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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Proposed Rulemaking

for the

California State Implementation Plan

San Joaquin Valley Unified Air Pollution Control Rule 4566

Pertaining to Organic Material Composting Operations

Prepared by: Nancy Levin

April 27, 2012
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San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4566, Organic Material 

Composting Operations (Composting)

Regulation Adoption and Submittal Chronology 

Date Action

June 14, 2007 The California Air Resources Board (ARB) adopts SJVUACPD 2007 

Ozone Plan. Plan includes a commitment to reduce VOCs from green 

material composting by 1st Quarter 2009. (S-GOV-5).

December 18, 2008 SJVUAPCD revises the control measure completion date for 

Composting Green Waste to 4th Quarter 2010.

August 18, 2011 SJVUAPCD adopts Rule 4566.

September 13, 2011 SJVUAPCD submits Rule 4566 to ARB.

November 18, 2011 ARB submits Rule 4566 to EPA as requested by SJVUAPCD.

December 22, 2011 EPA finds that ARB’s submittal fulfilled the completeness criteria in 40 

Code of Federal Regulations Part 51, Appendix V.

Background

This regulation applies to operations that compost and stockpile organic material in the San 

Joaquin Valley. Organic material is defined in the rule as food material, green material, or a 

mixture thereof, and may include wood material and a total of less than 100 wet tons per year of 

biosolids, animal manure, or poultry litter. Composting operations with more than 100 wet tons 

of biosolids, animal manure, or poultry litter are subject to SJVUAPCD Rule 4565 (Biosolids, 

Animal Manure, and Poultry Litter Operations) for that portion of the organic material. 

Based on the August 18, 2011 SJVUAPCD Rule 4566 final staff report, Appendix D, there are

16 compost operations in the San Joaquin Valley that are subject to the rule. Several additional 

facilities have compost permits to stockpile compostable material but they do not produce 

compost. The demand for greenwaste and foodwaste composting operations is expected to 

increase, largely due to California’s Strategic Directive 6.1, which requires 50% organic waste 

diversion from landfills by the year 2020.1

The San Joaquin Valley Air Basin is extreme nonattainment for the National Ambient Air 

Quality Standard (NAAQS) for 8-hour ozone.2 Degradation of organic material, such as occurs in 

composting, releases volatile organic compounds (VOCs). VOCs are precursors to the formation 

of ground-level ozone. The SJVUAPCD estimates that compost facilities release 14 tons per day 

of VOCs. The SJVUAPCD’s goal in adopting Rule 4566 is “to reduce VOC emissions through 

requirements that can be feasibly implemented without resulting in operational expenses or 

finished product costs that would render composting operations economically inoperable.” The 

SJVUAPCD committed in the 2007 Ozone Plan to develop this rule. The SJVUAPCD directed a 

field study (2009- 2010) to measure effectiveness of four best management practices (finished 

 

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http://www.calrecycle.ca.gov/Archive/IWMBPlans/2007/SD06.htm

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40 CFR 81.305.
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compost cover, watering system, interactive management, and smaller piles).3The field study 

analysis showed that, of the measures studied, application of a finished compost cover at each 

turn and watering prior to turning are the most effective of the four best management practices

studied to reduce VOCs.

4 Rule 4566 requires either implementation of watering systems, 

finished compost cover and watering systems, or an 80% emission control measure (e.g. aerated 

static pile with biofilter) depending on the operation’s actual annual throughput. None of the 

current facilities in the District trigger the requirement to use the 80% emission control device. 

This rule is designed to reduce VOC emissions by 4.16 tons/day. The SJVUAPCD collaborated 

with South Coast Air Quality Control Management District (SCAQMD) as they developed 

SCAQMD Rule 1133.3 to regulate greenwaste composting. SCAQMD adopted Rule 1133.3 on 

July 8, 2011, and ARB submitted it to EPA (with SJV 4566) on November 18, 2011.

On January 10, 2012, EPA partially approved and partially disapproved the RACT SIP submitted 

by California on June 18, 2009 for the SJV extreme ozone nonattainment area (2009 RACT SIP), 

based in part on our conclusion that the State had not fully satisfied CAA section 182 RACT 

requirements for certain source categories, including organic material composting operations. 

See 77 FR 1417, 1425 (January 10, 2012). At the time, EPA had not yet made a RACT 

determination for this source category. Final approval of Rule 4566 will satisfy California's 

obligation to implement RACT under CAA section 182 for this source category for the 1-hour 

ozone and 1997 8-hour ozone NAAQS.

Rule Summary 

SJVUAPCD Rule 4566 established VOC emission reduction requirements for composting 

operations. The requirements are based on actual throughputs, rather than the maximum 

allowable capacity limits. The requirements include the following:

Composting operations receiving less than 200,000 wet tons per year of organic material 

are subject to specific watering system requirements or alternative mitigation measures 

that demonstrate at least a 19% reduction, by weight, in VOC emissions.

Composting operations receiving greater than or equal to 200,000 tons per year and less 

than 750,000 tons per year are subject to both the watering systems and the finished 

compost cover requirements or alternative mitigation measures that demonstrate at least a 

60% reduction, by weight, in VOC emissions.

Composting operations receiving 750,000 tons or more per year or more are subject to 

mitigation measures that demonstrate at least 80% reduction, by weight, in VOC 

emissions for organic material.

 

3Compost VOC Emission Factors, September 15, 2010, September 15, 2010, 

http://www.valleyair.org/busind/pto/emission_factors/criteria/criteria/composting/compost%20ef.pdf

4 The draft study found that finished compost cover provided 53% reduction of VOC, and surface irrigation before 

turning provided at least 24% reduction. Based on discussion with SJVUAPCD staff these numbers were revised to 

60% and 19% respectively, due to a calculation error. 
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Stockpiled organic material must be removed or covered within 10 days for composting 

operations that receive less than 100,000 tons per year of organic material, and within 3 

days for operations receiving 100,000 or more tons per year.

Evaluation Criteria

EPA is primarily evaluating Rule 4566 regulations pertaining to composting against three 

criteria:

Enforceability: Consistent with Section 110(a)(2)(A) of the Clean Air Act (CAA), SIP 

regulations must be clear regarding, for example, who must comply, by what date, the standard of 

compliance, the methods used to determine compliance, and the process and criteria for obtaining

any variation from the normal mode of compliance.5 Guidance used to help evaluate 

enforceability includes the Bluebook and the Little Bluebook.

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Anti-Backsliding: We evaluate a SIP revision to determine whether it would interfere with any 

applicable requirement concerning attainment and reasonable further progress (RFP) or any other 

applicable requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIPapproved control requirement in effect before November 15, 1990 (CAA §193).

Stringency: CAA Section 182(b)(2) directs ozone nonattainment areas to adopt and submit SIP 

provisions implementing RACT for all major stationary sources of VOC. RACT is “the lowest 

emission limitation that a particular source (can meet using) control technology that is reasonably 

available, considering technological and economic feasibility.” (44 FR 53762, September 17, 

1979). 

SJV is also subject to CAA section 172(c)(1), which requires implementation of all reasonably 

available control measures (RACM) necessary for expeditious attainment of the NAAQS. EPA 

generally takes action on a RACM demonstration as part of our action on the State’s attainment 

demonstration for the relevant NAAQS, based on an evaluation of the control measures 

submitted as a whole and their overall potential to advance the applicable attainment date in the 

area. See, e.g., 77 FR 12652 (March 1, 2012) (final rule approving 8-hour ozone attainment plan 

for SJV). Thus, in this action, we are evaluating Rule 4566 with respect to RACT only. 

Summary of Evaluation

Enforceability: The rule applies to composting facilities (as defined in the rule) that compost 

and/or stockpile organic material. The standards of compliance are clearly stated (Section 5.0). 

 

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“Review of State Implementations Plans and Revisions for Enforceability and Legal Sufficiency” (Enforceability 

Guidance), Craig Potter, EPA, September 23, 1987. See also General Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990. 57 FR 13498, 13502 and 13541 (April 16, 1992) (General Preamble) and 

CAA §§110(a)(2) and 172(c)(6). http://www.epa.gov/compliance/resources/policies/civil/caa/stationary/review-enfrpt.pdf.

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“Guidance Document for Correcting Common VOC and Other Rule Deficiencies,” U.S. EPA Region IX, August 

21, 2001 (The Little Bluebook), and “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” 

U.S. EPA, OAQPS, May 25, 1998 (The Bluebook).
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The rule allows for rule requirements to be met based on alternative test methods approved by 

the APCD and EPA (Section 6.4.2). It contains the process and criteria for obtaining alternative 

methods (Sections 5.2 and 6.2). Methods used to determine compliance include the following: 

the requirements of the operator to submit a Facility Emission Mitigation Plan (Section 7.1); an 

alternative mitigation measures compliance plan (as applicable) (Section 6.2); using the ball test 

for moisture (Section 6.3.4.1.2); keeping records for the dates and amounts of throughput 

received, and the date and time (as applicable) that mitigation measures are implemented

(Section 6.3). Finally, the rule contains a schedule for compliance (Section 7.0). Based on this 

information, we believe that rule 4566 is clear and adequate to ensure that the submitted rule can 

be enforced consistent with the requirements of CAA Section 110(a)(2)(A).

Anti-backsliding: There is no prior version of SJVAPCD Rule 4566 in the SIP. We propose to 

determine that our approval of the submittal would comply with CAA sections 110(l) and 193, 

because the proposed SIP revision would not interfere with the on-going process for ensuring that

requirements for RFP and attainment of the NAAQS are met, and the submitted SIP revision is 

more stringent than the requirements previously approved into the SIP.

Stringency: SJVUAPCD’s RACT analysis presents several arguments in support of its conclusion 

that Rule 4566 adequately implements RACT. These include the following:

1. There is no federal policy or guidance (e.g., EPA Control Techniques, Alternative Control 

Technology Guidelines, New Source Performance Standard, National Emission Standard 

for Hazardous Air Pollutants, or Maximum Achievable Control Technology) describing 

reasonably available controls for organic material composting. 

2. Based on the District’s cost-effectiveness analysis, it would not be economically feasible 

for operators to implement more stringent controls than what is proposed in the rule.

EPA concurs with SJVUAPCD’s conclusion that Rule 4566 adequately implements RACT based 

on the points summarized above and considering additional information including the following:

1. There is little, if any regulatory history regarding compost operations. The SCAQMD is 

the only other nonattainment area that has compost regulations (1133.3 Greenwaste 

Composting), and these were adopted about a month prior to Rule 4566 adoption.

2. Given the lack of regulatory history for this category, there is not sufficient precedent to 

clearly define additional RACT compost controls at this time. 

3. Based on our analysis, we have no basis to conclude that additional controls are 

reasonably available.

Additional Recommendations for the Next Rule Revision

The following revisions are not currently the basis for rule disapproval, but are recommended for 

the next time the rule is amended.
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1. Adjust the compost emission factor as more data become available. The estimated 

greenwaste emission factor (5.71 lbs-VOC/ton) used for this rule is a based on the 

average VOC/ton of four facilities in California. These facilities had a relatively wide 

range of results (0.85 – 10.03 lbs-VOC/ton).

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2. Develop and incorporate food waste emission factors to more accurately characterize the 

VOC emissions from composting that contains food material. 

3. Rule 4566 sections 5.2.1.2, 5.2.2.2, and 5.2.3 allow APCO- and EPA-approved 

alternative mitigation measures that demonstrate at least 19%, 60%, or 80% reduction in 

VOC. However, these sections do not specify the test methods that will be used to 

demonstrate these VOC control efficiencies. EPA recommends the District to include in 

the next revision to Rule 4566, the appropriate test methods and test protocol guidelines 

to determine percent VOC reduction (See, for example, South Coast Rule 1133.3). Until 

the rule is so revised, alternative mitigation measures submitted to EPA for approval 

should include the test methods and protocol on how the percent VOC reduction will be 

determined before EPA will consider the submittal complete and ready for review.

EPA Action

The submitted regulation is enforceable, strengthens the SIP, and meets CAA requirements for 

RACT. Therefore, EPA recommends its approval.

References

1. SJVUAPCD Rule 4566: Organic Material Composting Operations, adopted August 18, 

2011.

2. “Final Draft Staff Report, Revised Proposed New Rule 4566: Organic Material 

Composting Operations.” SJVUAPCD, August 18, 2011 and its Appendices.

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988.

4. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., 

Little Bluebook), EPA Region 9, August 21, 2001 

5. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern 

RACT, 52 FR 45044, November 24, 1987.

6. “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Amendments of 1990,” 57 FR 13498, April 16, 1992.

7. “Preamble, Final Rule to Implement the 8-hour Ozone National Ambient Air Quality 

Standard,” 70 FR 71612, November 29, 2005.

8. “Reasonably Available Control Technology (RACT) Demonstration for Ozone State 

Implementation Plans (SIP)” SJVUAPCD, April 16, 2009.

 

7 Compost VOC Emission Factors, September 15. 2010. http://valleyair.org/Workshops/postings/2010/9-22-10-

rule4566/SJVAPCD%20Compost%20VOC%20EF%20Report%209-15-10.pdf (SJVUACPD Workshop September 

22, 2010) 
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9. Letter from William T. Hartnett to Regional Air Division Directors, “RACT Qs & As –

Reasonable Available Control Technology (RACT): Questions and Answers,” EPA, May 

18, 2006.

10. SCAQMD Proposed Rule 1133.3: Emission Reductions from Greenwaste Composting 

Operations, adopted July 8, 2011

11. “Final Staff Report for Proposed amended Rule 1133.1 – Chipping and Grinding 

Activities; Proposed Rule 133.3 – Emission Reductions from Greenwaste Composting 

Operations, SCCQMD, July 2011

12. Partial Approval and Partial Disapproval of Air Quality Implementation Plans; 

California; San Joaquin Valley; Reasonably Available Control Technology for Ozone, 77 

FR 1417, January 10, 2012