rule requirements.

3.5 Anaerobic Digester: a basin or tank designed, constructe d, maintained, and operated for the anaerobic treatment of liquid or solid animal waste manure in

accordance with the a pplicable standards for anaerobi c digesters in the Natural Resource Conservation Service (NRCS) Ca lifornia Field Office Technical Guide

Conservation Practice Standard Code 359 365 or 366 or other applicable standards approved by th e APCO, ARB, and EPA.

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4570 - 2 Revised Proposed Rule 4570 3.6 Anaerobic Treatment: the decomposition of organic matter by microbes in the absence of oxygen. During th is process four main reac tions occur. In the first reaction, complex organic materials (e.g . carbohydrates, proteins, and fats) are hydrolyzed to form soluble organic mol ecules (e.g. sugars, amino acids, and fatty acids). In the second reaction, soluble organic mo lecules ferment to form acetic acid, formic acid, and volatile fatty acids. In the third reaction, volatile fatty acids undergo acetogenesi s to form acetic acid a nd formic acid. In the fourth reaction, acetic acid and formic acid undergo methanogenesis to form

methane and carbon dioxide.

3.7 Anaerobic Treatment Lagoon: a lagoon designed, constr ucted, maintained, and operated in accordance with the standards for anaerobic lagoons in the Natural Resource Conservation Service (NRCS) Ca lifornia Field Office Technical Guide

Conservation Practice Standard Code 359 or other a pplicable standards approved by the APCO, ARB, and EPA.

3.8 Animal Waste Manure : any animal excretions and mixtures containing animal excretions, except for mate rial meeting the definiti on of separated solids.

3.9 APCO: as defined in Rule 1020 (Definitions).

3.10 ARB: as defined in Rule 1020 (Definitions).

3.11 Beef Feedlot: a CAF that is prim arily concerned with raising cattle for the production of meat fo r commercial purposes.

3.12 Biofilter: a pollution cont rol technique using living material to capture and biologically degrade process pollutants. A biofilter is usually a bed of organic material (medium), typically a mixture of compos t and wood chips or shreds. As air passes through the bi ofilter, the microbes on the organic material convert

contaminants in the air stream to carbon dioxi de and water.

3.13 3.12 CDFA: California Department of Food and Agriculture or any person designated to act on its behalf.

3.14 Cereal Grains: grasses (members of the monocot fa milies Poaceae or Gramineae) cultivated for the edible components of thei r fruit. These grains include corn, rice, wheat, barley, sorghum , millet, oats, rye, triticale, and fonio. For the purposes of this ru le, buckwheat and quinoa will also be considered cereal grains.

3.15 3.13 Certified Nutritionist: a nutritionist certified by the American Registry of

Professional Animal Scientists or w ho is approved by the APCO, ARB, and

EPA.

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4570 - 3 Revised Proposed Rule 4570 3.16 3.14 Class One Mitigation M easures: a mitigation meas ure or combination of measures for the specific source category that, at the time of rule adoption, are

considered to be the Be st Available Retrofit Co ntrol Technology (BARCT) for VOC, as defined in the Ca lifornia Health and Safe ty Code Section 40406.

3.17 3.1 5 Class Two Mitigation M easures: a mitigation meas ure or combination of measures for the specific source categor y that achieve VOC reductions equal to or greater than those achieved by Cl ass One Mitigation Measures, but are considered beyond the Best Availabl e Retrofit Control Technology (BARCT) standards for existing facilities after ta king into account envi ronmental, energy, economic, legal, social, and technological factors. These measures are considered to be between BARCT (the st andard for existing facilities) and Best Available Control Technology (BACT)

, or equivalent to BACT , or theoretically

feasible measures th at may be beyond BACT

.

3.18 Composting: the cont rolled biological decomposition of organic material, under aerobic (with air) or anaerobic (without air) conditions, to form a humus-like

material.

3.19 3.16 Confined Animal Facility (CAF): a facility where an imals are corralled, penned, or otherwise cause d to remain in restrict ed areas for commercial purposes and primarily fed by a means othe r than grazing for at least forty-five (45) days in any twel ve (12) m onth period.

3.20 3.17 Contiguous or Adjacent Property: as defined in Rule 2201 (New and Modified Stationary Source Review).

3.21 3.18 Corral /Drylot/Exercise Pen/Loafing Barns/Ope n Lots : an area where animals are confined without separate st alls in which the animals may rest. (also referred to as dry lot, pen, exercise pen, loafi ng barn, saudi barn or open lot).

3.22 3.19 Dairy: a CAF that is primarily concerned with the production of milk, butter, or cheese for commercial purposes.

3.23 3.20 Day: a twenty-four hour period beginning at 12:00 a. m. and ending at midnight.

3.24 3.21 District: as defined in Rule 1020 (Definitions).

3.25 3.22 Dry Animal Waste Manure /Dry Separated Solids: animal waste manure or separated solids with less than 50% moisture , by weight , moisture

, not including any materials used fo r on-site compos ting operations.

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4570 - 4 Revised Proposed Rule 4570 3.26 Dry Rolled Corn: any co rn that is crushed between rollers without previous

treatment with steam or another softening process.

3.27 3.23 Emission Mitigation Plan: a documen t that lists and describes all VOC mitigation measures to be implemented at the CAF. The description shall be sufficiently detailed, such that another person could duplicate the measure by reading the description (e.g . for feed additives the de scription shall include the

name of the additive used and the amount of the additive used).

3.28 3.24 EPA: the United States Environm ental Protection Agency or any person designated to act on its behalf.

3.29 3.25 Facility: a source or group of air pollution sources locate d on one or more properties that are contiguous, adjacent, or separated only by a public right-ofway and are under common ownership, co mmon control, or operated by entities that are under common ownership or contro l. A facility includes, but is not limited to, all barns, buildings, coops, corra ls, feed storage ar eas, installations, milking parlors, structures, and systems fo r the collection, dist ribution, storage,

and treatment of animal waste manure on the properties.

3.30 3.26 Feed Bunk: the area wh ere feed is placed for th e animals to eat the feed.

3.31 Feedlanes: the area in which the animal stands while eati ng feed. This area may

also be referred to as a fl ush or scrape concrete lane.

3.32 3.27 Freestall Barn : a structure for housing anim als in which the animals are contained in pens under a r oof and have free access to feed bunks, waterers, and stalls for resting.

3.33 High Moisture Corn: corn which, at ha rvest, has a kernel moisture of greater
than 25%.

3.34 3.28 In-corral Moun ds: mounds of animal waste manure and/or soil which are constructed, designed, ma intained, and operated by th e owner/operator to allow animals to have a dry area to la y and rest during the wet season.

3.35 3.29 Lagoon: a basin constructed, mainta ined, and operated to store and treat

animal waste manure . This does not include basins primarily used to collect

runoff and stormwater.

3.36 3.30 Land Incorporate: use of a method, su ch as tilling, inject ing, or plowing,

that covers animal waste manure with soil.

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4570 - 5 Revised Proposed Rule 4570 3.37 Large CAF: a CAF that maintains, on any one day, at le ast the following

number of animals:

Table 1 – Large CAF Definiti on by Livestock Category Livestock Category Large CAF Definition Dairy 1,000 milking cows

Beef Feedlots 3,500 beef cattle Other Cattle Facility 7,500 calves, heifers, or other cattle Poultry Facilities

Chicken 650,000 head

Duck 650,000 head Turkey 100,000 head Swine Facility 3,000 head Horses Facility 2,500 head Sheep and Goat Facilities 15,000 head of sheep, goats, or any combination of the two Any livestock facility not

listed above 30,000 head

3.38 3.31 Licensed Veterinarian: a ve terinarian licensed by the St ate of California or a

veterinarian that is approved by the APCO, ARB, and EPA.

3.39 3.32 Livestock: any domesticat ed animal kept or rais ed for the production of eggs, milk, wool, or meat.

3.40 Mature Cow: a cow th at has had at least one calf.

3.41 Medium Dairy CAF: a dairy CAF that maintains, on any one day, at least 500 milking cows, but is not a large dairy CAF.

3.42 3.33 Milking Cow: a cow that is curre ntly producing milk (lactating).

3.43 3.34 Mitigation Measure: an activity, pract ice, or technology that reduces VOC air pollutants emitted by or associated with a CAF.

3.44 3.35 NRC: the National Research Council of the United States of America.

3.45 3.36 NRCS: the Natural Resource Cons ervation Service operated under the

United State s Department of Agriculture.

3.46 Nursery Pig: For the pur poses of this rule, any pig th at has been weaned and is less than forty-five (45) pounds in weight.

3.47 3.37 Other Cattle Facility: a CAF housing cattle that doe s not meet the definition of a Beef Feedlot or Dairy.

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4570 - 6 Revised Proposed Rule 4570 3.48 3.38 Owner/Operator: any person who owns , leases, supervises, or operates a Confined Animal Facility or equipment on such a facility.

3.49 Oxygen Barrier Film: a plastic film with an oxygen transfer rate not exceeding

200 cm 3 /(m 2 -24 hrs) as measured by ASTM D3 985 or a plastic film with an equivalent oxygen transfer rate as determined by methods approved by the

APCO and EPA.

3.50 Phase Feeding: the feed ing of multiple diets during th e nursery stage and during the grower/finisher phase.

3.51 3.39 Phototropic Lagoon: a lagoon where at least 10% of the bacteria in the lagoon are photosynthetic bacterium; the ba cteriochlorophyll a concentration is

above 1081 μ g/L; or that is designed, constr ucted, maintained, and operated according to other standards approv ed by the APCO, ARB, and EPA.

3.52 3.40 Poultry: any domesticated birds ke pt or raised for eggs or meat.

3.53 Poultry Litter: poultry excretions and bedding, including, but not limited to, dried solids, manure, urin e and bedding from chickens , turkeys, geese, or

ducks.

3.54 Poultry Molt: the periodic replacement of feathers by sh edding old feathers while producing new ones.

3.55 Processed Cereal Grain or Processed Corn: cereal gr ains or corn that have undergone one or more pro cesses to changes the underl ying chemical structure compared to the cereal grain or corn as harvested.

3.56 Rain Event: precipitation greater than 0.1 inch in 24 hours at the facility.

3.57 3.41 Separated Solids: solids removed from manure by a solid separator system, not including any materials used for onsite composting operations.

3.58 3.42 Shade Structure: a structure designed , constructed, installed, maintained, and operated to provide shade for livestock.

3.59 3.43 Solid Separator System: a system for separating solid animal waste manure from the liquid animal waste manure stream products that is designe d, installed, constructed, operated, a nd maintained in accordance with the applicable

standards in California NRCS Field Office Technical Guide Conservation

Practice Standard Code 632 or other applicable standards approved by the APCO, ARB, and EPA. Solid separato r systems may include, but are not limited to, flat belt separators, roller press separators, vibrating screen

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4570 - 7 Revised Proposed Rule 4570 separators, stationary inclined screen separators, weeping walls, and settling

basins.

3.60 Split-Sex Feeding Program : a feeding progra m that separates male and female swine after they are moved from the nurse ry and feed different diets to more closely match the nutrient require ments of the different sexes.

3.61 Steam-Flaked Cereal Grai ns: cereal grain that is processed by cooking the grain with steam under pressure and then flaki ng the resulting material through heated

rollers.

3.62 Steam-Flaked Corn: corn that is processed by cooking the corn with steam under pressure and then flaking the resu lting material through heated rollers.

3.63 3.44 Storage Pond: a basin constructed, maintained, and operated, to store animal

waste manure , after it has been treated or processed in a lagoon.

3.64 Swine: for the purposes of this rule, and determinati on of the threshold in Table 2, any weaned pig of at le ast forty-five (45) pounds in weight, such as finishing pigs and breeding stock.

3.65 3.45 USDA: the United States Departme nt of Agriculture or any person designated to act on its behalf.

3.66 3.46 VOC Control Device: a device, into which captured air is vented, that reduces the VOC content in the air prior to the air being released into the atmosphere.

3.67 3.47 Volatile Organic Compounds (VOC): as defined in Rule 1020 (Definitions).

3.68 3.48 Weatherproof Covering/Stora ge Structure: A covering, such as a building or tarp, constructed, installed, maintained , and operated such that the material inside or underneath the covering is not moved or moistened by weather conditions outside of the covering includi ng, but not limited, to wind and rain. The covering shall be maintained accord ing to manufacturer recommendations

and adhere to the applicable standards in NRCS California Field Office Technical Guide (FOTG) Cons ervation Practice Standard Code s 313 or other applicable standards approved by the ARB, APCO, and EPA.

3.68 3.49 Year: any consecutive 365-day period.

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4570 - 8 Revised Proposed Rule 4570 4.0 Exemptions

4.1 Except for the recordkeeping requirements of Section 7.1 .1.1 , the provisions of this rule shall not apply to a CA F, which remains at all time s below all of the regulatory

thresholds in Table 2 1 :

Table 2 1 - CAF Thresholds for Regulation

Livestock Category Regulatory Threshold Through (rule adoption date) Regulatory Threshold On and after (day after rule adoption date) Dairy 1,000 milking cows 500 milking cows

Beef Feedlots 3,500 beef cattle 3,500 beef cattle

Other Cattle Facility 7,500 calves, heifers, or other

cattle 7,500 calves, heifers, or other

cattle Poultry Facilities

Chicken 650,000 head 400,000 head

Duck 650,000 head 400,000 head Turkey 100,000 head 100,000 head Swine Facility 3,000 head 3,000 head Horses Facility 3,000 head 3,000 head Sheep and Goat

Facilities 15,000 head of sheep, goats, or any combination of the two 15,000 head of sheep, goats, or any combination of the two Any livestock facility

not listed above 30,000 head 30,000 head

5.0 Requirements

5.1 Permit Requirements:

5.1.1 Owner/operators shall obtain a Permit-to-Operate for the facility.

5.1.2 A thirty-day (30) public notic ing and commenting period shall be required for all large CAFs receivi ng their initial Permit-to-Operate or Authority-to-Construct.

5.1.3 Facility Emission Mitigation Plan

The owner/operator shall submit a fac ility emission mitigation plan as part of the Permit-to-Operate app lication or Authority-to-Construct application. The mitigation plan shall contain the following information:

5.1.3.1 The name, bus iness address, and phone number of the owners/operators responsible for the preparation and the

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4570 - 9 Revised Proposed Rule 4570 implementation of the mitigatio n measures listed in the mitigation plan.

5.1.3.2 The signature of the owners/ operators attesting to the accuracy of the information provided and adherence to implementing the activities specified in the mitigation plan at all times and the date that the application was signed.

5.1.3.3 A list of all mitigation measur es chosen to comply with Rule 4570 requirements.

5.1.3.3.1 The mitigation measures shall be chosen from the applicable portions of Sections 5.5 or 5.6.

5.1.3.3.2 The owner/operator of CA Fs that are not a dairy, beef feedlot, other cattle, swine, or poultry operations shall submit a mitigation plan de monstrating facility-wide reductions of at least 30% or submit a mitigation plan

that adheres to all of the requirements of Sections 5.5 or 5.6, whichever section best fits the facility.

5.1.3.3.3 Owners/opera tors may substitute a mitigation measure from one section in the applicable table (Tables 3.1 through 4.6) for a mitiga tion measure in another section of the applicable table, provided it is

demonstrated that the subs titution would result in equal or greater emission reducti ons. Alternative mitigation measures must be approved prior to initial use.

5.1.3.3.4 In lieu of compliance w ith Section 5.1.3.3.1, Section 5.1.3.3.2, or Section 5.1. 3.3.3, an owner/operator may demonstrate that facility-wide reductions are equal to that which the comp liance with those sections

would have achieved.

5.1.4 Facility Emission Inventory

The Permit-to-Operate application or Au thority-to-Construct application shall include the following informa tion, which is in additi on to the facility emission mitigation plan:

5.1.4.1 The maximum number of animals at the facility in each production stage (facility capacity).

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4570 - 10 Revised Proposed Rule 4570 5.1.4.2 Any other information necessary for the District to prepare an emission inventory of all regulated air pollutants emitted from the facility, as dete rmined by the APCO.

5.1.5 The approved mitigation measures from the facility’s mitigation plan will be listed on the Permit-to-Operate or Authority-to-Construct as permit

conditions.

5.1.6 The District shall act upon the Au thority to Construct application or Permit-to-Operate application within six (6) months of receiving a complete application.

5.2 Permit Renewal/Change

5.2.1 Renewal - The District shall review each plan/p ermit at least once every three (3) years and update to refl ect changes in the operation and feasibility of mitigation measures.

5.2.2 Change to Permit – If a temporary su spension of one or more mitigation measure provided for in Section 5.4 continues beyond the allowed suspension period:

5.2.2.1 The owners/operators shall, with in that allowed period, submit a new emission mitigation plan desi gnating a mitigation measure to be implemented in lieu of th e mitigation measure that was suspended; and

5.2.2.2 The owner/operator shall obtai n approval of the amended mitigation plan from the APCO and EPA by submittal of an Authority-to-Construct application.

5.1 Owners/operators of any CAF shall s ubmit, for approval by the APCO, a permit application for each Confined Animal Facility.

5.2 Owners/operators of any CAF shall include an emission mitigation plan within the permit application that lists the VOC mi tigation measures that the facility will use to comply with all applicable requirements of S ections 5.6 through

5.13.

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4570 - 11 Revised Proposed Rule 4570 5.3 Mitigation Measure Implementation

5.3 Owners/operators of any CAF shall im plement all VOC emission mitigation measures, as contained in the permit application, on a nd after 365 days from the permit issuance date of issuance of either th e Authority-to-Construct or the Permit-to-Operate, wh ichever is sooner

.

5.4 Temporary Suspension of Mitigation Measures

5.4 Notwithstanding Section 5 .3, a A n owner/operator may temporarily suspend use of mitigation measure(s) provided a ll of the following requirements are met:

5.4.1 It is determined by a licensed veterinarian, certified nutritionist, CDFA, or USDA that any mitigation measure being suspended is detrimental to animal health or necessary for the animal to molt, and a signed written copy of this determination shall be retained on-site and made available for inspection upon request,

5.4.2 The owner/operator notifies the Dist rict, within forty-eight (48) hours of the determination that the mitiga tion measure is being temporarily suspended; the specific health condition requiri ng the mitigation measure to be suspended; and the duration th at the measure mu st be suspended for animal health reasons,

5.4.3 The emission mitigation measure is not suspended for longer than recommended by the licensed veterinarian or certified nutritionist for animal health reasons,

5.4.4 If such a situation exists, or is ex pected to exist for longer than thirty (30) days, the owners/operators shall, within that thirty (30) day period, submit a new emission mitigation plan designating a mitigation measure to be implemented in lieu of the mi tigation measure that was suspended,

and

5.4.5 The APCO, ARB, and EPA approve the temporary suspension of the mitigation measure for the time peri od requested by the owner/operator and a signed written copy of this determ ination shall be retained on-site.

5.5 Notwithstanding Sections 5.3 and 5.4, poultry CAF owners/operators may temporarily suspend utilization of a f eed mitigation measure(s) for poultry producing eggs for co mmercial purposes provided all of the following requirements are met:

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4570 - 12 Revised Proposed Rule 4570 5.5.1 It is determined by a cer tified nutritionist or licensed veterinarian that

suspen sion of the mitigation measure is necessary for the animal to molt.

5.5.2 The owners/operators notify the District, within forty

- eight (48) hours of

the determination that a measure is being temporarily suspended and the

duration for which the measure mu st be suspended fo r the animal to molt,

5.5.3 If such a situation exists, or is expe cted to exist for longer than twenty (20) days, the owners /operators shall, within th at twenty (20) day period, submit a new emission mitigation plan designating a mitiga tion measure to be implemented in lieu of the mi tigation measure that was suspended,

5.5.4 The emission mitigation measure is not suspended for longer than recommended by the licensed veterinarian or certified nutritionist for the animal to molt, and

5.5.5 The APCO, ARB, and EPA approve th e temporary suspension of the mitigation measure for the time peri od requested by the owner/operator.

5.5 Phase I Mitigation Meas ures: Owners/operators of large CAFs shall comply with the following Phase I Mitigation M easures in Section 5.5 until compliance with all applicable Phase II Mitigation Measures in S ection 5.6 is demonstrated

in accordance with th e compliance schedule in Section 8.0.

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4570 - 13 Revised Proposed Rule 4570 5.5.1 5.6 Dairy CAF: Owners/operators of a large Dairy CAF shall also comply with the following applicable Phase I requirements in Table 3.1 :

Table 3.1 2 –Large Dairy CAF Phase I Mitigation Measure Requirements A. Owners/operators shall incorporate at leas t four (4) of the fo llowing feed mitigation

measures: Class One Mitigation Measures

1. a. Feed according to National Research Council (NRC) guidelines.

2. a. Feed animals high moisture corn or steam-flaked corn an d not feed animals dry rolled

corn. 3. a. At least once every fourteen (14) days remove feed from the ar ea where animals stand

to eat feed.

4. a. At least once every four teen (14) days remove spilled feed from the area where equipment travels to pla ce feed in the feed bunk.

5. a. Remove uneaten wet feed from feed bu nks within twenty-four (24) hours of a rain

event.
6. a. Feed or dispose of rations within forty-eight (48) hours of grinding and mixing

rations.

7. a. Store grain in a weatherproof stor age structure from October through May.

8. a. Implement an alternative mitig ation measure(s), not listed above.

B. Owners/operators shall inco rporate at least one (1) of the following feed mitigation

measures: Class One Mitigation Measures

1. a. Cover the horizontal surface of silage piles, except for the ar ea where feed is being removed from the pile.

2. a. Collect leachate from the silage piles and send it to a waste treatment system such as a lagoon at least once every tw enty-four (24) hours.

3. a. Implement an alternative mitig ation measure(s), not listed above.

Class Two Mitigation Measures

4. a. Enclose silage in a bag and vent to a VOC contro l device with a combined VOC capture and VOC control efficiency of at least 80%, or b. Enclose silage in a weathe rproof structure and vent to a VOC control de vice with a combined VOC capture and VOC contro l efficiency of at least 80%, or c. Eliminate silage from animal diet. Continues on the next page

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4570 - 14 Revised Proposed Rule 4570 Table 3.1 2 –Large Dairy CAF Phase I Mitigation Measure Requirements (continued) C. Owners/operators shall incor porate at least one (1) of the following mitigation measures in each milk parlor: Class One Mitigation Measures

1. a. Flush or hose milk parlor immediatel y prior to, immediately after, or during each milking.

2. a. Implement an alternative mitig ation measure(s), not listed above.
Class Two Mitigation Measures

3. a. Enclose and vent the milk parlor to a VOC control device with an overall VOC capture and VOC control efficiency of at least 80% when animal s are in the parlor.

D. Owners/operators housing animals in freestalls shall incorporate at least two (2) of the following mitigation measures in each freestall barn: Class One Mitigation Measures

1. a. Vacuum or scrape free stall flush lanes immediately pr ior to, immediately after, or during each milking.

2. a. Inspect water pipes and troughs and repair leaks at le ast once every fourteen (14) days.

3. a. Use non- animal waste manure -based bedding and non-se parated solids based bedding
for at least 90% of the beddi ng material, by weight, for freestalls (e.g. rubber mats, almond hulls, sand, or waterbeds).

4. a. Remove animal waste manure that is not dry from indi vidual cow freestall beds at least once every fourteen (14) days.

5. a. Rake, harrow, scrape , or grade bedding in freestalls at least once every fourteen (14) days.

6. a. Use a dry an imal waste manure handling system, such as sc raping, instead of a liquid

animal waste manure handling system, such as a flush system.

7. a. Have no animals in exercise pe ns, corrals, or drylots at any time.

8. a. Flush freestalls more freque ntly than the milking schedule.

9. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

10. a. Vacuum animal waste manure instead of flushing or scraping and apply animal waste

manure directly to land either through injec tion or incorporation within seventy-two

hours of removal from animal housing or vacuum truck. Continues on the next page

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4570 - 15 Revised Proposed Rule 4570 Table 3.1 2 –Large Dairy CAF Phase I Mitigation Measure s Requirements (continued ) E. Owners/operators housing animals in corrals shall incorporate at least six (6) of the following mitigation measures in each corral wh ere animals have been housed in the last thirty (30) days: Class One Mitigation Measures

1. a. Clean animal waste manure from corrals at least four (4) times per year with at least sixty (60) days betw een cleaning, or

b. Clean corrals at least on ce between April and July and at least once between October and December, or

c. Clean concreted areas such that the depth of animal waste manure does not exceed twelve (12) inches at any point or time, except for in-corral mounding.

2. a. Manage corrals such that the animal waste manure depth in the corral does not exceed twelve (12) inches at any time or po int, except for in-corral mounding.

3. a. Knockdown fence line an imal waste manure build-up prior to it exceeding a height of twelve (12) inches at any time or point.

4. a. Scrape or flush feed aprons in corrals at least once every seven (7) days.

5. a. Slope the surface of the pens at least 3% where the available sp ace for each animal is 400 square feet or less . Slope the surface of the pens at least 1.5% where the available space for each animal is more than 400 square feet per animal.

6. a. Maintain corrals to ensure drainage a nd prevent water from standing more than fortyeight (48) hours after a storm, or b. Maintain corrals and drylots so that th ere are not indentions in the surface where puddles may form and remain for mo re than forty-eight (48) hours.

7. a. Install floats on the troughs or use another method approved by the APCO, ARB, and EPA to ensure that the water in the troughs does not intentionally or unintentionally overflow or spill onto an earthen ground.

8. a. Inspect water pipes and troughs and repair leaks at le ast once every fourteen (14) days.

9. a. Harrow, rake, or sc rape pens sufficiently to maintain a dry surface.

10. a. Install no shade stru ctures in the corrals, or

b. Install shade structures su ch that they are constructed with a light permeable roofing material, or

c. Install all shade st ructures uphill of any slope in the corral.

11. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

12. a. Use lime or a similar absorbent material in the pens according to the manufacturer's

recommendations to minimize mo isture in the pens, or b. Apply thymol to corral soil in accord ance with the manufacturer's recommendation.

13. a. House animals in an en closure vented to a VOC contro l device with a combined VOC capture and VOC control effi ciency of at least 80%. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 16 Revised Proposed Rule 4570 Table 3.1 2 –Large Dairy CAF Phase I Mitigation Measure s Requirements (continued ) F. Owners/operators that handle or store solid animal waste manure or separated solids outside the animal housing shall incorporate at least two (2) of the following mitigation

measures: Class One Mitigation Measures

1. a. Cover dry animal waste manure piles outside the pens wi th a weatherproof covering from October through May, exce pt for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering.

2. a. Cover dry sepa rated solids outside the pens with a weatherproof covering from October through May, except for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering.

3. a. Remove animal waste manure from the facility within seventy-two (72) hours of removal from the pens or corrals.

4. a. Remove separated solids from the facility w ithin seventy-two (72) hours of separation with a solid separation system, or

b. Store no separated solids outside of anaerobic digesters or aerobic digesters.

5. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

6. a. Compost animal waste manure removed from pens with an aer ated static pile vented to

a VOC control device with an overall VOC ca pture and VOC control efficiency of at
least 80%.

7. a. Store all removed animal waste manure in an enclosure vented to a VOC control device with an overall VOC cap ture and VOC control effi ciency of at least 80%.

8. a. Send at least 51% of the animal waste manure removed from animal housing to a digester, with a VOC control device with an overall VOC capture and VOC control efficiency of at least 80%.

G. Owners/operators that handle animal waste manure in a liquid form shall incorporate at least one (1) of the following mitigation measures: Class One Mitigation Measures

1. a. Manage the facility such that there are no lagoon s, as defined in Section 3.29 3.30 , at the facility.

2. a. Use phototrop h ic lagoon, or b. Use an anaerobic treatment lagoon th at is not mechan ically aerated.

3. a. Remove solids from the wa ste system with a solid separa tor system, prior to the waste entering the lagoon.

4. a. Maintain lagoon pH between 6.5 and 7.5.

5. a. Implement an alternative m itigation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 17 Revised Proposed Rule 4570 Table 3.1 2 –Large Dairy CAF Phase I Mitigation Measure s Requirements (continued ) Class Two Mitigation Measures

6. a. Use an aerobic lagoon, or b. Use an anaerobic treatment lagoon that is mechanically aerated.

7. a. Maintain organic loading in the lagoon such th at the total solids is less than 3.5 mg (dry weight)/mL, or total volatile solids is less than 3.5 mg/mL.

8. a. Use additional non-standard equipment or chemicals on the so lid separator system, such as roller or screw presses or chemical coagulants and flocculants, that increase the percent of solid separati on achieved by the separator a nd that is approved by the APCO, ARB, and EPA.

9. a. Cover the lagoon or stor age pond and vent to a VOC c ontrol device with an overall VOC capture and VOC control efficiency of at least 80%.

H. Owners/operators who land apply dry or liquid animal waste manure to crop land on the facility shall incorporate at least two (2) of the following mitigation measures: Class One Mitigation Measures

1. a. Land incorporate all solid animal waste manure within seventy-tw o (72) hours of removal from animal housing.

2. a. Only apply solid or liquid animal waste manure that has been treated with an anaerobic or aerobic lagoon or digester system.

3. a. Allow liquid animal waste manure to stand in the fields no more than twenty-four (24) hours after irrigation, or b. Apply no liquid animal waste manure

. 4. a. Apply no solid animal waste manure with a moisture content of more than 50%, or b. Apply no solid animal waste manure

. 5. a. Implement an alternative m itigation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 18 Revised Proposed Rule 4570 5.5.2 5.7 Beef Feedlots: Owners/operators of a large CAF that is a Beef

Feedlot shall also comply with the followin g applicable Phase I requirements in Table 3.2 :

Table 3.2 - Beef Feedlot Phase I Mitigation Measure Requirements A. Owners/operators shall inco rporate at least five (5) of the following feed mitigation

measures: Class One Mitigation Measures

1. a. Feed according to National Research Council (NRC) guidelines.

2. a. Feed animals with high moisture corn or steam-flaked corn and not feed animals dry

rolled corn.

3. a. At least once every fourteen (14) days remove feed from the ar ea where animals stand

to eat.
4. a. At least once every four teen (14) days remove spilled feed from the area where equipment travels to pla ce feed in the feed bunk.

5. a. Remove uneaten wet feed from feed bun ks within twenty-four (24) hours of a rain

event.
6. a. Feed or dispose of rations within fort y-eight (48) hour of gr inding and mixing rations.

7. a. Store grain in a weatherproof stor age structure from October through May.

8. a. Implement an alternative m itigation measure(s), not listed above.

B. Owners/operators shall incorporate at le ast one (1) of the fo llowing feed mitigation

measures: 1. a. Cover the horizontal surface of silage piles, except for the ar ea where feed is being removed from the pile.

2. a. Collect leachate from the silage piles a nd send it to a waste treatment system, such as a lagoon, at least once every twenty-four (24) hours.

3. a. Implement an alternative m itigation measure(s) not listed above. Class Two Mitigation Measures

4. a. Enclose silage in a bag and vent to a VOC contro l device with a combined VOC capture and VOC control efficiency of at least 80%, or b. Enclose silage in a weathe rproof structure and vent to a VOC control de vice with a combined VOC capture and VOC contro l efficiency of at least 80%, or c. Eliminate silage from animal diet. Continues on next page

# REVISED PROPOSED October 21, 2010

4570 - 19 Revised Proposed Rule 4570 Table 3.2 - Beef Feedlot Phase I Mitigation Measure Requirements (continued) C. Owners/operators shall incorpor ate at least seven (7) of the following mitigation measures in each of the animal housing structures (e.g. each corral, pen, etc.): Class One Mitigation Measures

1. a. Clean animal waste manure from pens at least once be tween April and July and at least once between October and December of each year.

2. a. Manage pens such that the animal waste manure depth in the pen does not exceed eighteen (18) inches at any time or point, except for in-corral mounds.

3. a. Knockdown fence line animal waste manure build-up prior to it exceeding a height of twelve (12) inches at any time or point.

4. a. Slope the surface of the pens at least 3% where the available sp ace for each animal is 400 square feet or less. Slope the surfac e of the pens at le ast 1.5% where the available space for each animal is more than 400 square feet per animal.

5. a. Maintain pens to ensure drainage a nd prevent water from standing more than fortyeight (48) hours after a storm, or b. Prior to placing cattle in pe ns, scrape or smooth the pen fl oors such that there are not indentions where puddles may fo rm and remain for more than forty-eight (48) hours.

6. a. Install floats on the troughs or use anot her method approved by the APCO, ARB, and EPA to ensure that the water in the troughs does not intentiona lly or unintentionally overflow or spill onto an earthen ground.

7. a. Inspect water pipes and troughs and repair leaks at le ast once every fourteen (14) days.

8. a. Harrow, rake, or scrape pens sufficiently to maintain a dry surfac e, unless the corrals have not held animals in the last thirty (30) days.

9. a. Clean the area where the animals stand to consume feed such that the depth of animal

waste manure in this area does not exceed twelve (12) inches at any time or point.

10. a. Use a dry animal waste manure handling system, such as sc raping, instead of a liquid

animal waste manure handling system, such as a flush system.

11. a. Install no shade stru ctures in the corrals, or

b. Install shade structures su ch that they are constructed with a light permeable roofing material, or

c. Install shade structures such that situated so that they are uphill of any slope in the

corral.

12. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

13. a. Use lime or a similar absorbent material in the pens according to the manufacturer's recommendation to minimize moisture in the pens, or b. Apply thymol to the feedlot soil in accordance with the manufacturer's

recommendation. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 20 Revised Proposed Rule 4570 Table 3.2 - Beef Feedlot Phase I Mitigation Measure Requirements (continued) D. Owners/operators that handle or store solid animal waste manure or separated solids outside the animal housing shall incorporate at leas t one (1) of the following mitigation measures: Class One Mitigation Measures

1. a. Cover dry animal waste manure piles outside the pens wi th a weatherproof covering from October through May, exce pt for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering, or b. Store no dry animal waste manure piles outside the pens fr om October through May.

2. a. Remove animal waste manure from the facility within seventy-two (72) hours of removal from the pens.

3. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

4. a. Compost animal waste manure removed from pens with an aer ated static pile vented to

a VOC control device with an overall VOC ca pture and VOC control efficiency of at
least 80%.

5. a. Store all removed animal waste manure in an enclosure vented to a VOC control device with an overall VOC cap ture and VOC control effi ciency of at least 80%.

6. a. Send at least 51% of the animal waste manure removed from the animal housing to a digester, with a VOC control device with an overall VOC capture and VOC control efficiency of at least 80%.

7. a. Use a slatted floor system (slatted floor s over deep pits or sha llow flush alleys), with daily animal waste manure removal.

E. Owners/operators that handle animal waste manure in a liquid form shall incorporate at least one (1) of the following mitigation measures: Class One Mitigation Measures

1. a. Manage the facility such that there are no lagoon s, as defined in Section 3.29 3.30 , at the facility.

2. a. Use phototrop h ic lagoon, or b. Use an anaerobic treatment lagoon th at is not mechan ically aerated.

3. a. Remove solids from the wa ste system with a solid separa tor system, prior to the waste stream entering the lagoon.

4. a. Maintain lagoon pH between 6.5 and 7.5.

5. a. Implement an alternative m itigation measure(s), not listed above. Continues on next page

# REVISED PROPOSED October 21, 2010

4570 - 21 Revised Proposed Rule 4570 Table 3.2 - Beef Feedlot Phase I Mitigation Measure Requirements (continued) Class Two Mitigation Measures

6. a. Use an aerobic lagoon, or b. Use an anaerobic treatment lagoon that is mechanically aerated.

7. a. Maintain organic loading in the lagoon that is less than 3.5 mg (dry weight)/mL, or total volatile solids is less than 3.5 mg/mL.

8. a. Use additional non-standard equipment or chemicals on the so lid separator system, such as roller or screw presses or chemical coagulants and flocculants, that increase the percent of solid separati on achieved by the separator a nd that is approved by the APCO, ARB, and EPA.

9. a. Cover the lagoon and vent to a VOC c ontrol device with an ov erall VOC capture and VOC control efficiency of at least 80%.

F. Owners/operators who land apply dry or liquid animal waste manure to crop land on the facility shall incorporate at least (2) two of the fo llowing mitigation measures: Class One Mitigation Measures

1. a. Land incorporate all animal waste manure within seventy-two ( 72) hours of removal from animal housing.

2. a. Only apply solid or liquid animal waste manure that has been treated with an anaerobic or aerobic lagoon or digester system.

3. a. Allow liquid animal waste manure to stand in the fields no more than twenty-four (24) hours after irrigation, or

b. Apply no liquid animal waste manure

. 4. a. Apply no solid animal waste manure with a moisture content of more than 50%, or b. Apply no solid animal waste manure

. 5. a. Implement an alternative m itigation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 22 Revised Proposed Rule 4570 5.5.3 5.8 Other Cattle CAF: Owners /operators of a large CAF that is an Other Cattle Facility shall also comply with the following applicable Phase I requirements in Table 3.3 :

Table 3.3 4 –Other Cattle Phase I Mitigation Measure Requirements A. Owners/operators shall incorporate at leas t five (5) of the follo wing feed and silage mitigation measures: Class One Mitigation Measures

1. a. Feed according to Nationa l Research Council (NRC) guidelines.

2. a. Feed animals high moisture corn or stea m-flaked corn and not feed animals with dry

rolled corn.

3. a. At least once every fourteen (14) days remove feed from the ar ea where animals stand

to eat feed.

4. a. At least once every four teen (14) days remove spilled feed from the area where equipment travels to pla ce feed in the feed bunk.

5. a. Remove uneaten wet feed from feed bu nks within twenty-four (24) hours of a rain

event.
6. a. Feed or dispose of rations within fort y-eight (48) hour of gr inding and mixing rations.

7. a. Store grain in a weatherproof stor age structure from October through May.

8. a. Implement an alternative m itigation measure(s), not listed above.

B. Owners/operators shall inco rporate at least one (1) of the following feed mitigation

measures: Class One Mitigation Measures

1. a. Cover the horizontal surface of silage piles, except for the ar ea where feed is being removed from the pile.

2. a. Collect leachate from the silage piles and send it to a waste treatment system such as a lagoon at least once every tw enty-four (24) hours.

3. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

4. a. Enclose silage in a bag and vent to a VOC contro l device with a combined VOC capture and VOC control efficiency of at least 80%, or b. Enclose silage in a weathe rproof structure and vent to a VOC control de vice with a combined VOC capture and VOC contro l efficiency of at least 80%, or c. Eliminate silage from animal diet. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 23 Revised Proposed Rule 4570 Table 3.3 4 –Other Cattle Phase I Mitigation Measure Requirements (continued) C. Owners/operators shall incor porate at least seven (7) of th e following mitigation measures in each animal housing structure (e.g. corral, freestalls, pens, etc.): Class One Mitigation Measures

1. a. Vacuum, scrape, or flush freestalls at least once every four teen (14) days (only applies

to facilities w ith freestalls).

2. a. Inspect water pipes and troughs and repair leaks at le ast once every fourteen (14) days.

3. a. Use non- animal waste manure -based bedding and non-se parated solids based bedding
for at least 90% of the beddi ng material, by weight, for freestalls (e.g. rubber mats, almond hulls, sand, or waterbeds).

4. a. Remove animal waste manure that is not dry from indivi dual cow freestall beds daily (only applies to facili ties with freestalls).

5. a. Rake, harrow, sc rape, or grade bedding in freestalls at least once every fourteen (14) days (only applies to f acilities with freestalls).

6. a. Use a dry animal waste manure handling system, such as sc raping, instead of a liquid

animal waste manure handling system such as flushing.

7. a. Have no animals in exercise pe ns, corrals, or drylots at any time.

8. a. Clean animal waste manure from corrals and pens at le ast once between April and July

and at least once between Oct ober and December of each year.

9. a. Manage pens such that the animal waste manure depth in the pen does not exceed eighteen (18) inches at any time or point, except for in-corral mounds.

10. a. Knockdown fence line animal waste manure build-up prior to it exceeding a height of twelve (12) inches at any time or point.

11. a. Scrape or flush feed aprons in a ll corrals at least once every seven (7) days.

12. a. Slope the surface of the pens at least 3% where the available sp ace for each animal is 400 square feet or less. Slope the surfac e of the pens at le ast 1.5% where the available space for each animal is more than 400 square feet per animal.

13. a. Maintain pens and corrals to ensure drainage and prevent wa ter from standing more than forty-eight (48) hours after a storm, or b. Prior to placing cattle in pens or corrals, scrape or smooth the pen floors such that there are not indentions where puddles may form and remain for over forty-eight (48)

hours.

14. a. Install floats on the troughs or use anot her method approved by the APCO, ARB, and EPA to ensure that the water in the troughs does not intentiona lly or unintentionally overflow or spill onto the earthen ground.

15. a. Harrow, rake, or scrape pens and corrals sufficiently to maintain a dry surface, unless the pens have not held animals in the last thirty (30) days. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 24 Revised Proposed Rule 4570 Table 3.3 4 –Other Cattle Phase I Mitigation Measure Requirements (continued)

16. a. Clean the area where the animals stand to consume feed such that the depth of animal

waste manure does not exceed twelve (12) inches at any time or point.

17. a. Use a dry animal waste manure handling system, such as sc raping, instead of a liquid

animal waste manure handling system such as a flush system.

18. a. Install no shade stru ctures in the corrals, or

b. Install shade structures su ch that they are constructed with a light permeable roofing material, or

c. Install shade structures such that situated so that they are uphill of any slope in the

corral.

19. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

20. a. Vacuum animal waste manure instead of flushing or scraping and apply animal waste

manure directly to land either thr ough injection or incorporation.

21. a. Use lime or a similar absorbent material in the pens and corr als according to the

manufacturer's recommendations to mi nimize moisture in the pens, or b. Apply thymol to the pen and corral soil in accordance with the manufacturer's

recommendation.

22. a. House animals in an en closure vented to a VOC contro l device with a combined VOC capture and VOC control effi ciency of at least 80%.

D. Owners/operators that handle or store solid animal waste manure or separated solids outside the animal housing shall incorporate at least one (1) of the following mitigation

measures: Class One Mitigation Measures

1. a. Cover dry animal waste manure piles outside the pens wi th a weatherproof covering from October through May, exce pt for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering, or

b. Store no dry animal waste manure piles outside of animal housing from October through May.

2. a. Remove animal waste manure from the facility within seventy-two (72) hours of removal from the pens.

3. a. Implement an alternative m itigation measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 25 Revised Proposed Rule 4570 Table 3.3 4 –Other Cattle Phase I Mitigation Measure Requirements (continued) Class Two Mitigation Measures

4. a. Compost anima l waste manure removed from pens with an aer ated static pile vented to

a VOC control device with an overall VOC ca pture and VOC control efficiency of at
least 80%.

5. a. Store all removed animal waste manure in an enclosure vented to a VOC control device with an overall VOC cap ture and VOC control effi ciency of at least 80%.

6. a. Send at least 51% of the animal waste manure removed from the animal housing to a digester with a VOC control device with an overall VOC capture and VOC control efficiency of at least 80%.

7. a. Use a slatted floor system (slatted floor s over deep pits or sha llow flush alleys), with daily animal waste manure removal.

E. Owners/operators that handle animal waste manure in a liquid form shall incorporate at least one (1) of the following mitigation measures: Class One Mitigation Measures

1. a. Manage the facility such that there are no lagoon s, as defined in Section 3.29 3.30 , at the facility.

2. a. Use phototrop h ic lagoon, or b. Use an anaerobic treatment lagoon th at is not mechan ically aerated.

3. a. Remove solids from the waste system with a solid separator separation system.

4. a. Maintain lagoon pH between 6.5 and 7.5.

5. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

6. a. Use an aerobic lagoon, or b. Use an anaerobic treatment lagoon that is mechanically aerated.

7. a. Maintain organic loading in the lagoon that is less than 3.5 mg (dry weight)/mL, or total volatile solids is less than 3.5 mg/mL.

8. a. Use additional non-standard equipment or chemicals on the so lid separator system, such as roller or screw presses or chemical coagulants and flocculants, that increase the percent of solid separati on achieved by the separator a nd that is approved by the APCO, ARB, and EPA.

9. a. Cover the lagoon and vent to a VOC c ontrol device with an ov erall VOC capture and VOC control efficiency of at least 80%. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 26 Revised Proposed Rule 4570 Table 3.3 4 –Other Cattle Phase I Mitigation Measure Requirements (continued) F. Owners/operators who land apply dry or liquid animal waste manure to crop land on the facility shall incorporate at least (2) two of the fo llowing mitigation measures: Class One Mitigation Measures

1. a. Land incorporate all animal waste manure within seventy-two (72) hours of removal from animal housing.

2. a. Only apply animal waste manure that has been treated with an anaerobic or aerobic lagoon or digester system.

3. a. Allow liquid manure to stand in the fiel ds no more than twenty -four (24) hours after irrigation, or b. Apply no liquid animal waste manure

. 4. a. Apply no solid animal waste manure with a moisture content of more than 50%, or b. Apply no solid animal waste manure

. 5. a. Implement an alternative m itigation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 27 Revised Proposed Rule 4570 5.5.4 5.9 Swine CAF: Owners/operators of a Large CAF that is a Swine Facility shall also comply with the following applicable Phase I requirements in Table 3.4 :

Table 3.4 5 –Swine Phase I Mitigation Measure Requirements A. Owners/operators shall incorporate at leas t five (5) of the follo wing feed and silage mitigation measures: Class One Mitigation Measures

1. a. Feed according to Nationa l Research Council (NRC) guidelines.

2. a. Feed animals probiotics designed to improve digestion according to manufacturer

recommendations.

3. a. Feed animals at least 5% cellulose.

4. a. Feed animals a casein based diet.

5. a. Feed animals an amino acid- supplemented diet with 2% sucrose thermal oligosaccharide caramel.

6. a. Feed animals a diet with no more than ten percent (10% ) crude protein with supplemented lysine, threonine , tryptophan, and methionine.

7. a. Feed animals 10 ppm anthraquinone.

8. a. Remove spilled from the facility at least once every fourteen (14) days.

9. a. Remove uneaten wet feed from the housing within twenty-four (24) hours of a rain

event.
10. a. Feed or dispose of rations within fort y-eight (48) hour of gr inding and mixing rations.

11. a. Store grain in a weatherproof stor age structure from October through May.

12. a. Implement an alternative m itigation measure(s), not listed above.

B. Owners/operators shall incorpor ate at least five (5) of the following mitigation measures in each animal housing unit: Class One Mitigation Measures

1. a. Clean animal waste manure from the housing at least twice every fourteen (14) days.

2. a. Manage pens such that the animal waste manure depth in the pen does not exceed eighteen (18) inches at any time or point.

3. a. Slope the surface of the pens at least 3% where the available sp ace for each animal is 400 square feet or less. Slope the surface of the pens at leas t 1.5% where the available space for each animal is more than 400 square feet per animal.

4. a. Install floats on the troughs or use drinkers that do not drip or another method approved by the APCO, ARB, and EPA to ensu re that the water in the troughs does not intentionally or unintentionally ove rflow or spill onto an earthen ground. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 28 Revised Proposed Rule 4570 Table 3.4 5 –Swine Phase I Mitigation Measure Requirements (continued)

5. a. Inspect water pipes and troughs and repair leaks at le ast once every fourteen (14) days.

6. a. Use a slatted floor system (slatted floor s over deep pits or sha llow flush alleys), with daily animal waste manure removal.

7. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

8. a. Use lime or a similar absorbent material in the pens according to the manufacturer's recommendations to minimize moisture in the pens.

9. a. House animals in an enclosure vented to a VOC control device with a combined VOC capture and VOC control effi ciency of at least 80%

10. a. House animals in a tunnel ventilated house with mechanical ventilation.

C. Owners/operators that handle or store solid animal waste manure or separated solids outside the animal housing shall incorporate at least one (1) of the following mitigation

measures: Class One Mitigation Measures

1. a. Cover dry animal waste manure and separated solids out side the pens with a weatherproof covering from October through May except for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering.

2. a. Remove animal waste manure from the facility within seventy-two (72) hours of removal from the pens or corrals.

3. a. Use a dry animal waste manure handling system, such as stockpiles or solid land application, instead of a liquid system such as a flush system.

4. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

5. a. Compost a nimal waste manure removed from pens with an aerated static pile vented

to a VOC control device with an overall VOC capture and VOC control efficiency of
at least 80%.

6. a. Store all removed animal waste manure in an enclosure vented to a VOC control device with an overall VOC cap ture and VOC control effi ciency of at least 80%.

7. a. Send at least 51% of the animal waste manure removed from site to a digester with a VOC control device with an overall VOC captu re and VOC control efficiency of at least 80% control efficiency. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 29 Revised Proposed Rule 4570 Table 3.4 5 –Swine Phase I Mitigation Measure Requirements (continued) D. Owners/operators that handle animal waste manure in a liquid form shall incorporate at least one (1) of the following mitigation measures: Class One Mitigation Measures

1. a. Manage the facility such that there are no lagoon s, as defined in Section 3.29 3.30 , at the facility.

2. a. Use phototrop h ic lagoon, or b. Use an anaerobic treatment lagoon.

3. a. Remove solids from the wa ste system with a solid separa tor system, prior to the waste entering the lagoon.

4. a. Maintain lagoon pH between 6.5 and 7.5.

5. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

6. a. Use an aerobic lagoon, or b. Use a mechanically aerated lagoon.

7. a. Maintain organic loading in the lagoon that is less than 3.5 mg (dry weight)/mL, or total volatile solids is less than 3.5 mg/mL.

8. a. Use additional non-standard equipment or chemicals on the so lid separator system, such as roller or screw presses or chemical coagulants and flocculants, that increase the percent of solid separati on achieved by the separator a nd that is approved by the APCO, ARB, and EPA.

9. a. Cover the lagoon and vent to a VOC c ontrol device with an overall VOC capture and VOC control efficiency of at least 80%.

E. Owners/operators who land apply dry or liquid animal waste manure to crop land on the facility shall incorporate at least (2) two of the fo llowing mitigation measures:

Class One Mitigation Measures

1. a. Land incorporate all solid animal waste manure within seventy-tw o (72) hours of removal from animal housing, or

2. a. Only apply animal waste manure that has been treated with an anaerobic or aerobic lagoon or digester system.

3. a. Allow liquid animal waste manure to stand in the fields no more than twenty-four (24) hours after irrigation, or b. Apply no liquid animal waste manure

. 4. a. Apply no solid animal waste manure with a moisture content of more than 50%, or b. Apply no solid animal waste manure

. 5. a. Implement an alternative m itigation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 30 Revised Proposed Rule 4570 5.5.5 5.10 Poultry CAF: Owners/operators of a large CAF that is a Poultry Facility shall also comply with the following applicable Phase I requirements in Table 3.5 :

Table 3.5 6 –Poultry Phase I Mitigation Measure Requirements A. Owners/operators shall inco rporate at least five (5) of the following feed mitigation

measures: Class One Mitigation Measures

1. a. Feed according to NRC guidelines.

2. a. Feed animals probiotics designed to improve digestion according to manufacturer recommendations, or

3. a. Feed animals an amino acid-supplemented di et to meet their nutri ent requirements, or

4. a. Feed animals feed add itives such as amylas e, xylanase, and protease, designed to maximize digestive efficiency accord ing to manufacturer recommendations.

5. a. Remove spilled feed from housi ng at least once every seven (7) days.

6. a. Enclose grain in a weatherproof st orage structure from October through May.

7. a. Feed or dispose of feed within fort y-eight (48) hour of grinding and mixing feed.

8. a. Use feed additives desi gned to reduce feed decompositi on or oxidization (the process were one or more electrons are removed from a molecule).

9. a. Remove uneaten wet feed from the housing within twenty-four (24) hours of a rain

event.
10. a. Implement an alternative m itigation measure(s), not listed above.

B. Each poultry house shall inco rporate at least four (4) of the following mitigation measures: Class One Mitigation Measures

1. a. Remove caked animal waste manure/litter at least once every fourteen (14) days.

2. a. Clean under poultry cages at le ast once every fourteen (14) days.

3. a. Use poultry litter additive s designed to reduce air emissi ons or moisture content in litter, such as aluminum sulfate or sodi um bisulfate, according to manufacturer

recommendations.

4. a. Use a dry housing cleani ng method at all times, except wh en a wet cleaning method is required for animal health or biosecurity issues.

5. a. Use drinkers that do not drip.

6. a. Adjust the height, volume, and location of drinkers at least once every fourteen (14) days.

7. a. Use no foggers in the house. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 31 Revised Proposed Rule 4570 Table 3.5 6 –Poultry Phase I Mitigation Measure Requirements (continued)

8. a. Only use fogger system s designed, operated and mainta ined according to manufacturer recommendations that provide water droplets with an aver age size of 50 microns or

less.

9. a. Slope the surface of the house at least 3% where the available sp ace for each animal is 400 square feet or less. Slope the surfac e of the house at least 1.5% where the available space for each animal is more than 400 square feet per animal.

10. a. Install mounds or berms up gradient to prevent the runoff of st ormwater into pens (only an option for animals allowed to freely move between indoor housing structures and outdoor pens).

11. a. Inspect water pipes and drinkers and repair leaks at least once every fourteen (14) days.

12. a. Maintain the roof stru cture and manage roof runoff in accordance w ith the applicable

standards in NRCS Field Office Technica l Guide Code 558 or other applicable standards approved by the APCO, ARB, and EPA

13. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

14. a. Vent housing to a VOC control device with an overall VOC capture and VOC control efficiency of at least 80%.

15. a. Use a belt litter removal system that dries the litter.

16. a. House animals in a tunnel ventilated houses with mechanical ventilation.

17. a. Use a litter drying system, such as a flat bed drying system.

C. Owners/operators that handle or store solid animal waste manure/litter or separated solids outside the animal housing shall incorporate at least one (1) of the following mitigation

measures: Class One Mitigation Measures

1. a. Remove all animal waste manure/litter from the facility within seventy-two (72) hours of removal from housing, or

b. Send all animal waste manure/litter to a lagoon within seve nty-two (72) hours of removal from housing.

2. a. Cover animal waste manure/litter outside the housing with a weatherproof covering from October through May, exce pt for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering.

3. a. Use a solid animal waste manure/litter handling system in housing, such as stockpiles, solid land application, or a thin bed animal waste manure/litter drying syst em, instead of a liquid system such as flushing, animal w aste manure/litter storage ponds, or

animal waste manure/litter treatment lagoons.

4. a. Implement an alternative m itigation measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 32 Revised Proposed Rule 4570 Table 3.5 6 –Poultry Phase I Mitigation Measure Requirements (continued) Class Two Mitigation Measures

6. a. Send at least 51% of the animal waste manure/litter removed from site to a digester,

with a VOC control device with an overall VOC capture and VOC control efficiency
of at least 80%.

7. a. Compost animal waste manure/litter removed from the housing with an aerated static pile vented to a VOC cont rol device with an overall VOC capture and VOC control efficiency of at least 80%.

D. Owners/operators that handle animal waste manure/litter in a liquid form shall incorporate at least one (1) of the fo llowing mitigation measures: Class One Mitigation Measures

1. a. Manage the facility such that there are no lagoon s, as defined in Section 3.29 3.30 , at the facility.

2. a. Use phototrop h ic lagoon, or b. Use an anaerobic treatment lagoon.

3. a. Remove solids from the wa ste system with a solid separa tor system, prior to the waste entering the lagoon.

4. a. Maintain lagoon pH between 6.5 and 7.5.

5. a. Implement an alternative m itigation measure(s), not listed above. Class Two Mitigation Measures

6. a. Use an aerobic lagoon, or b. Use a mechanically aerated lagoon.

7. a. Maintain organic loading in the lagoon that is less than 3.5 mg (dry weight)/mL, or total volatile solids is less than 3.5 mg/mL.

8. a. Use additional non-standard equipment or chemicals on the so lid separator system, such as roller or screw presses or chemical coagulants and flocculants, that increase the percent of solid separation achieved by the separator and is approved by the APCO, ARB, and EPA.

9. a. Cover the lagoon or stor age pond and vent to a VOC c ontrol device with an overall VOC capture and VOC control efficiency of at least 80%.

# REVISED PROPOSED October 21, 2010

4570 - 33 Revised Proposed Rule 4570 5.6 Phase II Mitigation Measures: Owners/operators of CAFs subject to the regulatory threshold in Table 2 shall comply with all applicable Phase II Mitigation Measures in acco rdance with the co mpliance schedule in Section 8.0.

5.6.1 Dairy CAF: An owner/operator of a medium or large Dairy CAF shall comply with the Phas e II mitigation measures in Table 4.1.

Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements

A. Feed: An owner/operator of a dairy CAF shall impl ement mitigation measures 1, 2, 3, and 4 and at least one (1) add itional mitigation measure:

1. Feed according to National Re search Council (NRC) guidelines.

2. Push feed so that it is w ithin three (3) feet of feedlane fence with in two hours of putting out the feed or use a feed trough or other feeding structure designe d to maintain feed

within reach of the cows.

3. Begin feeding total mixed rations within two (2) hours of grinding and mixing rations.

4. Store grain in a weatherproof storage stru cture or under a weatherproof covering from October through May.

5. Feed steam-flaked, dry rolled, cracked or gr ound corn or other stea m-flaked, dry rolled, cracked or ground cereal grains.

6. Remove uneaten wet feed from feed bunks w ithin twenty-four (24) hours after the end of

a rain event.

7. For total mixed rations that c ontain at least 30% by weight of silage, feed animals total

mixed rations that contai n at least 45% moisture.

8. Implement an alternative mitiga tion measure(s), not listed above.

B. Silage: An owner/operator of a dairy CAF that feeds si lage shall implement at least one (1) of the following silage mitigation measures:

1. Operators selecting this op tion must choose mitigation meas ure 1a plus one (1) from mitigation measures 1b, 1c, 1d plus two (2) from mitigation measures 1e, 1f, 1g:

a. Cover the surface of silage piles, except for the area where feed is being removed from the pile, with a plastic ta rp that is at least five (5) mils thick (0.005 inches), multiple plastic tarps with a cumulative thickne ss of at least 5 mils (0.005 inches), or an oxygen barrier film covered with a UV re sistant material, with in seventy-two (72) hours of last delivery of material to the pile. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 34 Revised Proposed Rule 4570 Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements (continued)

Choose one of the following: b. Build silage piles such th at the average bulk density of silage piles is at least 44 lb/cu ft for corn silage and 40 lb/cu ft for other silage types, as measured in accordance with Section 7.11; or c. When creating a sila ge pile, adjust filling parameters to assure a calculated average bulk density of at leas t 44 lb/cu ft for corn silage a nd at least 40 lb/cu ft for other silage types, using a spreadsh eet approved by the District; or d. Incorporate all of the following practices when creating silage piles: i. Harvest silage crop at ≥ 65% moisture for corn; and ≥ 60% moisture for alfalfa/ grass and other s ilage crops; and ii. Incorporate the following parameters for Theoretical Length of Chop (TLC) and roller opening, as applicable, for the crop being harvested.

Crop Harvested TLC (inches) Roller Opening (mm) Corn with no processing ≤ 1/2 in N/A Processed Corn <35% dry matter ≤ 3/4 in 1 - 4 mm

Alfalfa/Grass ≤ 1.0 in N/A

Wheat/Cereal Grains/Other ≤ 1/2 in N/A

iii. Manage silage material de livery such that no more than six (6) inches of material are un-compacted on top of the pile.

Choose two of the following: e. Manage exposed silage (select one of the following):

i. Manage silage piles such that only one silage pile has an uncovered face and the

uncovered face has a total e xposed surface area of less than 2,150 square feet; or

ii. Manage multiple uncovered si lage piles such that the total exposed surface area of all uncovered silage piles is less than 4,300 square feet. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 35 Revised Proposed Rule 4570 Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements (continued) f. Maintain silage working fa ce (select one of the following): i. Use a shaver/facer to remove silage from the silage pile; or

ii. Maintain a smooth vertical surface on the working face of the silage pile. g. Silage Additives (sel ect one of the following):

i. Inoculate silage with homolactic lact ic acid bacteria in accordance with

manufacturer recommendations to achieve a concentration of at least 100,000 colony forming units per gram of wet forage; or

ii. Apply propionic acid, benz oic acid, sorbic acid, sodi um benzoate, or potassium sorbate at a rate specified by the ma nufacturer to reduce yeast counts when forming silage pile; or

iii. Apply other additives at sp ecified rates that have b een demonstrated to reduce

alcohol concentrations in s ilage and/or VOC emissions fr om silage and have been approved by the Di strict and EPA.

2. Utilize a sealed feed storage sy stem (e.g., Ag-Bag) for silage.

3. Implement an alternative mitiga tion measure(s), not listed above.

C. Milking Parlor: An owner/operator of a dairy CAF shall im plement at least one (1) of the following mitigation measures in each milking parlor:

1. Flush or hose milking parlor immediately prior to, immediately after, or during each milking.

2. Implement an alternative mitiga tion measure(s), not listed above.

D. Freestall Barn: An owner/operator of a dairy CAF that hous es animals in freest alls shall implement mitigation measures 1 and 2 and at least one (1) additional mitigat ion measure in each

freestall barn:

1. Pave feedlanes, where present, for a width of at least eight (8) feet along the corral side

of the feedlane fence for milk and dry cows and at least six (6) feet along the corral side

of the feedlane for heifers.

2. Choose one of the following: a. Flush, scrape, or vacuum freestall fl ush lanes immediately prior to, immediately after, or during each milking; or b. Flush or scrape free stall flush lanes at leas t three (3) times per day.

3. Use non-manure-based bedding and non-separated solids ba sed bedding for at least 90% of the bedding material, by wei ght, for freestalls (e.g. rubb er mats, almond shells, sand, or waterbeds). Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 36 Revised Proposed Rule 4570 Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements (continued)

4. For a large dairy CAF, remove manure that is not dry from individual cow freestall beds or rake, harrow, scrape, or grade freestall bedding at least once every seven (7) days.

For a medium dairy CAF, remove manure that is not dry from individual cow freestall beds or rake, harrow, scrape, or grade freestall bedding at least once every fourteen (14) days.

5. Have no animals in exercise pens or corrals at any time.

6. Implement an alternative mitiga tion measure(s), not listed above.

E. Corrals: An owner/operator of a dairy CAF that hous es animals in corr als shall implement mitigation measures 1, 2, 3, 4, 5, and 6 and at least one (1) additiona l mitigation measure

in each corral where animals have been housed in the last thirty (30) days:

1. Pave feedlanes, where present, for a width of at least 8 feet along the corral side of the

feedlane fence for milk and dr y cows and at least 6 feet along the corral side of the

feedlane for heifers.

2. Choose one of the following: a. Clean manure from corrals at least four (4 ) times per year with at least sixty (60) days between cleaning; or

b. Clean corrals at least once between April and July and at least once between September and December.

3. Choose one of the following:

a. Scrape, vacuum, or flush conc rete lanes in corrals at le ast once every day for mature cows and every seven (7) da ys for support stock; or

b. Clean concrete lanes such that the depth of manure does not exceed twelve (12) inches at any point or time.

4. Inspect water pipes and troug hs and repair leaks at leas t once every seven (7) days.

5. Choose one of the following: a. Slope the surface of the corrals at le ast 3% where the available space for each animal is 400 square feet or less. Slop e the surface of the co rrals at least 1.5% where the available spa ce for each animal is more than 400 square feet per animal; or

b. Maintain corrals to ensure proper drainage preventing water from standing more than forty-eight (48) hours; or c. Harrow, rake, or scrape corrals sufficiently to maintain a dry surface.

6. If the CAF has shade st ructures, they must c hoose one of the following:

a. Install shade structures su ch that they are constructed with a light permeable roofing material; or b. Install all shade structures uph ill of any slope in the corral; or

c. Clean manure from under corral shades at least once every fourteen (14) days, when weather permits access into the corral; or

d. Install shade structure so that the structure has a Nort h/South orientation. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 37 Revised Proposed Rule 4570 Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements (continued)

7. Manage corrals such that the manure depth in the corral does not exceed twelve (12) inches at any time or point, except for in-corral mounding. Manure depth may exceed 12

inches when corrals become in accessible due to rain events . The facility must resume management of the manure de pth of 12 inches or lower immediately upon the corral becoming accessible.

8. Knockdown fence line manure build-up prior to it exceeding a height of twelve (12) inches at any time or point . Manure depth may exceed 12 inches when corrals become

inaccessible due to rain even ts. The facility mu st resume manageme nt of the manure depth of 12 inches or lower immediately upon the corral becoming accessible.

9. Choose one of the following: a. Use lime or a similar absorbent material in the corrals according to the manufacturer's recommendation; or b. Apply thymol to the feedlot soil in ac cordance with the manufacturer's

recommendation.

10. Implement an alternative mitiga tion measure(s), not listed above.

F. Solid Manure/Separated Solids: Owners/operators of a large da iry CAF that handle or stor e solid manure or separated

solids outside the animal hous ing shall implement at leas t one (1) of the following mitigation measures:

1. Within seventy-two (72) hours of removal from housing, either: a. Remove dry manure from the facility; or b. Cover dry manure outside the housing with a weatherpr oof covering from October through May, except for times when wind even ts remove the coveri ng, not to exceed twenty-four (24) hours per event.

2. Within seventy-two (72) hours of rem oval from the drying process, either: a. Remove separa ted solids from the facility; or b. Cover separated so lids outside the housing with a weat herproof covering from October through May, except for times when wind even ts remove the coveri ng, not to exceed twenty-four (24) hours per event.

3. Implement an alternative mitiga tion measure(s), not listed above.

G. Liquid Manure: An owner/operator of a dairy CAF that handles manure in a liquid form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designe d in accordance with NRCS Guideline No.

359.

3. Remove solids from the waste system with a solid separator system, prior to the waste entering the lagoon.

4. Maintain lagoon pH between 6.5 and 7.5.

5. Implement an alternative mitiga tion measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 38 Revised Proposed Rule 4570 Table 4.1 – Dairy CAF Phase II Mitigation Measure Requirements (continued)

H. Land Application: An owner/operator of a dairy CAF who land applies manure to crop land on the facility shall implement the following a pplicable mitigation measures:

1. If the CAF applies solid manur e, choose one of the following: a. Incorporate all solid manur e within seventy-two (72) hours of land application; or b. Only apply solid manure that has been treated with an anaerobic treatment lagoon, aerobic lagoon, or di gester system; or c. Apply no solid manure with a mo isture content of more than 50%; or d. Implement an alternative mitig ation measure(s), not listed above.

2. If the CAF applies liquid manur e, choose one of the following: a. Only apply liquid manure that has been treat ed with an anaerobic treatment lagoon, aerobic lagoon, or di gester system; or b. Allow liquid manure to stand in the fields for no more than twenty-four (24) hours after irrigation; or c. Apply liquid/slurry manure via injection with drag hose or similar apparatus; or d. Implement an alternative mitig ation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 39 Revised Proposed Rule 4570 5.6.2 Beef Feedlots: Owners/operators of a b eef feedlot CAF shal l comply with the Phase II mitigation measures in Table 4.2.

Table 4.2 – Beef Feedlot Phase II Mitigation Measure Requirements

A. Feed: An owner/operator of a beef feedlot CAF shall implement at least two (2) of the following feed mitigation measures:

1. Feed according to National Re search Council (NRC) guidelines.

2. Feed steam-flaked, dry rolled, cracked or ground corn or ot her steam-flaked, dry rolled, cracked or ground cereal grains.

3. Remove uneaten wet feed from feed bunks within twenty-four (24) hours after the end of

a rain event.

4. Implement an alternative mitiga tion measure(s), not listed above.

B. Silage: An owner/operator of a beef feedlot CAF that feeds silage shall impl ement at least one (1) of the following silage mitigation measures:

1. Operators selecting this option must choose mitigation measure 1a plus one (1) from mitigation measures 1b, 1c, 1d plus two (2) from mitigation measures 1e, 1f, 1g:

a. Cover the surface of silage piles, except for th e area where feed is being removed from the pile, with a plastic tarp that is at least five (5) mils thick (0.005 inches), multiple plastic tarps with a cumulative thickness of at leas t 5 mils (0.005 inches), or an oxygen barrier film covere d with a UV resistant materi al, within seventy-two (72) hours of last delivery of material to the pile.

Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 40 Revised Proposed Rule 4570 Table 4.2 – Beef Feedlot Phase II Mitigation Measure Requirements (continued) Choose one of the following: b. Build silage piles such th at the average bulk density of silage piles is at least 44 lb/cu ft for corn silage and 40 lb/cu ft for other silage types, as measured in accordance with Section 7.11; or c. When creating a sila ge pile, adjust filling parameters to assure a calculated average bulk density of at leas t 44 lb/cu ft for corn silage a nd at least 40 lb/cu ft for other silage types, using a spreadsh eet approved by the District; or d. Incorporate all of the following practices when creating silage piles: i. Harvest silage crop at ≥ 65% moisture for corn; and ≥ 60% moisture for alfalfa/ grass and other s ilage crops; and ii. Incorporate the following parameters for Theoretical Length of Chop (TLC) and roller opening, as applicable, for the crop being harvested.

Crop Harvested TLC (inches) Roller Opening (mm) Corn with no processing ≤ 1/2 in N/A Processed Corn <35% dry matter ≤ 3/4 in 1 - 4 mm

Alfalfa/Grass ≤ 1.0 in N/A

Wheat/Cereal Grains/Other ≤ 1/2 in N/A

iii. Manage silage mate rial delivery such that no more th an six (6) inches of material are un-compacted on top of the pile.

Choose two of the following: e. Manage exposed silage (select one of the following):

i. Manage silage piles such that only one silage pile has an uncovered face and the

uncovered face has a total e xposed surface area of less than 2,150 square feet; or ii. Manage multiple uncovere d silage piles such that the total exposed surface area of all uncovered silage piles is less than 4,300 square feet. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 41 Revised Proposed Rule 4570 Table 4.2 – Beef Feedlot Phase II Mitigation Measure Requirements (continued)
f. Maintain silage working fa ce (select one of the following):

i. Use a shaver/facer to remove s ilage from the silage pile; or

ii. Maintain a smooth vertical surface on the working face of the silage pile. g. Silage Additives (sel ect one of the following):

i. Inoculate silage with homolactic lact ic acid bacteria in accordance with

manufacturer recommendations to achieve a concentration of at least 100,000 colony forming units per gram of wet forage; or

ii. Apply propionic acid, benz oic acid, sorbic acid, sodi um benzoate, or potassium sorbate at a rate specified by the ma nufacturer to reduce yeast counts when forming silage pile; or

iii. Apply other additives at sp ecified rates that have b een demonstrated to reduce

alcohol concentrations in s ilage and/or VOC emissions fr om silage and have been approved by the Di strict and EPA.

2. Utilize a sealed feed storage sy stem (e.g., Ag-Bag) for silage.

3. Implement an alternative mitiga tion measure(s), not listed above.

C. Housing: An owner/operator of a beef f eedlot CAF shall implem ent mitigation measures 1, 2, 3, and 4 and at least one (1) additional mitigati on measure in each of the animal housing structures (e.g. each corral, etc.):

1. Scrape corrals twice a year with at least ni nety (90) days between cleanings, excluding the

removal of in-corral mounds.

2. Inspect water pipes and troug hs and repair leaks at leas t once every seven (7) days.

3. Choose one of the following: a. Slope the surface of the corrals at leas t 3% where the availabl e space for each animal is 400 square feet or less. Slope the surfac e of the corrals at least 1.5% where the available space for each animal is more than 400 square feet per animal.

b. Maintain corrals to ensure proper drainage preventing water from standing more than forty-eight (48) hours; or c. Harrow, rake, or scrape corrals suffici ently to maintain a dry surface, unless the

corrals have not held animals in the last thirty (30) days.

4. If the CAF has shad e structures, they must choose with one of the following:

a. Install shade structures su ch that they are constructed with a light permeable roofing material; or

b. Install all shade structures uphill of any slope in the corral; or

c. Install shade structure so that the structure has a North/South orientation.

5. Manage corrals and c oncrete lanes such that the dry manure depth in the pen does not exceed twelve (12) inches at any time or point, except for in-corral mounds. Manure depth may exceed twelve (12) inches when corrals become inaccessible due to rain events. The facility must resume management of the manure de pth of twelve (12) inches or lower immediately upon the corral becoming accessible. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 42 Revised Proposed Rule 4570 Table 4.2 – Beef Feedlot Phase II Mitigation Measure Requirements (continued)

6. Knockdown fence line manure build-up prior to it exceeding a height of twelve (12) inches at any time or point. Manure depth ma y exceed twelve (12) inches when corrals

become inaccessible due to rain events. The fa cility must resume management of the manure depth of twelve (12) inches or lo wer immediately upon the corral becoming

accessible.

7. Implement an alternative mitiga tion measure(s), not listed above.

D. Solid Manure/Separated Solids:

An owner/operator of a beef feedlot CAF that handles or stores so lid manure or separated

solids outside the animal hous ing shall implement at leas t one (1) of the following mitigation measures:

1. Choose one of the following:

a. Within 72 hours of removal from animal housing, either remove dry manure from the facility or, during the months of October through May, cover dry manure pile with a weatherproof covering, except for times, not to exceed twenty-four (24) hours per event, when wind events remove the covering.; or b. Manage moisture content of manure to less than 50%.

2. Implement an alternative mitiga tion measure(s), not listed above.

E. Liquid Manure: An owner/operator of a beef feedlot CAF th at handles manure in a liquid form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designed in accordance with NRCS Guideline No.

359.

3. Remove solids from the waste system with a solid separator system, prior to the waste entering the lagoon.

4. Maintain lagoon pH between 6.5 and 7.5.

5. Implement an alternative mitiga tion measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 43 Revised Proposed Rule 4570 Table 4.2 – Beef Feedlot Phase II Mitigation Measure Requirements (continued)

F. Land Application: An owner operator of a b eef feedlot CAF who land app lies manure to crop land on the facility shall implement the following applicable mitigation measures:

1. If the CAF applies solid manur e, choose one of the following: a. Incorporate all solid manur e within seventy-two (72) hours of land application; or b. Only apply solid manure that has been treated with an anae robic treatment lagoon, aerobic lagoon, or di gester system; or c. Apply no solid manure with a mo isture content of more than 50%; or d. Implement an alternative mitig ation measure(s), not listed above.

2. If the CAF applies liquid manur e, choose one of the following: a. Only apply liquid manure that has been treat ed with an anaerobic treatment lagoon, aerobic lagoon, or di gester system; or b. Allow liquid manure to stand in the fields for no more than twenty-four (24) hours after irrigation; or c. Apply liquid/slurry manure via injection with drag hose or similar apparatus; or d. Implement an alternative mitig ation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 44 Revised Proposed Rule 4570 5.6.3 Other Cattle CAF: Own ers/operators of an other cat tle CAF shall comply with the Phase II mitigation m easures in Table 4.3.

Table 4.3 – Other Cattle Phase II Mitigation Measure Requirements

A. Feed: An owner/operator of an other cattle CAF shal l implement at least tw o (2) of the following feed mitigation measures:

1. Feed according to National Re search Council (NRC) guidelines.

2. Feed steam-flaked, dry rolled, cracked or gr ound corn or other stea m-flaked, dry rolled, cracked or ground cereal grains.

3. Remove uneaten wet feed from feed bunks within twenty-four (24) hours after the end of

a rain event.

4. Implement an alternative mitiga tion measure(s), not listed above.

B. Silage: An owner/operator of an other cattle CAF that feeds silage shall impl ement at least one (1) of the following silage mitigation measures:

1. Operators selecting this op tion must choose mitigation meas ure 1a plus one (1) from mitigation measures 1b, 1c, 1d plus two (2) from mitigation measures 1e, 1f, 1g:

a. Cover the surface of silage piles, except for th e area where feed is being removed from the pile, with a plastic tarp that is at least five (5) mils thick (0.005 inches), multiple plastic tarps with a cumulative thickness of at leas t 5 mils (0.005 inches), or an oxygen barrier film covered with a UV re sistant material, with in seventy-two (72) hours of last delivery of material to the pile. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 45 Revised Proposed Rule 4570 Table 4.3 – Other Cattle Phase II Mitigation Measure Requirements Choose one of the following: b. Build silage piles such th at the average bulk density of silage piles is at least 44 lb/cu ft for corn silage and 40 lb/cu ft for other silage types as measured in accordance with Section 7.11; or c. When creating a silage pile , adjust filling parameters to assure a calculated average bulk density of at least 44 lb/cu ft. for corn silage and at least 40 lb/cu ft for other silage types using a spreadsheet approved by the District; or d. Incorporate all of the following practices when creating silage piles: i. Harvest silage crop at ≥ 65% moisture for corn; and ≥ 60% moisture for alfalfa/ grass and other s ilage crops; and ii. Incorporate the following parameters for Theoretical Length of Chop (TLC) and roller opening, as applicable, for the crop being harvested.

Crop Harvested TLC (inches) Roller Opening (mm) Corn with no processing ≤ 1/2 in N/A Processed Corn <35% dry matter ≤ 3/4 in 1 - 4 mm

Alfalfa/Grass ≤ 1.0 in N/A

Wheat/Cereal Grains/Other ≤ 1/2 in N/A

iii. Manage silage mate rial delivery such that no more th an six (6) inches of material are un-compacted on top of the pile. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 46 Revised Proposed Rule 4570 Table 4.3 – Other Cattle Phase II Mitigation Measure Requirements (continued)
Choose one of the following: e Manage exposed silage (s elect one of the following): i. Manage silage piles such that only one silage pile has an uncovered face and the

uncovered face has a total e xposed surface area of less than 2,150 square feet; or ii. Manage multiple uncovered si lage piles such that the to tal exposed surface area of all uncovered silage piles is le ss than 4,300 square feet. f. Maintain silage working face (select one of the following): i. Use a shaver/facer to remove silage from the silage pile; or

ii. Maintain a smooth vertical surface on the working face of the silage pile. g. Silage Additives (sel ect one of the following): i. Inoculate silage with homolactic la ctic acid bacteria in accordance with

manufacturer recommendations to achieve a concentration of at least 100,000 colony forming units per gram of wet forage; or ii. Apply propionic acid, benzoic acid, sorb ic acid, sodium benz oate, or potassium sorbate at a rate specified by the ma nufacturer to reduce yeast counts when forming silage pile; or iii. Apply other additives at specified rates that have b een demonstrated to reduce

alcohol concentrations in s ilage and/or VOC emissions fr om silage and have been approved by the Di strict and EPA.

2. Utilize a sealed feed storage sy stem (e.g., Ag-Bag) for silage.

3. Implement an alternative mitiga tion measure(s), not listed above.

C. Freestalls: An owner/operator of an other cattle CAF that houses animals in free stalls sha ll implement mitigation measures 1 and 2 and at least one (1) additional mitigation measure in each

freestall barn:

1. Vacuum, scrape, or flush freestalls at least once every seven (7) days.

2. Pave feedlanes, where present, for a width of at least si x (6) feet along the corral side of

the feedlane.

3. Use non-manure-based bedding a nd non-separated solids based bedding for at least 90% of the bedding material, by weight, for freesta lls (e.g. rubber mats , almond shells, sand, or waterbeds).

4. Remove manure that is not dry from indivi dual cow freestall be ds or rake, harrow, scrape, or grade bedding in freestall s at least once every seven (7) days.

5. Implement an alternative mitiga tion measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 47 Revised Proposed Rule 4570 Table 4.3 – Other Cattle Phase II Mitigation Measure Requirements (continued)

D. Corrals: An owner/operator of a other cattle CAF that houses animals in corrals shall implement mitigation measures 1, 2, 3, 4, and 5 and at least one (1) additional mitigation measure in

each corral where animals have been hous ed in the last thirty (30) days:

1. Scrape corrals twice a year with at least 90 days between cleanings, excluding in-corral

mounds.

2. Choose one of the following:

a. Scrape, vacuum, or flush c oncrete lanes in corrals at le ast once every seven (7) days;

or b. Clean concrete lanes such that th e depth of manure doe s not exceed twelve (12) inches at any point or time.

3. Inspect water pipes and troug hs and repair leaks at leas t once every seven (7) days.

4. Choose one of the following: a. Slope the surface of the corrals at leas t 3% where the availabl e space for each animal is 400 square feet or less. Slope the surfac e of the corrals at least 1.5% where the available space for each animal is more than 400 square feet per animal.

b. Maintain corrals to ensure proper drainage preventing wa ter from standing more than forty-eight (48) hours; or c. Harrow, rake, or scrape corrals and corrals sufficiently to maintain a dry surface,

unless the corrals have not held anim als in the last thirty (30) days.

5. If the CAF has shade st ructures, they must c hoose one of the following:

a. Install shade structures su ch that they are constructed with a light permeable roofing material; or b. Install all shade structures uph ill of any slope in the corral; or

c. Install shade structure so that the structure has a North/South orientation.

6. Manage corrals and c oncrete lanes such that the dry ma nure depth in the pen does not exceed twelve (12) inches at any time or point, except for in-corral mounds. Manure depth may exceed twelve (12) inches when corrals become inaccessible due to rain events. The facility must resume manageme nt of the manure depth of tw elve (12) inches or lower immediately upon the corral becoming accessible.

7. Knockdown fence line manure build -up prior to it exceeding a hei ght of twelve (12) inches at any time or point. Manure de pth may exceed twelve (12) inches when co rrals become

inaccessible due to rain events . The facility must resume management of the manure depth of twelve (12) inches or lower immediately upon the corral becoming accessible.

8. Choose one of the following:

a. Use lime or a similar absorbent material in the corrals according to the manufacturer's recommendation; or b. Apply thymol to the feedlot soil in accordance with the manufacturer's

recommendation.

9. Implement an alternative mitiga tion measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 48 Revised Proposed Rule 4570 Table 4.3 – Other Cattle Phase II Mitigation Measure Requirements (continued) E. Solid Manure/Separated Solids: An owner operator of an other cattle CAF that handles or stores so lid manure or separated solids outside the animal housing shall impl ement at least one (1) of the following mitigation measures:

1. Within seventy-two (72) hours of removal from housing, either: a. Remove dry manure from the facility; or b. Cover dry manure outside the housing with a weatherpr oof covering from October through May, except for times when wind even ts remove the covering, not to exceed twenty-four (24) hours per event.

2. Within seventy-two (72) hours of rem oval from the drying process, either: a. Remove separa ted solids from the facility; or b. Cover separated so lids outside the housing with a weat herproof coveri ng from October through May, except for times when wind even ts remove the covering, not to exceed twenty-four (24) hours per event.

3. Implement an alternative mitiga tion measure(s), not listed above.

F. Liquid Manure: An owner/operator of an ot her cattle CAF that handles ma nure in a liquid form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designed in accordance with NR CS Guideline No. 359.

3. Remove solids from the waste system w ith a solid separator separation system.

4. Maintain lagoon pH between 6.5 and 7.5.

5. Implement an alternative mitiga tion measure(s), not listed above.

G. Land Application: An owner/operator of an other cattle CA F who land applies manure to crop land on the facility shall implement the following applicable mitigation measures:

1. If the CAF applies solid manur e, choose one of the following: a. Incorporate all solid manur e within seventy-two (72) hours of land application; or b. Only apply solid manure that has been treated with an an aerobic treatment lagoon, aerobic lagoon, or di gester system; or c. Apply no solid manure with a mo isture content of more than 50%; or d. Implement an alternative mitig ation measure(s), not listed above.

2. If the CAF applies liquid manur e, choose one of the following: a. Only apply liquid manure that has been treated with an anaerobic treatment lagoon, aerobic lagoon, or di gester system; or b. Allow liquid manure to stand in the fields for no more than twenty-four (24) hours after irrigation; or c. Apply liquid/slurry manure via injection with drag hose or similar apparatus; or d. Implement an alternative mitig ation measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 49 Revised Proposed Rule 4570 5.6.4 Swine CAF: An owner/operator of a swin e CAF shall comply with the Phase II mitigation measures in Table 4.4.

Table 4.4 – Swine Phase II Mitigation Measure Requirements

A. Feed: Owners/operators of a swine CA F shall implement at least tw o (2) of the following feed mitigation measures:

1. Use grain with an average particle size diameter between 300-800 microns.

2. Utilize phase feeding and split-sex feeding pr ograms to more closely match the nutrient requirements of animals.

3. Implement an alternative mitiga tion measure(s), not listed above.

B. Housing: Owners/operators of a swine CAF shall implem ent at least three (3 ) of the following mitigation measures in each animal housing unit:

1. Use a slatted floor system (slatted floors over deep pits or shallow flush alleys), with daily manure removal for shallow flush alleys and weekly removal from deep pits.

2. Manage pens such that the manure depth in th e pen does not exceed tw elve (12) inches at any time or point.

3. Inspect water pipes and troug hs and repair leaks at leas t once every seven (7) days.

4. Implement an alternative mitiga tion measure(s), not listed above.

C. Liquid Manure: Owners/operators of a swine CA F that handle manure in a liqui d form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designed in accordance with NR CS Guideline No. 359.

3. Maintain lagoon pH between 6.5 and 7.5.

4. Implement an alternative mitiga tion measure(s), not listed above.

D. Land Application: Owners/operators of a swine CAF who land apply liquid manur e to crop land on the facility shall implement one (1) of the following mitigation measures:

1. Allow liquid manure to stand in the fields fo r no more than twenty-four (24) hours after irrigation.

2. Implement an alternative mitiga tion measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 50 Revised Proposed Rule 4570 5.6.5 Layer CAF: An owner/ operator of a layer CAF sha ll comply with the Phase II mitigation measures in Table 4.5.

Table 4.5 – Layer Phase II Mitigation Measure Requirements

A. Feed: Owners/operators of a layer CA F shall implement at least one (1) of the following feed mitigation measures:

1. Choose one of the following: a. Feed according to NRC guidelines; or b. Feed animals probiotics designed to im prove digestion according to manufacturer recommendations; or c. Feed animals an amino acid supplemented di et to meet their nut rient requirements; or

d. Feed animals feed additiv es such as amylase, xylanas e, and protease, designed to maximize digestive efficiency accord ing to manufacturer recommendations.

2. Implement an alternative mitiga tion measure(s), not listed above.

B. Housing: Owners/operators of a layer CAF shall implem ent at least two (2) of the following housing mitigation measures:

1. Use drinkers that do not drip continuously.

2. Inspect water pipes and dri nkers and repair leaks daily.

3. Implement an alternative mitiga tion measure(s), not listed above.

C. Solid Manure/Separated Solids: Owners/operators of a layer CAF that handle or store solid litter /manure or separated solids outside the animal housing shall implement at least one (1) of the following mitigation

measures: 1. Within seventy-two (72) hours of removal from housing, either:

a. Remove all litter/manur e from the facility; or

b. Cover litter/manure outside the housing with a weatherproof covering from October through May, except for times when wind even ts remove the coveri ng, not to exceed twenty-four (24) hours per event.

2. Implement an alternative mitiga tion measure(s), not listed above.

D. Liquid Manure: Owners/operators of a layer CAF that handle manure in a liquid form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designed in accordance with NR CS Guideline No. 359.

3. Maintain lagoon pH between 6.5 and 7.5.

4. Implement an alternative mitiga tion measure(s), not listed above.

# REVISED PROPOSED October 21, 2010

4570 - 51 Revised Proposed Rule 4570 5.6.6 Broiler, Duck, or Turkey CAF: An owner/operator of a ch icken broiler, duck, or turkey CAF shall comply with the Phase II mitigation measures in Table 4.6.

Table 4.6 – Broiler, Duck, or Turkey Phase II Mitigation Measure Requirements

A. Feed: Owners/operators of a broiler, duck, or turkey CAF shall implement at least one (1) of the following feed mitigation measures:

1. Choose one of the following: a. Feed according to NRC guidelines; or b. Feed animals probiotics designed to im prove digestion according to manufacturer recommendations; or c. Feed animals an amino acid supplemented di et to meet their nut rient requirements; or

d. Feed animals feed additiv es such as amylase, xylanas e, and protease, designed to maximize digestive efficiency accord ing to manufacturer recommendations.

2. Implement an alternative mitiga tion measure(s), not listed above.

B. Housing: Owners/operators of a broiler or duck CAF sh all implement at least four (4) of the following housing mitigation measures:

Owners/operators of a turkey CAF shall implemen t at least five (5) of the following housing mitigation measures:

1. Use a dry housing cleaning method at all ti mes, except when a we t cleaning method is required for animal health or biosecurity issues, pursuant to Section 5.4.

2. Use drinkers that do not drip continuously.

3. Inspect drinkers at least once every seven (7) days and adjust the height, volume, and location of drinkers if necessary.

4. Inspect water pipes and dri nkers and repair leaks daily.

5. If the facility houses turkeys in pens, install mounds or be rms up gradient to prevent the runoff of storm water into pens.

6. Implement an alternative mitiga tion measure(s), not listed above. Continues on the next page

# REVISED PROPOSED October 21, 2010

4570 - 52 Revised Proposed Rule 4570 Table 4.6 – Broiler, Duck, or Turkey Phase II Mitigation Measure Requirements (continued)

C. Solid Manure/Separated Solids: Owners/operators of a broiler, duck, or turkey CAF that handles or stores solid litter/manure or separated solids outside the animal housing sha ll implement at least one (1) of the following mitigation measures:

1. Within seventy-two (72) hours of removal from housing, either:

a. Remove all litter/manur e from the facility; or b. Cover litter/manure outside the housing with a weatherproof covering from October through May, except for times when wind events remove th e covering, not to exceed twenty-four (24) hours per event.

2. Implement an alternative mitiga tion measure(s), not listed above.

D. Liquid Manure: Owners/operators of a broiler, duck, or turkey CAF that ha ndles manure in a liquid form shall implement at least one (1) of the following mitigation measures:

1. Use a phototropic lagoon.

2. Use an anaerobic treatment lagoon designed in accordance with NR CS Guideline No. 359.

3. Maintain lagoon pH between 6.5 and 7.5.

4. Implement an alternative mitiga tion measure(s), not listed above.

5.11 Owners/operators may substitute a mitiga tion measure from one section in the applicable table (tables 2 through 6) fo r a mitigation measure in another section of the applicable table, prov ided it is demonstrated that the substitution would result in equal or greater emission re ductions. Substituted measures shall be requested as part of the requirements of Section 6.0 and shall be included as permit requirements.

5.12 CAF facilities that a re not dairies, beef feedlots , other cattle fa cilities, swine facilities, or poultry fa cilities shall submit an emission mitigation plan demonstrating reductions of at least 30% or adhere to all of the requirements of either Section 5.6, 5.7, 5.8, or 5.9.

5.13 CAF facilities listed in Sections 5.6 to 5.10 may submit an emission mitigation plan demonstrating facility wide reductions of at least 30% in lieu of complying with all of the requirements of either Section 5.6, 5.7, 5. 8, 5.9, or 5.10.

6.0 Permit R equirements Monitoring Requirements

Owners/operators shall comp ly with the requirement s of Section 6.1 when implementing all applicable Phase II Mitigation Measures in Section 5.6.

# REVISED PROPOSED October 21, 2010

4570 - 53 Revised Proposed Rule 4570 6.1 Lagoon Monitoring

Owners/operators using a mitigation m easure for a lagoon in their approved emission mitigation plan shall monitor the lagoon for the requi red parameter(s), as determined by the APCO and EPA, at least once every calendar quarter, with at least 30 days betw een monitoring tests.

6.1 Owners/operators of any facility shall submit an Authority to Construct or Permit to Operate application by D ecember 15, 2006 that includes the following:

6.1.1 The name, business addre ss, and phone number of the owners/operators responsible for the prep aration and the implemen tation of the mitigation measures listed in the permit.

6.1.2 The signature of the owners/operators attesting to the accuracy of the information provided a nd adherence to implementing the activities specified in the CAF Plan at all times and the date that the application was signed.

6.1.3 An emission mitigation plan includi ng a list of all mitigation measures chosen to comply with Rule 4570 re quirements and the location of these mitigation measures.

6.1.4 The number of animals at the facility in each pro duction stage.

6.1.5 Any other information necessary for th e District to prepare an emission inventory of all regulated air pollutants emitted from the facility, as determined by the APCO.

6.1.6 A thirty

- day public noticing and co mmenting period on the p ermit application

.

6.2 Owners/operators shall submit an update of the permit appl ication to the District

for review at least once ev ery three (3) years. The upda te shall reflect changes in the operation and feasibility of mitigation measures.

6.3 The Dis trict shall act upon the Authority to Construct application or Permit to Operate application within six (6) mont hs of receiving a complete application.

# REVISED PROPOSED October 21, 2010

4570 - 54 Revised Proposed Rule 4570 7.0 Administrative Requirements

7.1 Records for Exempt CAFs

An owner/operator claiming exemption pu rsuant to Section 4.0 shall maintain records on a quarterly basis of the num ber and type of animals and production group at the facility. Examples of reco rds that may be used to show proof of exemption include, but are not limited to , Dairy Herd Improvement Association

records and animal inventories ma intained for financial purposes.

7.2 General Records for CAFs Subj ect to Section 5.0 Requirements

7.2.1 Permits: Owners/operators shall ma intain copies of all facility permits.

7.2.2 Number of Animals: Owner/opera tors shall maintain records of the number of animals of each species a nd production group at the facility on a quarterly basis. Examples of reco rds that may be used include, but are not limited to, Dairy Herd Improvement Association records and animal

inventories done for financial purposes.

7.2.3 Owner/operators shall maintain records sufficient to demonstrate compliance with all appli cable mitigation measures.

7.3. Records for Feed and Silage Mitigation Measures

7.3.1 Feed Content/Feed Additive: Record s of feed content, formulation, and quantity of feed additiv e utilized, sufficient to verify compliance with approved feed content and feed add itive mitigation measures. Records may include laboratory test re sults and other test results.

7.3.2 Feed Processing: Reco rds sufficient to verify that feed was given to animals (for example, put in feed b unks) or disposed of within the time allowed by the approved mitigation measure.

7.3.3 Feed Removal: Records demonstra ting that feed is removed within the specified time period.

7.3.4 Feed Storage: Records demonstrati ng that feed was kept in weatherproof storage for the required period. R ecords for feed st orage shall be required when implementing the Phase II mitigation measures.

7.3.5 Feed Moisture Content: Records fo r annual testing to determine moisture

content of mixed ration food that contains at least 30% by weight of silage. Records for feed moisture content shall be required when implementing the Phase II mitigation measures.

# REVISED PROPOSED October 21, 2010

4570 - 55 Revised Proposed Rule 4570 7.3.6 Silage Covers: Record s demonstrating that silage was covered, including the thickness of the cover, in co mpliance with any silage mitigation measures chosen. Examples of reco rds that show compliance include, but are not limited to, invoices demons trating that silage covers were

installed and maintained at the facility, cover thickness, records demonstrating the thickne ss of the silage cover, and maintenance records for repair or replacemen t of damaged covers.

7.3.7 Silage Pile Bulk Dens ity at Pile Formation: Records of required practices used to ensure adequate bulk density of s ilage piles and/or measured bulk density of silage piles. Records for silage bulk density shall be required when implementing the Phas e II mitigation measures.

7.3.8 Silage Pile Formation: Records demonstrating that silage piles were formed in compliance with any sila ge mitigation meas ures chosen. Examples of records that show co mpliance include, but are not limited to, moisture content of s ilage pile material, reco rds of the length of cut for the crop being harvested, record s of silage material delivery date,

records that there are no more than six inches of material un-compacted on top of the pile of silage piles. Records for silage p ile formation shall be required when implementing th e Phase II mitigation measures.

7.3.9 Silage Leachate: Records demonstr ating that the leach ate was collected either by an active or passive system and the system was maintained in a manner approved by the AP CO and EPA. Examples of records that show compliance include, but are no t limited to, design specification for the system and a maintenance chec klist for inspections and repairs.

7.3.10 Exposed Silage: Records demonstr ating that silage piles are managed such that exposed surface area is in compliance with any silage mitigation measures chosen. Reco rds for exposed silage shall be required when implementing the Phase II mitigation measures.

7.3.11 Silage Inoculation: Records demonstrating silage inoculation with either homolactic lactic acid bacteria, prop ionic acid, benzoic acid, sorbic acid sodium benzoate, or potassium sorb ate. Records shall include rate specified by manufacturer and rate a pplied by operator/ owner, date of

inoculation and date of silage pile formation co mpletion. Records for silage inoculation shal l be required when implementing the Phase II mitigation measures.

7.3.12 VOC Emission Control Sy stems: Source test results, monitoring/inspection logs and maintenance logs.

# REVISED PROPOSED October 21, 2010

4570 - 56 Revised Proposed Rule 4570 7.3.13 Weatherproof Cove rings: Records verifying th at any covers used are installed, used, and maintained in accordance with manufacturer recommendations and any applicable standard approved by the APCO

and EPA. For covers re moved by wind events, an estimate of when the

cover was removed and documentation of when the cover was replaced.

7.3.14 Alternative Feed or Silage M itigation Measures: R ecords sufficient to verify compliance with each approved alternative mitigation measure to

the satisfaction of the APCO and EPA.

7.4 Records for Milking Pa rlor Mitigation Measures

Records verifying that the milking parl or was flushed or hosed immediately prior to, immediately after, or during each milking.

7.5 Records for Freestall /Corral/Animal Housing

7.5.1 Bedding Material : Records of the material(s ) used for animal bedding, including the percentage of non-manure. Records for bedding material shall be required when implementi ng the Phase II mitigation measures.

7.5.2 Clean/Scrape/Flush/Vacuum: Record s sufficient to demonstrate that the

removal of manure/beddi ng was performed as re quired in the approved mitigation measure. This may be a log when owners/operators initial that they performed all applicable practices.

7.5.3 Depth of Manure: Records demonstrating the measurement of the manure depth and measures taken to remove material greater than the amount allowed by the mitigation measure.

7.5.4 Foggers: Records, such as desi gn specifications, de monstrating that foggers used to comply with ru le requirements me et the required

standards.

7.5.5 Lime, Thymol, and Eugenol: Records of the quantity of material applied and the area over which it was applied. Owners/operators shall also maintain manufacturer’s product application recommendations to demonstrate compliance with the recommendations.

7.5.6 Litter Additives: Records, in cluding a copy of the manufacturer’s recommendations, which demonstrate lit ter additives used to comply with rule requirements are admi nistered in accordance with manufacturer's specifications.

# REVISED PROPOSED October 21, 2010

4570 - 57 Revised Proposed Rule 4570 7.5.7 Roof Structure/Runoff: Records such as design specifications and maintenance logs demonstr ating that any roof runoff structures used to comply with rule are in compliance with applicab le standards in NRCS

Field Office Technical Guide Code 558 or other appli cable standards approved by the APCO and EPA.

7.5.8 Shade Structures: Records, such as design specificati ons, demonstrating that any shade structures used to comply with ru le requirements meet the required standards.

7.5.9 Slope/Drainage: Records sufficient to verify that harrowing and sloping of corrals used to comply with ru le requirements are implemented as required in the rule.

7.5.10 Vacuum/Land Apply Cattle Waste: Records showing time of vacuuming and time of land applicati on of the vacuumed solids.

7.5.11 VOC Emission Control Sy stems: Source test results, monitoring/inspection logs and maintenance logs.

7.5.12 Water Pipes, Dri nkers, and Water Troughs: Records of inspections performed and repairs completed.

7.5.13 Wet Feed Removal: Records verifying that animal housing was inspected

for wet feed after a rain event/in spection and that the wet feed was

removed.

7.5.14 Alternative Freestall/Corral/ Animal Housing Mitigation Measure: Records that demonstrate complian ce with each approved alternative mitigation measure to the sati sfaction of the APCO and EPA.

7.6 Records for Solid Manure/Separate d Solids Outside of Animal Housing

7.6.1 Aerated Static Pile: Records of monitoring/inspection logs and maintenance logs.

7.6.2 Removal of Manure/Sepa rated Solids: Records su fficient to verify when

the waste was removed from freesta ll/corral/animal housing and when

the waste was either removed from the facility or land incorporated.

7.6.3 Storage of Manure/ Separated Solids in an Aerobic/Anaerobic Digester

7.6.3.1 Records, such as design specifications and maintenance logs, demonstrating that any aerobic/ anaerobic digesters used to comply with rule requirements meets the standards in NRCS

# REVISED PROPOSED October 21, 2010

4570 - 58 Revised Proposed Rule 4570 Field Office Technical Guid e Code 366 or 365 or other applicable standards approved by the APCO and EPA.

7.6.3.2 Records of the quantity of manure/separated so lids, as needed, to comply with the approve d Phase II mitigation measure.

7.6.4 VOC Emission Control Syst ems: Source test results, monitoring/inspection logs and maintenance logs.

7.6.5 Weatherproof Coveri ngs: Records verifying that any covers used are installed, used, and maintained in accordance with manufacturer recommendations and any applicable standard approved by the APCO

and EPA. For covers re moved by wind events, an estimate of when the

cover was removed and documentation of when the manure/separated solid piles were re-covered.

7.6.6 Alternative Solid Manure/Separat ed Solids Mitigation Measure: Records that demonstrate compliance with e ach approved alternative mitigation

measure to the satisfaction of the APCO and EPA.

7.7 Records for Liquid Manure

7.7.1 Lagoons

7.7.1.1 Test results of the approved monitoring parameter and records of measures taken to bring th e parameter within specified

limits.

7.7.1.2 Design specificati ons demonstrating that the lagoon meets the requirements listed in the NRCS Field Office Technical Guide for the lagoon type or other a pplicable standards approved by

the APCO and EPA.

7.7.2 Solids Separator System

7.7.2.1 Records, such as design specifications and maintenance logs, demonstrating that the solids separator system meets the approved mitigation measure specifications and is operated and

maintained as recommende d by the manufacturer.

7.7.2.2 Non-Standard Chemicals: Reco rd the quantity of material used. Owners/operators shall also ma intain manufacturer’s product usage recommendations to demonstrate compliance with the

manufacturer’s recommendations.

# REVISED PROPOSED October 21, 2010

4570 - 59 Revised Proposed Rule 4570 7.7.2.3 Non-Standard E quipment for Solid Separator System: Records, such as design specificati ons and maintenance logs, demonstrating that the solids separator equipment meets the approved mitigation measure specifications and is operated and

maintained as recommende d by the manufacturer.

7.7.3 VOC Emission Control Systems, including biofilters and other VOC emission control systems: Source test results, monitori ng/inspection logs and maintenance logs.

7.7.4 Alternative Liquid Manure M itigation Measures : Records that demonstrate compliance with the approved alternative mitigation measure, to the satisfact ion of the APCO and EPA.

7.8 Records for Land Application of Manure

7.8.1 Time to Incorporate Manure: Records indicating the time the manure was applied and when the waste was incorporated into the soil.

7.8.2 Lagoon-Treated or Digester-Treate d Manure: Records that demonstrate that the applied manur e came from an aerobic lagoon, an anaerobic treatment lagoon or a digester system.

7.8.3 Liquid Waste Standing in Field: Records that demonstrate that liquid

manure does not remain in the field for longer than twenty-four (24) hours after application.

7.8.4 Moisture Content of Solid Manure: Records of the moisture content of applied solid manure.

# REVISED PROPOSED October 21, 2010

4570 - 60 Revised Proposed Rule 4570 7.9 Records Retention

Owners/operators of a CAF subject to th e requirements of Section 5.0 shall keep and maintain the required in Sections 7.1 through 7.8.4, as applicable, for a minimum of five (5) years and the r ecords shall be made available to the APCO and EPA upon request.

7.1 Recordkeeping

7.1.1 The following records shall be kept and maintained for a minimum of five (5) years and shall be made availabl e to the APCO, ARB, and EPA

upon request:

7.1.1.1 Owners/operators claiming any ex emption pursuant to Section

4.0 shall maintain records dem onstrating that the CAF meets the exemption criteria of this rule,

7.1.1.2 Owners/operat ors subject to the requi rements of Section 5.0

shall maintain:

7.1.1.2.1 Copies of all of the facility's permits,

7.1.1.2.2 Copies of all laboratory te sts, calculations, logs, records, and other information required to demonstrate compliance with all app licable requirements of this rule , as determined by the APCO, ARB, EPA,

7.1.1.2.3 Records of the number of animals of each species and production group at the facility on the permit issuance date. Quarterly records of any changes to

this information shal l also be mainta ined, (e.g. Dairy Herd Improvement Association records, animal

inventories done for fina ncial purposes, etc.),

7.1.1.2.4 Feed Content: owners/ope rators shall maintain records of feed content, formulation, quantity of

feed additive utilize d, sufficient to demonstrate compliance with any mitig ation measures chosen (e.g. feed sheets),

7.1.1.2.5 Feed Processing: owners/ operators shall maintain records demonstrating that feed was fed to animals (e.g. put in feed bunks) or disposed of within fo rty

eight (48) hours of grinding and mixing sufficient to

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4570 - 61 Revised Proposed Rule 4570 demonstrate compliance with any mitigation measures chosen,

7.1.1.2.6 Feed Removal: owners/ope rators shall maintain

records sufficient to demonstrate that feed was removed and dispos ed of in compli ance with any mitigation measures chosen,

7.1.1.2.7 Silage: owners/operators shall maintain records demonstrating that silage was covered in compliance with any mitigation measur es chosen (i.e. invoices demonstrating that silage covers were installed and

maintained at th e facility and ma intenance records for repair or replacemen t of damaged covers),

7.1.1.2.8 Leachate: owners/operato rs choosing a mitigation measure relating to leachate collection shall maintain records demonstrating that the leachate was collected either by an active or pass ive system and the system was maintained in a manner approved by the APCO, ARB, and EPA (such as de sign specification for the system and a maintenance checklist for inspections and repairs),

7.1.1.2.9 Housing Cleaning: owners/operators shall maintain records sufficient to demonstrate management practices listed in the facility's emission mitigation plan were performed and ma nure height limits in the facility's emission mitig ation plan were not exceeded. This may be a log when owners/operators initial that they performed all applicable practices and visually inspected ma nure buildup to ensure it does not exceed the height limits.

7.1.1.2.10 Floats: owners/operato rs choosing mitigation measures relating to floats on tro ughs shall maintain

sufficient records to demons trate that the floats are

maintained in a manner to ensure that water does not intentionally or unintenti onally spill onto an earthen ground,

7.1.1.2.11 Lime, thymol, and euge nol: owners/operators choosing m itigation measuring relating to lime, thymol, or eugenol shall ma intain records including manufacture product app lication recommendations

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4570 - 62 Revised Proposed Rule 4570 and product application r ecords that demonstrate lime, thymol, or eugenol was applied in accordance

with manufacturer recommendations,

7.1.1.2.12 Animal waste depth: owners/operators shall measure and record the depth of manure at its deepest depth at least one ev ery ninety (90) days in each area that they chos e a mitigation measure limiting animal waste depth,

7.1.1.2 .13 Corral maintenance: owners/ operators shall maintain

records sufficien t to demonstrate all housing management practices (inc luding but not limited to harrowing and sloping of corrals) used to comply with rule requirements ar e implemented as required

in the rule,

7.1.1.2.14 Records, such as design specifications, demonstrating that any shade structures used to comply with rule require ments meet the required standards,

7.1.1.2.15 Records such as design specifications and maintenance logs demonstrating that any roof runoff structures used to comp ly with rule are in compliance with applicable standards in NRCS Field

Office Technical Guide Code 558 or other applicable standards approved by the APCO, ARB, and EPA,

7.1.1.2.16 Records, including a copy of th e manufactures' recommendations, that demons trate any animal waste additives used to comply with rule requirements are

administered in accordance with manufacturer's specifications,

7.1.1.2.17 Records, such as manufac turer warranties or other

documenta tion, demonstrating th at any covers used, such as lagoon covers, weat herproof covering over solid animal waste, and weatherproof covering over separated solids, are instal led, used, and maintained

in accordance with manuf acturer recommendations and applica ble standards listed in NRCS Field Office

Technical Guide Code 313 or 367, or any other applicable standard a pproved by the APCO, ARB, and EPA,

# REVISED PROPOSED October 21, 2010

4570 - 63 Revised Proposed Rule 4570 7.1.1.2.18 Records, such as design specifications and maintenance logs, demonstrating that any anaerobic digest ers used to comply with rule requirements meetings the standards in NRCS Field Office

Technical Guide Code 366 or 365 or other applicable standards approved by the APCO, ARB, and EPA,

7.1.1.2.19 Records, such as design specifications, demonstrating th at any aerobic, anaerobic, or mechanically aerated lagoon used to comply with rule requirements meets th e dimension requirements

listed in the NRCS Field Office Technical Guide Code 359,

7.1.1.2.20 Records, such as calculations, demonstrating that

any aer obic, anaerobic, or m echanically aerated lagoon used to comply with rule requirements meets the dimension requirements listed in the NRCS Field

Office Technical Gu ide Code 359, and

7.1.1.2.21 Records, such as design specifications and maintenance logs, de monstrating that any solid separation system complie s with the applicable

standards in NRCS Field Office Technical Guide 632 or other applicable st andard approved by the APCO, ARB, and EPA.

7.10 7.2 Compliance Testing, Mon itoring, and Calculations Source Testing Requirements

7.10.1 7.2.1 Owners/operators shall conduct an initial source test of all VOC

control devices and aerated static piles used to co mply with rule requirements not later than six (6) months after the date of installation, and at least once every twelve (12) months thereafter unless the APCO, ARB, and EPA determines more fr equent testing is required to demonstrate compliance w ith rule requirements.

7.10.2 7.2.2 Owners/operators using phototrop h ic lagoons as a mitigation measure in their emission mitigation pl an shall test lagoons for bacteria concentration, bacter iochlorophyll concentra tion, or a surrogate parameter determined by the APCO, ARB, and EPA not later than six (6) months after the date of issuance of the permit, and least once every twelve (12) months thereafte r unless the APCO, ARB, and EPA

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4570 - 64 Revised Proposed Rule 4570 determines more frequent testing is required to demonstrate compliance with rule requirements.

7.10.3 7.2.3 Owners/operators using aerobic lagoons as a mitigation measure in their emission mitigation plan sha ll test lagoons for dissolved oxygen content not later than six (6) months after the date of issuance of the permit, and at least once every twelve (12) months thereafter, unless the APCO, ARB, and EPA determines more frequent testing is required to demonstrate compliance w ith rule requirements.

7.10.4 7.2.4 Owners/operators using mechan ically aerated lagoons as a mitigation measure in their emission mitigation plan shall test lagoons for biological oxygen de mand within six (6) mont hs after the date of issuance of the permit, and at le ast once every twelve (12) months thereafter, unless the APCO, ARB, a nd EPA determines more frequent testing is required to demonstrate compliance with rule requirements.

7.10.5 7.2.5 Owners/operators using lagoon pH as a mitigation measure in their emission mitigation plan shall test la goons for pH within six (6) months after the date of issuance of the pe rmit, and at least once every twelve (12) months thereafter, unless th e APCO, ARB, and EPA determines more frequent testing is required to demonstrate comp liance with rule requirements.

7.10.6 7.2.6 Owners/operators shall test a ny other parameters determined necessary by the APCO, ARB, and EP A to demonstrate compliance with rule requirements as frequently as determined necessary by the APCO, ARB, and EPA.

7.11 7.3 Test Methods

Owners/operators shall conduct applicab le testing using the following methods or any other alternative test method a pproved by the APCO and EPA. Test

methods referenced shall be the latest approved version.

7.11.1 Bacterial Concentration - ASTM D4454 - 85(2009) Standard Test

Method for Simultaneous E numeration of Total and Respiring Bacteria in Aquatic Systems by Microscopy or ASTM D4455 - 85(2009) Standard

Test Method for Enumeration of A quatic Bacteria by Epifluorescence Microscopy Counting Procedure.

7.11.2 Bacteriochloroph yll a Concentration – ASTM D3731 – 87 (2004) Standard Practices for Measurement of Chlorophyll Content of Algae in

Surface Waters.

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4570 - 65 Revised Proposed Rule 4570 7.11.3 7.3.1 EPA Method 4 05.1

- Biological Oxygen Demand – EPA Method 405.1 (Biochemical Oxygen Demand (5 days, 20°C)).

7.3.2 Control Efficiency or Emissions Determination:

7.3.2.1 South Coast Air Quality Management District (SCAQMD)

Method 25.3

- Non

- methane, Non

- ethane Organic Compound Emissions from Clean Fueled Combustion Sources,

7.3.2.2 SCAQMD Method 1.1

- Sample and Velocity Traverses for Stationary Sources,

7.3.2.3 SCAQMD Method 1.2

- Sample and Velocity Traverses for Stationary Sources with Small Stacks or Ducts,

7.3.2 .4 SCAQMD Method 2.1

- Determination of Stack Gas Velocity and Volumetric Flow Rate (S

- Type Pitot Tube),

7.3.2.5 SCAQMD Method 2.2

- Direct Measurement of Gas Volume Through Pipes and Small Ducts,

7.3.2.6 SCAQMD Method 2.3

- Determination of Gas Velocity and Volumetric Flow Rate,

7.11.4 Bulk Packing Density of Silage Piles – Remove representative samples of known volume using a forage probe or other instrument and weighing the samples. Bulk density is the we ight of the sample divided by the

volume of material removed from the pile. The bulk density shall be determined as the averag e of at least three representative samples per silage pile.

7.11.5 Biofilter Control Efficiency – The control efficiency of a biofilter shall be determined using SCAQMD Met hod 25.3 (Determination of Low

Concentration Non-Methane Non-Et hane Organic Compound Emissions

from Clean Fueled Combustion S ources). The SCAQMD Method 25.3 apparatus should be connect ed to sample directly inside the flux chamber or duct as applicable. Compost em issions are considered as watersoluble sources where the 50 ppm a pplicability limit of Method 25.3 does not apply. Samples from more than one location may be combined (composited) per SCAQMD Rule 11 33.2 Attachment A Section 8.

7.11.6 Non-Biofilter Control Efficiency – The control efficiency of a VOC emission control system that is not a biofilter shall be determined using:

# REVISED PROPOSED October 21, 2010

4570 - 66 Revised Proposed Rule 4570 7.11.6.1 EPA Methods 2 (Determina tion of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube)), 2A (Volume Meters), or 2D (Rate Meters ) for measuring flow rates.

7.11.6.2 EPA Methods 25, 25A, or 25B for measuring total gaseous organic concentrations at the inlet and outlet of the control

device.

7.11.6.3 EPA Method 18 or ARB Method 422 shall be used to determine the emissions of exempt compounds.

7.11.7 7.3.3 Dissolved Oxygen - EPA Met hod 360.1 (Oxyge n, Dissolved (Membrane Electrode)) or 360.2 (Oxygen, Dissolved (Modified Winkler, Full-Bottle Technique)).

7.11.8 7.3.4 Moisture Content for Biofilters - Test Methods for the Examination of Compost and Co mposting (TMECC) Method 3.09 (Total Solids and Moisture at 70±5 degrees Centigrade) and

7.11.9 Moisture Content for Silage – Soil, Plant and Water Reference Methods for the Western Region [Third Edition, 20 05] Test Method P1.10 (Dry Matter Content - Gravimet ric), or American Association of Agricultural and Biological Engi neers (ASABE) Standard S358.2, National Forage Testing Associat ion (NFTA) Methods 2.1.3 and 2.1.4, AOAC Methods: 930.15, 934.01, 991.01, and 2001.12.

7.11.10 7.3.5 Organic Loading - Standard Methods of the Examination of

Water and Wastewater Me thod 2540 G – Solids.

7.11.11 pH – EPA Method 150.2 (pH, Electromet ric) or TMECC Method 04.11-A (1:5 Slurry pH)

7.11.12 Temperature – EPA Method 170.1 (Temperature – Thermometric)

7.11.13 Alternative Test Methods – An operator may use an alternative test

method to those listed in Secti ons 7.11.1 through 7. 11.13 for which written approval of the APCO and EPA has been obtained.

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4570 - 67 Revised Proposed Rule 4570 8.0 Compliance Schedule

8.1 Owners/operators of facilities subject to the Regulatory Th reshold requirements

of this rule under Table 2 shall submit a complete Permit-to-Operate or Authority-to-Construct application for th e Phase II requirements in Section 5.6 by (six months after rule adoption date) that comp lies with all applicable provisions of this rule.

8.1.1 Owners/operators shall comply with all provisions of Phase II requirements on and after 365 days from the Authority-to-Construct or Permit-to-Operate issuance da te, whichever is earlier.

8.1.2 Owners/operators of Large CAFs shall comply with the Phase I requirements in Section 5.5 until de monstrating full compliance with Phase II requirements in Section 5.6.

8.2 Owners/operators of new or modified facilities th at become subject to the Regulatory Threshold requirements of this rule unde r Table 2 shall comply with the Phase II requirements of Section 5.6.

8.1 Owners/operators of facilities existing on and before June 15 , 2006 shall submit

an A uthority to Construct or Permit to Operate application by December 15, 2006 that complies with all appli cable provisions of this rule.

8.2 Owners/operators of facilities that commence operation after June 15, 2006 shall submit an Authority to Construct or Permit to Operate application prior to commencing operation or by December 15, 2006, whichever is later, that complies with all applicable provisions of this rule.

8.3 Owners/operators shall comply with all provisions of this rule and applicable permits on and after 365 days from the permit issuance date.

8.4 Loss of Exemption

Owners/operators of a CAF that is exem pt pursuant to Section 4.0 and which becomes subject to th is rule through the loss of exemption status shall comply with all applicable provi sions of this rule on and after the date the exemption

status is lost.

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