SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-1 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

APPENDIX F 

RULE CONSISTENCY ANALYSIS FOR 

REVISED PROPOSED AMENDMENTS TO 

RULE 4570 (CONFINED ANIMAL FACILITIES) 

October 21, 2010 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-2 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

This page intentionally blank. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-3 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

RULE CONSISTENCY ANALYSIS 

I. Requirements for Rule Consistency Analysis 

Pursuant to Section 40727.2 of the California Health and Safety Code, prior to adopting, 

amending, or repealing a rule or regulation, the District is required to perform a written 

analysis that identifies and compares the air pollution control elements of the rule or 

regulation with corresponding elements of existing or proposed District and United 

States Environmental Protection Agency (EPA) rules, regulations, and guidelines that 

apply to the same source category. The elements that were analyzed are mitigation 

measures, monitoring and testing, and recordkeeping and reporting requirements. Staff 

found that none of the requirements of Rule 4570 would conflict with State or Federal 

rules, regulations, or policies. 

II. Results of Analysis 

A. District Rules 

Rule 4570 would apply to confined animal facilities. Emission sources subject to 

proposed Rule 4570 are subject to the following rules: 

• 3190 (Conservation Management Practice Fee) 

This rule applies fees to recover costs for the District's Conservation 

Management Practice. No sections of this rule and Proposed Rule 4570 

contradict. 

• 4550 (Conservation Management Practices) 

o Poultry - No measures in Rule 4550 would affect a facility's selected 

mitigation measures in proposed Rule 4570. 

o Swine -Swine are exempt from Rule 4550. 

o Dairy and cattle operations - The decreased moisture that reduces VOC 

emissions can increase PM emissions. Since Rule 4550 is intended to 

reduce PM emissions while proposed Rule 4570 is intended to reduce VOC 

emissions, the management practices in Rule 4550 to increase moisture in 

pens and corrals to reduce PM emissions are incompatible with the mitigation 

measures in Proposed Rule 4570 to reduce moisture in pens and corrals to 

reduce VOC emissions. However, both rules have sufficient diversity of 

management practices such that a facility could comply with both rule 

requirements while choosing practices that reduce moisture; choosing 

practices that increase moisture; or choosing practices that do not affect 

moisture. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-4 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

B. Federal EPA Rules, Regulations, and Policies 

1. Title 40 CFR Parts 9, 122, 123, and 412 

Facilities shall obtain a National Pollutant Discharge Elimination System permit. 

Nothing in Rule 4570 would preclude this. 

2. EPA Control Techniques Guideline (CTG) Document 

There is no EPA CTG for confined animal facilities. 

3. EPA Policy on Recordkeeping 

The recordkeeping requirement in Section 6.1 of Rule 4570 is consistent with EPA’s 

policy to keep and maintain records for at least five years. 

C. California Rules, Regulations, and Policies 

1. CCR Title 27 §13260 & 13263 

These sections require any person discharging or proposing to discharge wastes that 

could affect the quality of surface or groundwater to notify the Regional Water Quality 

Board. The person shall implement state and federal water quality control policies as 

well as the Basin Plan for the applicable area. The rule does not conflict with existing 

RWQB regulations. 

2. CFR Title 27 §22560, 22561, 22562, 22563, 22564, and 22565 

These sections specify general standard for confined animal facilities including 

preventing animals from entering surface water; requirements for handling of 

wastewater; standards for land application of manure and wastewater; minimization of 

water in manured areas from infiltrating the underlying soils, and monitoring. No 

requirements of Rule 4570 would be inconsistent with the goals and requirements of 

these sections. 

3. CCR Title 3, Division 2, Chapter 1, Article 21, §622 

This section requires that no cross connections may be installed between safe and 

unsafe or questionable water supplies. No requirements in Rule 4570 would require 

this. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-5 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

4. CCR Title 3, Division 2, Chapter 1, Article 21, §646.1 

This section requires that dirt or unpaved corrals or ramps not be located closer than 25 

feet from the milking barn or closer than 50 feet from the milk house. This section also 

provides minimum slope requirements for unpaved corrals and requires that all cow 

washing areas be paved and sloped to drain. None of the management practices in 

Rule 4570 would contradict these requirements. 

5. CCR Title 3, Division 2, Chapter 1, Article 21, §659 

This section requires that floors, curbs, and gutters of the milking barn be constructed of 

concrete or other acceptable material and sloped to a drain. No management practices 

in Rule 4570 would preclude this. 

6. CCR Title 3, Division 2, Chapter 1, Article 21, §661 

This section requires that roof drainage from barns, milk houses, or shelters shall not 

drain into a corral unless the corrals are paved and properly drained. No management 

practices in Rule 4570 would preclude this. 

7. CCR Title 3, Division 2, Chapter 1, Article 21, §662 

This section requires that the feed discharge area of bulk feed storage facilities shall be 

paved with concrete or equal material, curbed, and sloped to drain. No management 

practices in Rule 4570 would preclude this. 

8. Regional Water Quality Board Waste Discharge Requirements 

The Revised Proposed Rule 4570 does not conflict with the Regional Water Quality 

Board waste discharge requirements. The differences between the rules are due to the 

different goals, relevant science available, and jurisdictions of the agencies. 

It is important to mention that in cases where one agency's rules are more stringent 

than another agency's rules, affected source operators are obligated to comply with the 

most stringent regulatory requirements. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix F: Rule Consistency Analysis for Rule 4570 October 21, 2010 

F-6 Final Staff Report with Appendices For 

Revised Proposed Amendments to Rule 4570 

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