SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix F: Rule Consistency Anal ysis 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, 2010SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix F: Rule Consistency Anal ysis 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 Anal ysis 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 Safe ty 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 Protec tion Agency (EPA) rules, regul ations, and guidelines that apply to the same source category. The elements that were analyzed are mitigation measures, monitoring and testing, and record keeping and reporting requirements. Staff found that none of the requirem ents of Rule 4570 would conf lict 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 subjec t 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 dec reased moisture that reduces VOC

emissions can increase PM emissions. Since Rule 4550 is intended to reduce PM emissions while proposed Ru le 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, bot h rules have sufficient diversity of management practices such that a fa cility could comply with both rule requirements while choosing practice s 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 Anal ysis 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 Eliminati on System permit. Nothing in Rule 4570 would preclude this.

2. EPA Control Techniques Gu ideline (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 record s for at least five years.

C. California Rules, Re gulations, and Policies

1. CCR Title 27 §13260 & 13263

These sections require any person dischargi ng or proposing to discharge wastes that could affect the quality of su rface or groundwater to notify the Regional Water Quality Board. The person shall implement state and federal wate r 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 ent ering surface water; requi rements 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 incons istent 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 connec tions 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 Anal ysis 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 co rrals 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 contradi ct these requirements.

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

This section requires that floor s, 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 r oof 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, cur bed, 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 c onflict 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 case s 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 Anal ysis for Rule 4570 October 21, 2010

F-6 Final Staff Report with Appendices For Revised Proposed Amendments to Rule 4570 This page intentionally blank.