SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix F: Environmental Analysis August 18, 2011 

F-1 Final Staff Report with Appendices 

 For Revised Proposed New Rule 4566 

APPENDIX F 

Environmental Analysis 

For Revised Proposed New Rule 4566 (Organic Material Composting 

Operations) 

August 18, 2011
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix F: Environmental Analysis August 18, 2011 

F-2 Final Staff Report with Appendices 

 For Revised Proposed New Rule 4566

This page intentionally blank. 
alSan Joaquin Valley 

am AIR POLLUTION CONTROL DISTRICT 

Draft New Rule 4566 

(Organic Material Composting 

Operations) 

(District Project CEQA # 20100641) 

(SCH No. 2011072019) 

Initial Study and Final Negative Declaration 

August 2011 
CHRIS VIERRA 

Mayor, City of Ceres 

HUB WALSH 

Supervisor, Merced County 

RAYMOND A. WATSON 

Supervisor, Kern County 

VACANT 

Small City Representative, Kings County 

VACANT 

Large City Representative, Tulare County 

VACANT 

Appointed by Governor 

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

GOVERNING BOARD 2011 

CHAIR: J. STEVEN WORTHLEY 

Supervisor, Tulare County 

VICE CHAIR: ANN JOHNSTON 

Mayor, City of Stockton 

MEMBERS: 

TONY BARBA 

Supervisor, Kings County 

JUDITH G. CASE 

Supervisor, Fresno County 

RONN DOMINIC! 

Supervisor, Madera County 

HENRY JAY FORMAN, PH.D 

Appointed by Governor 

RANDY MILLER 

Mayor, City of Taft 

WILLIAM O'BRIEN 

Supervisor, Stanislaus County 

LEROY ORNELLAS 

Supervisor, San Joaquin County 

AIR POLLUTION CONTROL OFFICER: 

SEYED SADREDIN 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

A. PROJECT BACKGROUND INFORMATION 

1. Project Title: 

Draft New Rule 4566 (Organic Material Composting Operations) 

2. Lead Agency Name and Address: 

San Joaquin Valley Unified Air Pollution Control District 

1990 E. Gettysburg Avenue 

Fresno CA 93726-0244 

3. Contact Person: 

CEQA: Mark Montelongo 

(559) 230-6000 

Permits: Koshoua Thao 

(559) 230-6000 

4. Project Location: 

This rule applies to composting operations, which include composting and/or 

stockpiling of organic material at a composting facility located within the boundaries 

of the San Joaquin Valley Unified Air Pollution Control District (see Exhibit 1, Map of 

District boundaries). 

5. Project Sponsor's Name and Address: 

San Joaquin Valley Unified Air Pollution Control District 

1990 E. Gettysburg Avenue 

Fresno CA 93726-0244 

6. Assessor's Parcel Number: 

Not applicable to this project. 

7. General Plan Designation/Zoning: 

Not applicable to this project. 

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Mr San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

Exhibit 1 

San Joaquin Valley Unified Air Pollution Control District Boundaries 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

8. Project Description: 

Consistent with the 2007 Ozone Plan commitments, Draft New Rule 4566 would 

establish VOC limits, including operational and administrative requirements, for organic 

material composting operations. Stockpile operations at composting operations would 

also be subject to draft rule requirements. 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. 

Operations composting more than 100 wet tons of biosolids are subject to District Rule 

4565 for that portion of the organic material. 

While composting of organic material is one of the desired alternative methods to divert 

reusable material from landfills, there are potenfial impacts to the air quality within the 

SJVAB. However, the District also recognizes that several composting operations are 

already taking measures to help reduce emissions through responsible composting 

practices. 

During composting operations, active composting is a significant part of the process in 

which the compost feedstock is rapidly decomposing. VOC emissions occur in the 

highest amounts during the active phase. Curing composting follows the active phase 

and is characterized by lower VOC emission rates. Draft New Rule 4566 utilizes the 

significant difference in emissions between the active phase and curing phase as a 

means to focus the VOC reduction efforts to a shorter period of the compost 

development process. This focus reduces the cost of implementation of the rule while 

ensuring sufficient VOC reduction effectiveness. 

Draft New Rule 4566 would establish VOC emission reduction requirements on the 

basis of actual throughputs, rather than the maximum allowable capacity limits, for the 

composting operations. 

• Composting operations with an organic material receiving volume of less than 

200,000 wet tons per year of organic material would be subject to the watering 

system requirements. 

• Composting operations with an organic material receiving volume of greater than 

or equal to 200,000 tons per year and less than 750,000 tons per year would be 

subject to both the watering system and the finished compost cover 

requirements. 

• Composting operations with total throughput of 750,000 tons per year or more 

would be subject to the engineered control systems. 

The draft rule further reduces VOC emissions from the composting operations by 

limiting the number of days that the organic material could be stockpiled. 

• Composting operations with less than 100,000 tons per year of organic material 

would be subject to a 10-day stockpile requirement. 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

• Composting operations with 100,000 tons per year or more of the material would 

be subject to a three-day stockpile requirement. Please refer to Section III 

(Current and Proposed Regulations) of this report for additional information. 

Table 1 shows the draft rule requirements for composting operations, based on total 

throughput. 

Table 1 — Summary of Draft Rule 4566 Requirements 

Draft Requirements 

Throughput Classification 

Compost, cover, or Composting 

remove stockpile Controls 

Throughput < 100K tpy - Within 10 days Watering system 

100K tpy 5 Throughput < 200K tpy Within 3 days Watering system 

200K tpy 5- Throughput < 750K tpy Within 3 days Watering System and 

Compost Cover 

Throughput -?. 750K tpy Within 3 days Engineered Controls 

9. Other Agencies Whose Approvals Are Required and Permits Needed: 

This project is a rule development project and does not require permits from any 

agency. The United States Environmental Protection Agency has authority to 

approve the rule for inclusion into California's State Implementation Plan. 

10. Name of Person Who Prepared Initial Study: 

Mark Montelongo 

Air Quality Specialist 

B. FINDINGS 

District staff has prepared a Final Draft Staff Report for the proposed amendments to 

the rule, incorporated herein by reference, which demonstrates that the proposed 

amendments to the rule would not have an adverse impact on air quality. Pursuant to 

CEQA Guidelines §15063(a), District staff prepared an Initial Study for the proposed 

project. The District issued a Notice of Intent to adopt a Negative Declaration that was 

made available for public review and comment from July 12, 2011 to August 10, 2011. 

The District received comments from the California Regional Water Quality Control 

Board and the Department of Transportation. All comments were duly considered and 

addressed in preparation of the Final Negative Declaration. A copy of the comment 

letters and District response to comments are incorporated into this document as 

Appendix A and Appendix B, respectively. 

The District finds that there is no substantial evidence that the project may have a 

significant effect on the environment. District staff has prepared a Negative Declaration 

for the project. Upon approval of the proposed rule by the District's Governing Board, 

District staff will file a Notice of Determination with each County Clerk within the 

boundaries of the District, CEQA Guidelines §15075(d). 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

E. ENVIRONMENTAL IMPACT CHECKLIST 

Potentially 

• AEST Significant 

. HTICS E Potentially Impact Less Than Would the proposal: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Have a substantial adverse effect on a X scenic vista? 

b) Substantially damage scenic resources, 

including, but not limited to, trees, rock X outcropping, and historic buildings within a 

state scenic highway? 

c) Substantially degrade the existing visual character 

_ X or quality of the site and its surrounding? 

d) Create a new source of substantial light or glare 

which would adversely affect day or nighttime X 

views in the area 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling of 

organic material at a composting facility. The proposed Draft New Rule would establish VOC emission reduction 

requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for composting 

operations. Implementation of the project would not impose requirements affecting aesthetics of existing or future 

composting facilities. Therefore the District concludes there is no substantial evidence of record to support a 

conclusion that approval and implementation of the project would have a detrimental impact on aesthetics, as 

identified above (a-d). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

II. AGRICULTURE RESOURCES 

In determining whether impacts to agricultural 

resources are significant environmental effects, 

lead agencies may refer to the California 

Agricultural Land Evaluation and Site 

Assessment Model (1997) prepared by the 

California Dept. of Conservation as an optional 

model to use in assessing impacts on agriculture 

and farmland. In determining whether impacts to Potentially forest resources, including timberland, are Potentially Significant Less Than significant environmental effects, lead agencies Significant Impact Significant No 

may refer to information complied b the California Impact Unless Impact Impact 

Department of Forestry and Fire Protection Mitigated regarding the state's inventory of forest land, 

including the Forest and Range Assessment 

Project and the Forest Legacy Assessment 

project; and forest carbon measures 

methodology provided in the Forest Protocols 

adopted by the California Air Resources Board. 

Would the project: 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

II. AGRICULTURE RESOURCES Significant 

(Continued) Potentially Impact Less Than 

Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Convert Prime Farmland, Unique Farmland, 

or Farmland of Statewide Importance 

(Farmland), as shown on the maps prepared 

pursuant to the Farmland Mapping and X 

Monitoring Program of the California 

Resources Agency, to non-agricultural use? 

b) Conflict with existing zoning for agricultural 

use, or a Williamson Act contract? X 

c) Conflict with existing zoning for, or cause 

rezoning of, forest land (as defined in Public 

Resources Code section 12220(g)), 

timberland (as defined by Public Resources X 

Code section 4526), or timberland zoned 

Timberland Production (as defined by 

Government Code section 51104(g))? 

d) Result in the loss of forest land or conversion 

of forest land to non-forest use? X 

e) Involve other changes in the existing 

environment which, due to their location or 

nature, could result in conversion of X 

Farmland, to non-agricultural use of 

conversion of forest land to non-forest use? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling of 

organic material at a composting facility. The proposed Draft New Rule would establish VOC emission reduction 

requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for composting 

operations. Implementation of the project would not impose requirements affecting agriculture resources of existing 

or future composting facilities. Therefore the District concludes there is no substantial evidence of record to 

support a conclusion that approval and implementation of the project would have a detrimental impact on 

agriculture resources, as identified above (a-e). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

III. AIR QUALITY 

Where available, the significance criteria 

established by the applicable air quality 

management or air pollution control district may Potentially 

be relied upon to make the following Significant 

determinations. Potentially Impact Less Than 

Significant Unless Significant No 

Would the project: Impact Mitigated Impact Impact 

a) Conflict with or obstruct implementation of 

the applicable air quality plan? X 

b) Violate any air quality standard or contribute 

substantially to an existing or projected air X 

quality violation? 

c) Result in a cumulatively considerable net 

increase of any criteria pollutant for which 

the project region is nonattainment under an 

applicable federal or state ambient air quality X 

standard (including releasing emissions 

which exceed quantitative thresholds for 

ozone precursors)? 

d) Expose sensitive receptors to substantial 

pollutant concentrations? X 

e) Create objectionable odors affecting a 

substantial number of people? X 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. District Staff has prepared a Staff Report: Draft New Rule 4566 (Organic Material 

Composting Operations), incorporated herein by reference, for consideration by the District's Governing Board. 

District Staff has prepared an Emission Reduction Analysis, incorporated within the Final Draft Staff Report for 

the proposed project, which demonstrates that implementation of this project is expected to result in obtaining a 

1,518 tons/year (4.2 tons/day) reduction in VOC emissions from composting. Implementation of certain control 

measures could result in increased fossil fuel consumption. These ancillary activities could result in a 1.4 

tons/year increase in oxides of nitrogen (N0x), a 0.2 tons/year increase in VOC emissions and a 0.1 tons/year 

increase in particulate matter 10 microns (PM10). However, the District concludes that overall reductions in VOC 

emissions outweigh potential increases in NOx, VOC and PM10 emissions. Thus, implementation of Draft Rule 

4566 would have a less than significant impact on air quality. 

The District concludes that there is no substantial evidence of record to support a conclusion that approval and 

implementation of the project would have a detrimental impact on air quality, as identified above (a-e). 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

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San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

Potentially 

IV. BIOLOGICAL RESOURCES Significant 

Would the project: Potentially Impact Less Than 

Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Have a substantial adverse effect, either 

directly or through habitat modifications, on 

any species identified as a candidate, 

sensitive, or special status species in local or X 

regional plans, policies, or regulations, or by 

the California Department of Fish and Game 

or U.S. Fish and Wildlife Service? 

b) Have a substantial adverse effect on any 

riparian habitat or other sensitive natural 

community identified in local or regional 

plans, policies, and regulations or by the X 

California Department of Fish and Game or 

US Fish and Wildlife Service? 

c) Have a substantial adverse effect on 

federally protected wetlands as defined by 

Section 404 of the Clean Water Act 

(including, but not limited to, marsh, vernal X 

pool, coastal, etc.) through direct removal, 

filling, hydrological interruption, or other 

means? 

d) Interfere substantially with the movement of 

any native resident or migratory fish or 

wildlife species or with established native 

resident or migratory wildlife corridors, or X 

impede the use of native wildlife nursery 

sites? 

e) Conflict with any local policies or ordinances 

protecting biological resources, such as a X 

tree preservation policy or ordinance? 

f) Conflict with the provisions of an adopted 

Habitat Conservation Plan, Natural 

Community Conservation Plan, or other X 

approved local, regional, or state habitat 

conservation plan? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting biological 

resources of existing or future composting facilities. Therefore the District concludes there is no substantial 

evidence of record to support a conclusion that approval and implementation of the project would have a 

detrimental impact on biological resources, as identified above (a-f). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

V. CULTURAL RESOURCES Significant 

Wo Id the pro Potentially Impact Less Than ject: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Cause a substantial adverse change in the 

significance of a historical resource as X 

defined in '15064.5? 

b) Cause a substantial adverse change in the 

significance of an archaeological resource X 

pursuant to '15064.5? 

C) Directly or indirectly destroy a unique 

paleontological resource or site or unique X 

geologic feature? 

d) Disturb any human remains, including those 

interred outside of formal cemeteries? X 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting cultural 

resources of existing or future composting facilities. Therefore the District concludes there is no substantial 

evidence of record to support a conclusion that approval and implementation of the project would have a 

detrimental impact on cultural resources, as identified above (a-d). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

VI. GEOLOGY/SOILS Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Expose people or structures to potential 

substantial adverse effects, including the risk X 

of loss, injury, or death involving: 

i) Rupture of a known earthquake fault, as 

delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map 

issued by the State Geologist for the area X 

or based on other substantial evidence of 

a known fault? Refer to Division of Mines 

and Geology Special Publication 42. 

ii) Strong seismic ground shaking? X 

iii) Seismic-related ground failure, including 

liquefaction? X 

iv) Landslides? X 

b) Result in substantial soil erosion or the loss 

of topsoil? X 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

VI. GEOLOGY/SOILS Significant 

Potentially Impact Less Than (Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

C) Be located on a geologic unit or soil that is 

unstable, or that would become unstable as 

a result of the project, and potentially result X 

in on- or off-site landslide, lateral spreading, 

subsidence, liquefaction or collapse? 

d) Be located on expansive soil, as defined in 

Table 18-1-B of the Uniform Building Code 

(1994), creating substantial risks to life or X 

property? 

e) Have soils incapable of adequately 

supporting the use of septic tanks or 

alternative wastewater disposal systems X 

where sewers are not available for the 

disposal of wastewater? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting geology/soils of 

existing or future composting facilities. Therefore the District concludes there is no substantial evidence of record 

to support a conclusion that approval and implementation of the project would have a detrimental impact on 

geology/soils, as identified above (a-e). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

VII. GREENHOUSE GAS EMISSIONS Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Generate greenhouse gas emissions, either 

directly or indirectly, that may have a X 

significant impact on the environment? 

b) Conflict with any applicable plan, policy or 

regulation of an agency adopted for the 

purpose of reducing the emissions of X 

greenhouse gases? 

Discussion: Global climate change (GCC) is the cumulative change in the average weather of the earth that 

may be measured by changes in temperature, precipitation, storms, or wind. Global Climate Change is now 

generally accepted by the scientific community to be occurring and caused by "greenhouse gases" (GHG). 

Greenhouse gases are gases which allow direct sunlight (relative shortwave energy) to reach the Earth's surface 

unimpeded. As the shortwave energy (that in the visible and ultraviolet portion of the spectra) heats the surface, 

longer-wave (infrared) energy (heat) is reradiated to the atmosphere. Greenhouse gases absorb this energy, 

thereby allowing less heat to escape back to space, and 'trapping' it in the lower atmosphere. 

The scientific and political communities in the State of California have collectively concluded that a significant 

and growing scientific body of evidence supports the need for regulating GHG emissions. The California Global 

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1r San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Warming Solutions Act of 2006 (AB 32) created a comprehensive, multi-year program to reduce GHG emissions 

in California, to 1990 levels by the year 2020. Currently, the California Air Resources Board (ARB) and the 

Legislature are working to develop policies and programs to implement AB32. 

The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic Material 

Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting operations. 

Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling of organic 

material at a composting facility. The proposed Draft New Rule would establish VOC emission reduction 

requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for composting 

operations. 

Composting is viewed as having an environmental benefit as compared to natural decomposition. Natural 

decomposition of materials left in place to decay is relatively inefficient and releases more gaseous emissions 

into the air. The effect of piling the material in the composting process delays release of gases into the air and 

allows more bacterial activity that turns these gaseous emissions into stored carbon. As a global warming issue, 

the total amount of carbon released is to be considered. The amount of carbon in different forms is decreased by 

the amount processed by bacteria into cell matter. The United States Environmental Protection Agency (USEPA) 

has assessed the balance between the cellular uptake and the amount of carbon emissions and nitrous oxide 

emissions. USEPA determined that the thirty year retention of carbon far outweighed the combined emissions of 

carbon and nitrous oxide converted into equivalents of carbon. 

Implementation of Draft New Rule 4566 is not expected to either increase or decrease the amount of composting 

activity that currently occurs within the San Joaquin Valley air basin. In that regard, the impact of rule 

implementation is environmentally neutral. 

One proposed method of reducing VOC emissions is to apply a layer of finished compost to the pile after turning. 

Based on results from a compost study (San Diego State University Research Foundation — Comparison of 

Mitigation Measures for Reduction of Emissions Resulting from Greenwaste Composting), the practices of 

applying the finished compost cover after turning was found to significantly reduce VOC emissions. The study 

also notes that the proposed control method may effect methane and nitrous oxide emissions. The study also 

indicates, global warming potential of VOC emissions has not been established therefore, it is not possible at 

this time to quantify the control measure's net effect on global climate change. As presented in the Emission 

Reduction Analysis, implementation of Draft New Rule 4566 is expected to reduce VOC emissions from 

composting by 1,518 tons/year (4.2 tons/day). Reducing VOC emissions reduce formation of tropospheric 

ozone. Thus, implementation of the proposed VOC control measures is expected to have an indirect, positive 

influence on global climate change. 

Implementation of certain control measures could result in increased fossil fuel use. The District estimates that 

increased fossil fuel use could result in a 1.4 tons/year increase in oxides of nitrogen (N0x), a 0.2 tons/year 

increase in VOC, a 0.1 tons/year increase in particulate matter 10 microns (PM10), and a 183 tons/year increase 

in CO2emissions. In addition per District Policy (APR-2015), project greenhouse gas emissions less than or 

equal to 230 metric tons- CO2e/year are considered to be equivalent to zero. Therefore, it is reasonable to 

conclude GHG emissions associated with the project, will have a less than cumulatively significant impact. 

Quantification of potential changes in global climate change that may result from implementation of Draft New 

Rule 4566 requires a degree of speculation and conjecture that is inappropriate and discouraged under CEQA 

(CCR §15187(d)). From a qualitative perspective, the District concludes that overall reductions in VOC 

emissions and the concomitant reduction in tropospheric ozone formation outweigh potential increases in NOx 

emissions and CO2 emissions associated with increased fossil fuel consumption. Therefore, the District finds 

that there is no substantial evidence, in light of the whole record before the District, that the project could have a 

cumulatively significant impact on global climate change, as identified above (a-b). 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Page 12 
August 18, 2011 

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I

[r San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

Potentially 

VIII. HAZARDS & HAZARDOUS MATERIALS Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Create a significant hazard to the public or 

the environment through the routine 

transport, use, or disposal of hazardous X 

materials? 

b) Create a significant hazard to the public or 

the environment through reasonably 

foreseeable upset and accident conditions X 

involving the release of hazardous materials _ 

into the environment? 

c) Emit hazardous emissions or handle 

hazardous or acutely hazardous materials, 

substances, or waste within one-quarter mile X 

of an existing or proposed school? 

d) Be located on a site which is included on a 

list of hazardous materials sites compiled 

pursuant to Government Code Section 

65962.5 and, as a result, would it create a X 

significant hazard to the public or the 

environment? 

e) For a project located within an airport land 

use plan or, where such a plan has not been 

adopted, within two miles of a public airport 

or public use airport, would the project result X 

in a safety hazard for people residing or 

working in the project area? 

f) For a project within the vicinity of a private 

airstrip, would the project result in a safety 

hazard for people residing or working in the X 

project area? 

g) Impair implementation of or physically 

interfere with an adopted emergency 

response plan or emergency evacuation X 

plan? 

h) Expose people or structures to a significant 

risk of loss, injury or death involving wildland 

fires, including where wildlands are adjacent X 

to urbanized areas or where residences are 

intermixed with wildlands? 

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!Ir San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting hazards and 

hazardous materials of existing or future composting facilities. Therefore the District concludes there is no 

substantial evidence of record to support a conclusion that approval and implementation of the project would 

have a detrimental impact on hazards and hazardous materials, as identified above (a-h). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

IX. HYDROLOGY/WATER QUALITY Significant 

Potentially - Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Violate any water quality standards or waste 

discharge requirements? X 

b) Substantially deplete groundwater supplies 

or interfere substantially with groundwater 

recharge such that there would be a net 

deficit in aquifer volume or a lowering of the 

local groundwater table level (e.g., the X 

production rate of pre-existing nearby wells 

would drop to a level which would not 

support existing land uses or planned uses 

for which permits have been granted)? 

c) Substantially alter the existing drainage 

pattern of the site or area, including through 

the alteration of the course of a stream or X 

river, in a manner, which would result in 

substantial erosion or siltation on- or off-site? 

d) Substantially alter the existing drainage 

pattern of the site or area, including through 

the alteration of the course of a stream or 

river, or substantially increase the rate or X 

amount of surface runoff in a manner which 

would result in flooding on- or off-site? 

e) Create or contribute runoff water which 

would exceed the capacity of existing or 

planned storm water drainage systems or X 

provide substantial additional sources of 

polluted runoff? 

f) Otherwise substantially degrade water 

quality? X 

g) Place housing within a 100-year flood hazard 

area as mapped on a federal Flood Hazard 

Boundary or Flood Insurance Rate Map or X 

other flood hazard delineation map? 

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San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

IX. HYDROLOGY/WATER QUALITY Significant 

Potentially Impact Less Than (Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

h) Place within a 100-year flood hazard area 

structures which would impede or redirect X 

flood flows? 

i) Expose people or structures to a significant 

risk of loss, injury or death involving flooding, 

including flooding as a result of the failure of 

a levee or dam? 

j) Inundation by seiche, tsunami, or mudflow - X 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting hydrology/water 

quality of existing or future composting facilities. Therefore the District concludes there is no substantial evidence 

of record to support a conclusion that approval and implementation of the project would have a detrimental 

impact on hydrology/water quality, as identified above (a-j). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

X. LAND USE/PLANNING Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Physically divide an established community? X 

b) Conflict with any applicable land use plan, 

policy, or regulation of an agency with 

jurisdiction over the project (including, but 

not limited to the general plan, specific plan, X 

local coastal program, or zoning ordinance) 

adopted for the purpose of avoiding or 

mitigating an environmental effect? 

c) Conflict with any applicable habitat 

conservation plan or natural community X 

conservation plan? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting land 

use/planning of existing or future composting facilities. Therefore the District concludes there is no substantial 

evidence of record to support a conclusion that approval and implementation of the project would have a 

detrimental impact on land use/planning, as identified above (a-c). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Page 15 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

Xl. MINERAL RESOURCES Significant 

Potentially Impact Less Than W ou Id the proect: j Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Result in the loss of availability of a known 

mineral resource that would be of value to X 

the region and the residents of the state? 

b) Result in the loss of availability of a locally 

important mineral resource recovery site 

delineated on a local general plan, specific X 

plan or other land use plan? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting mineral 

resources of existing or future composting facilities. Therefore the District concludes there is no substantial 

evidence of record to support a conclusion that approval and implementation of the project would have a 

detrimental impact on mineral resources, as identified above (a-b). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XII. NOISE Significant 

Potentially Impact Less Than Would the project result in Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Exposure of persons to or generation of 

noise levels in excess of standards 

established in the local general plan or noise X 

ordinance, or applicable standards of other 

agencies? 

b) Exposure of persons to or generation of 

excessive groundborne vibration or X 

groundborne noise levels? 

c) A substantial permanent increase in ambient 

noise levels in the project vicinity above X 

levels existing without the project? 

d) A substantial temporary or periodic increase 

in ambient noise levels in the project vicinity X 

above levels existing without the project? 

e) For a project located within an airport land 

use plan or, where such a plan has not been 

adopted, within two miles of a public airport 

or public use airport, would the project X 

expose people residing or working in the 

project area to excessive noise levels? 

Page 16 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

XII. NOISE Significant 

Potentially Impact Less Than (Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

f) For a project within the vicinity of a private 

airstrip, would the project expose people 

residing or working in the project area to X 

excessive noise levels? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting noise of existing 

or future composting facilities. Therefore the District concludes there is no substantial evidence of record to 

support a conclusion that approval and implementation of the project would have a detrimental impact on noise, 

as identified above (a-f). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XIII. POPULATION/HOUSING Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Induce substantial population growth in an 

area, either directly (for example, by 

proposing new homes and businesses) or X 

indirectly (for example, through extension of 

roads or other infrastructure)? 

b) Displace substantial numbers of existing 

housing, necessitating the construction of X 

replacement housing elsewhere? 

c) Displace substantial numbers of people, 

necessitating the construction of X 

replacement housing elsewhere? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting 

population/housing of existing or future composting facilities. Therefore the District concludes there is no 

substantial evidence of record to support a conclusion that approval and implementation of the project would 

have a detrimental impact on population/housing, as identified above (a-c). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Page 17 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

gnific XIV. PUBLIC SERVICES Potentially Si 

 Impac

ant

t Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Result in substantial adverse physical 

impacts associated with the provision of new 

or physically altered governmental facilities, 

need for new or physically altered X 

governmental facilities, the construction of 

which could cause significant environmental 

impacts, in order to maintain acceptable 

service ratios, response times or other 

performance objectives for any of the public 

services: 

Fire protection? X 

Police protection? X 

Schools? X 

Parks? X 

Other public facilities? X 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting public services of 

existing or future composting facilities. Therefore the District concludes there is no substantial evidence of record 

to support a conclusion that approval and implementation of the project would have a detrimental impact on 

public services, as identified above (a). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XV. RECREATION Significant 

Potentially Impact Less Than 

Would the Project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Increase the use of existing neighborhood 

and regional parks or other recreational 

facilities such that substantial physical X 

deterioration of the facility would occur or be 

accelerated? 

b) Include recreational facilities or require the 

construction or expansion of recreational 

facilities which might have an adverse X 

physical effect on the environment? 

Page 18 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting recreation of 

existing or future composting facilities. Therefore the District concludes there is no substantial evidence of record 

to support a conclusion that approval and implementation of the project would have a detrimental impact on 

recreation, as identified above (a-b). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XVI. TRANSPORTATION/TRAFFIC Significant 

Would the project: Potentially Impact Less Than 

Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Cause an increase in traffic, which is 

substantial in relation to the existing traffic 

load and capacity of the street system (i.e., 

result in a substantial increase in either the 

number of vehicle trips, the volume to 

capacity ratio on roads, or congestion at 

intersections)? Conflict with an applicable 

plan, ordinance or policy establishing 

measures of effectiveness for the 

performance of the circulation system, X 

taking into account all modes of 

transportation including mass transit and on 

motorized travel and relevant components 

of the circulation system, including but no 

limited to intersections, streets, highways 

and freeways, pedestrian and bicycle paths, 

and mass transit? 

b) Exceed, either individually or cumulatively, a 

level of service standard established by the 

county congestion management agency for 

designated roads or highways? Conflict with 

an applicable congestion management 

program, including, but not limited to level of X 

service standards and travel demand 

measures, or other standard established by 

the county congestion management agency 

for designated roads of highways? 

c) Result in a change in air traffic patterns, 

including either an increase in traffic levels or 

a change in location that results in X 

substantial safety risks? 

d) Substantially increase hazards due to a 

design feature (e.g., sharp curves or 

dangerous intersections) or incompatible X 

uses (e.g., farm equipment)? 

Page 19 
San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

' Potentially 

XVI. TRANSPORTATION/TRAFFIC Significant 

Potentially Impact Less Than (Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

e) Result in inadequate emergency access? X 

f) Conflict with adopted policies, plans, or 

programs regarding public transit, bicycle, or 

pedestrian facilities, or otherwise decrease 

the performance or safety of such facilities? X 

supporting alternative transportation (e.g., 

bus turnouts, bicycle racks)? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting 

transportation/traffic of existing or future composting facilities. Therefore the District concludes there is no 

substantial evidence of record to support a conclusion that approval and implementation of the project would 

have a detrimental impact on transportation/traffic, as identified above (a-f). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XVII. UTILITIES/SERVICE SYSTEMS Significant 

Potentially Impact Less Than Would the project: Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Exceed wastewater treatment requirements 

of the applicable Regional Water Quality X 

Control Board? 

b) Require or result in the construction of new 

water or wastewater treatment facilities or 

expansion of existing facilities, the X 

construction of which could cause significant 

environmental effects? 

c) Require or result in the construction of new 

storm water drainage facilities or expansion 

of existing facilities, the construction of which X 

could cause significant environmental 

effects? 

d) Have sufficient water supplies available to 

serve the project from existing entitlements 

and resources, or are new or expanded X 

entitlements needed? 

Page 20 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

XVII. UTILITIES/SERVICE SYSTEMS Significant 

Potentially Impact Less Than (Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

e) Result in a determination by the wastewater 

treatment provider which serves or may 

serve the project that it has adequate 

capacity to serve the project's projected X 

demand in addition to the provider's existing 

commitments? 

f) Be served by a landfill with sufficient 

permitted capacity to accommodate the X 

project's solid waste disposal needs? 

g) Comply with federal, state, and local statutes X and regulations related to solid waste? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting utilities/service 

systems of existing or future composting facilities. Therefore the District concludes there is no substantial 

evidence of record to support a conclusion that approval and implementation of the project would have a 

detrimental impact on utilities/service systems, as identified above (a-g). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Potentially 

XVIII. MANDATORY FINDINGS OF Significant 

SIGNIFICANCE Potentially Impact Less Than 

Significant Unless Significant No 

Impact Mitigated Impact Impact 

a) Does the project have the potential to 

degrade the quality of the environment, 

substantially reduce the habitat of a fish or 

wildlife species, cause a fish or wildlife 

population to drop below self-sustaining 

levels, threaten to eliminate a plant or animal X 

community, reduce the number or restrict the 

range of a rare or endangered plant or 

animal or eliminate important examples of 

the major periods of California history or 

prehistory? 

b) Does the project have impacts that are 

individually limited, but cumulatively 

considerable? ("Cumulatively Considerable" 

means that the incremental effects of a 

project are considerable when viewed in X 

connection with the effects of past projects, 

the effects of other current projects, and the 

effects of probable future projects)? 

Page 21 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Potentially 

XVIII. MANDATORY FINDINGS OF Significant 

SIGNIFICANCE Potentially Impact Less Than 

(Continued) Significant Unless Significant No 

Impact Mitigated Impact Impact 

c) Does the project have environmental effects, 

which will cause substantial adverse effects 

on human beings, either directly or X 

indirectly? 

Discussion: The proposed project is a rule development project. The purpose of Draft New Rule 4566 (Organic 

Material Composting Operations), is to limit emissions of volatile organic compounds (VOC) from composting 

operations. Draft New Rule 4566 applies to composting operations, which include composting and/or stockpiling 

of organic material at a composting facility. The proposed Draft New Rule would establish VOC emission 

reduction requirements on the basis of actual throughputs, rather than maximum allowable capacity limits for 

composting operations. Implementation of the project would not impose requirements affecting mandatory 

findings of significance of exiting or future composting facilities. Therefore the District concludes there is no 

substantial evidence of record to support a conclusion that approval and implementation of the project would 

have a detrimental impact on mandatory findings of significance, as identified above (a-c). 

Mitigation: None 

Reference: Proposed Draft New Rule 4566 and supporting staff report. 

Page 22 
San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

Appendix A 

Comments Received for Initial Study/Negative Declaration 

Proposed Draft New Rule 4566 (Organic Material Composting 

Operations) 

Page 23 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

a California Regional Water Quality Control Board 

Central Valley Region 

Katherine Hart, Chair 

Linda 6. Adams 

Acting Secretary klf 

Dwirontnentel Protection 

27 'July 2011 

Mark Montelong° 

San Joaquin Valley Air Pollution Control District 

1990 East Gettysburg Avenue 

Fresno, CA 93726 

Edmund G. Blown Ji 

Received 

AUG 0 1 2011 

Permits Srvc 

CERTIFIED MAIL SJVAPCD 

7010 3090 0001 4843 3890 

11020 Sun Center Drive d200, Rancho Cordova, California 95670-6114 

(916) 464-3291 • FAX (916)464-4645 

tdtpltroftmwaterboarda.cagavformtralvalley 

COMMENTS TO DRAFT NEGATIVE DECLARATION, DRAFT NEW RULE 4668 (ORGANIC 

MATERIAL COMPOSTING OPERATIONS) PROJECT, •SCH NO. 2011072019, 

FRESNO COUNTY 

Pursuant to the State Clearinghouse's 12 July 2011 request, the Central Valley Regional 

Water Quality Control Board (Central Valley Water Board) has reviewed the Drat? Negative 

Declaration for the Draft New Rule 4566 (Organic Material Composting Operations) Project. 

located in Fresno County. 

Our agency is delegated with the responsibility of protecting the quality of surface and 

groundwaters of the state; therefore our comments will address concerns surrounding those 

issues. 

ConstructIon Storter Genoratpornift 

Dischargers whose project disturb one or more acres of soil or where projects disturb less than 

one acre but are part of a larger common plan of development that in total disturbs one or 

more acres, are required to obtain coverage under the General Permit for Storm Water 

Discharges Associated with Construction Activities (Construction General Permit), 

Construction General Permit Order No. 2009-009-DWQ. Construction activity subject to this 

permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or 

excavation, but does not include regular maintenance activities performed to restore the 

original line, grade, or capacity of the facility. The Construction General Permit requires the 

development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). 

For more Information on the Construction General Permit, visit the State Water Resources 

Control Board website at: 

httpfiveNw.waterboards.ca.nov/water issuesiorooramsistormwater/constpepnits.shtml 

Phase I and II Municipal Separate Storm Sewer System (MSC Permits' 

The Phase I and II MS4 permits require the Permittees reduce pollutants and runoff flows from 

new development and redevelopment using Best Management Practices (BMPs) to the 

1 Municipal Permits = The Phase I Municipal Separate Storm Water System (MS4) Permit covers mechum sized 

Municipalities (serving between 100,000 arid 250,000 people) and large sized municipalities (serving over • 

250,000 people). The Phase II MS4 provides coverage for small municipalities, including non-traditional Small 

MS4s, which include military bases, public campuses, prisons and hospitals. 

California Environmental Protection Agency 

oiree7add Paper 

Page 24 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Draft New Rule 4566 (Organic Material -2- 27 July 2011 

Composting Operations) Project 

SCH No. 2011072019 

[Fresno County . 

maximum extent practicable (MEP). MS4 Permittees have their own development standards, 

also known as Low Impact Development (LID)/post-construction standards that include a 

.hydromodification component The MS4 permits also require specific design concepts for 

LID/post-construction BMPs in the early stages of a project during the entitlement and CEQA 

process and the development plan review process. 

For more information on which Phase I MS4 Permit this project applies to, visit the Central 

Valley Water Board website at 

http://w.rm.waterboards.ca.00vicentralvallev/water jssues/storrn water/municipal permits/ 

Industrial Storm Water General Permit 

Storm water discharges associated with industrial sites must comply with the regulations 

contained in the Industrial Storm Water General Permit Order No. 97-03-DWQ. 

For more information on the Industrial Storm Water General Permit, visit the Central Valley 

Water Board website at: 

http://www.waterboards.csoov/centrahrallev/water issues/storm water/industrial aeneral per 

mitsfindex.shtml. 

Clean Water Act Section 404 Permit 

If the project will involve the discharge of dredged or fill material in navigable waters or 

wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed for the 

United States Army Corps of Engineers (USACOE). If a Section 404 permit is required by the 

IJSACOE, the Central Valley Water Board will review the permit application to ensure that 

discharge will not violate water quality standards. If the project requires surface water 

drainage realignment, the applicant is advised to contact the Department of Fish and Game for 

information on Streambed Alteration Permit requirements. 

If you have any questions regarding the Clean Water Act Section 404 permits, please contact 

the Regulatory Division of the Sacramento District of USACOE at (916)557-5250. 

Clean VIMisw Act Section 401 Permit — Water Quality Certification 

If an USACOE permit, or any other federal permit, is required for this project due to the 

disturbance of waters of the United States (such as streams and wetlands), then a Water 

'Quality Certification must be obtained from the Central Valley Water Board prior to initiation of 

project activities. Water Quality Certification must be obtained prior to initiation of project 

activities. There are no waivers for 401 Water Quality Certifications. 

Waste Discharge Reguirements 

If USACOE determines that only non-jurisdictional waters of the State (i.e., "non-federal" 

waters of the State) are present in the proposed project area, the proposed project will require 

a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. 

Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the 

State, including all wetlands and other waters of the State Including, but not limited to, isolated 

wetlands, are subject to State regulation. 

Page 25 
Draft New Rule 4568 (Organic Material 

Composting Operations) Project 

SCH No. 2011072019 

(Fresno County 

-3- 27 July 2011 

San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

For more information on the Water Quality Certification and WM processes, visit the Central 

Valley Water Board website at: 

htto://www.waterboards.ca .novicentralvalleviwater issues/water Quality certificatieni 

If you have questions regarding these comments, please contact me at (916) 464-4745 or 

gsparks@waterboards.ca.gov . 

IRE 

',rag Speedfrp-- 

Genetrieve (Gen) Sparks 

Environmental Scientist 

401 Water Quality Certification Program 

cc: State Clearinghouse Unit, Governor's Office of Planning and Research, Sacramento 

Page 26 
Flex )rtur rower 

encra efficient! 

San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 - 

SSA [E. eq. cqj IFOKNIA—BIZINCS.5 TRAFSPORTATION AlsaltatalartAGLICY 

DEPARTMENT OF TRANSPORTATION 

DIVISION OF TRANSPORTATION PLANNING 

P.O. BOX 942874. MS-32 

SACRAMENTO. CA 94274-0001 

PI [ONE (916) 653-0808 

FAX (916) 653-4570 

TIN 111 

www.dot.ca.gowhttitpp/ 

August 4, 2011 

Koshoua Thao 

S.IVIJAPCD 

1990 E. Gettysburg Avenue 

Fresno, CA 93726 

Draft New Rule 4566 (Organic Material Composting Operations) (SC!! No. 2011072019) 

Dear Ms. Than: 

The California Department of Transportation (Caltrans) appreciates the opportunity to comment 

on the proposed Draft New Rule 4566 (Organic Material Composting Operations). Draft New 

Rulc 4566 would establish Volatile Organic Compound (VOC) limits, including operational and 

administrative requirements, for organic material composting operations. 

At this time we have no specific comments or concerns, however, it is important to note that 

Rule 4566 would not cause any negative air quality impacts in the Central Valley. Instead it 

would decrease the amount of off-gas emissions currently produced by existing composting 

operations, and increase the soil quality for the Central Valley, which is very important given 

the role that agriculture plays to the regional economy. 

Please let me know if lean be of any assistance. My telephone number is 916.653.0808, and 

I can bc reached via e-mail at: josli.pulvermangdoi.ca.gov . 

Sincerely, 

C 

Joshua Palvennan 

Statewide Local Development-Intergovernmental Review Coordinator 

Office of Community Planning 

c: State Clearinghouse. Governor's Office of Planning and Research (OPR) 

Marcus Evans. Transportation Planning North, Caltrans District 6 

'Caimans tntproves moblayoc ,ou Cayornra" 

Page 27 
San Joaquin Valley Unified Air Pollution Control District 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

August 18, 2011 

Appendix B 

Response to Comments for Initial Study/Negative Declaration 

Proposed Draft New Rule 4566 

(Organic Material Composting Operations) 

Page 28 
San Joaquin Valley Unified Air Pollution Control District August 18, 2011 

Initial Study / Final Negative Declaration 

Proposed Draft New Rule 4566 

The San Joaquin Valley Air Pollution Control District (District) provided a Notice of Intent 

to adopt a Negative Declaration for the proposed Draft New Rule 4566 (Organic 

Material Composting Operations). The Initial Study and Negative Declaration were 

available for public review and comment from July 12, 2011 to August 10, 2011. 

The following parties provided written comments on the Draft Negative Declaration: 

• California Regional Water Quality Control Board (RWQCB) 

• Department of Transportation (DOT) 

All comments were duly considered and addressed in preparation of the Final Negative 

Declaration. A copy of the comment letters are incorporated into this document as 

Appendix A. A summary of salient comments and associated responses follow. 

1. Comment: The Regional Water Quality Control Board is delegated with the 

responsibility of protecting the quality of surface and groundwaters of the state. 

The Water Board identifies several permits to help protect the quality of surface 

and groundwaters, which include: Construction Storm Water General Permit, 

Phase I and ll Municipal Separate Storm Sewer System (MS4) Permits, Industrial 

Storm Water General Permit, Clean Water Act Section 404 Permit, Clean Water 

Act Section 401 Permit-Water Certification, and Waste Discharge Requirements. 

(RWQCB) 

Response: The District appreciates the RWQCB for providing comments on the 

Initial Study and Draft Negative Declaration. The comment characterizes the 

RWQCB's responsibility for protecting the quality of surface and groundwaters of 

the state of California and is not directed towards the proposed project. Thus, a 

response is not warranted. However, the District has considered the requirements 

of the Water Board by incorporating a ball test, or squeeze test, as part of the 

watering requirements to ensure adequate water is applied and operators don't 

over water. Although a ball test could help operators determine the moisture level 

in a windrow, the purpose of the test is to show whether the adequate amount of 

water has been applied prior to turning to help capture VOC emissions. Satisfying 

this requirement will also help protect the quality of surface and groundwaters 

within the region. 

2. Comment: At this time, we have no specific comments or concerns, however, it is 

important to note that Rule 4566 would not cause any negative air quality impacts 

in the Central Valley. Instead it will decrease the amount of off-gas emissions 

currently produced by existing composting operations, and increase the soil quality 

for the Central Valley, which is very important given the role that agriculture plays 

to the regional economy. (DOT) 

Response: The District appreciates the Department of Transportation for taking 

the time to comment on the Initial Study/Draft Negative Declaration for proposed 

Draft New Rule 4566. Furthermore, the District welcomes DOT's support of the 

District's efforts to improve air quality within the San Joaquin Valley. 

Page 29 
 F-34 Final Staff Report with Appendices 

 For Revised Proposed New Rule 4566

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