UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA’s Notice of Proposed Rulemaking

for the California State Implementation Plan

South Coast Air Quality Management District,

Rule 1127 , Emission Reduction from Livestock Waste

Prepared by: La Weeda Ward

September 13

, 2012 2



Agency: South Coast Air Quality Management District (SCAQMD)

Submitted Rule: Rule 1127

- Emission Reductions from Livestock Waste s Submitted

– October 5, 2006

Completeness Determination : October 2 4 , 2006

SIP Approved Rule: N/A



### I. RULE SUMMARY

SCAQMD Rule 1127 was adopted on August 6, 2004

. The purpose of the rule is to reduce emissions of ammonia, volatile organic compounds (VOC) and particulate matter under 10 microns (PM10) from dairies. Applicable operations would include dairies, heifer, and calf farms within the SCAQMD’s jurisdiction. The rule applies to manure processing operations, such as comp osting operations and anaerob ic digester s

.

Rule 1127 was designed to implement the 2003 Air Quality Managem ent Plan (AQMP) control

measure, WST

- 01 and establish Best Available Control Measure (BACM) requirements for dairies pursuant to Senate Bill 700 ( Florez) signed by California governor Gray Davis on September 22, 2003, which required applicable non

- attainment areas to remove exemptions for certain agricultural operations from permitting requirements. EPA is evaluating the rule provisions for conformance with reasonabl e available control technology (RACT) requirements pursuant to Clean Air Act ( CAA ) Section 182(b)(2)

.

Rule 1127 applies to applicable dairy farms with 50 or more cows, heifers and/or calves and

includes Best Management P ractices (BMPs) for manure dispos al and manure processing. Table

1 summarizes the d a iry cow population according to the most recent information from the

district. As is evident in this table, there ha s been a continual decline in both the number of

da i ries and the total number of dairy c ows since 2002 . The rule evaluation that follows seeks to assess the rule effectiveness without regard to decrease and relocation of the diary cow population or the impact of manure disposal requirements pursuant to water quality regulations.

Table 1

– D airy Cow Population in the South Coast Air Management District Jurisdiction

2002 2008 2010 2014 (Projected)
Dairy Facilities 314 1 160 145 142 Milking Cows

__ 110,991 101,104 98,076 Dry Cows

__ 19,991 18,248 17,835

Heifers

__ 47,519 42,706 42,246

Calves

__ 29,548 28,630 26,505

Total Cows 393,948 2 208,010 190,688 184,662

1 Rule 1127 Staff Report, page 7

. 3



Following are the major requirements of Rule 1127.

Best Management Practices (BMP)

1. Implement at least one of the following manure harvesting protocols to minimize fugitive

dust emissions:

a) Scr ape or harrow before 9 a.m. unless the moisture content is greater than 20% (as determined by specified test method) ; OR

b) Clear corrals of manure such that an even surface of compacted ma nure remains on top of the soil. Do not scrape down to soil level . Pulling, rather than pushing, blades are recommended; OR

c) Water corral before manure harvesting to reduce dust thro ugh increased surface

moisture. T his measure is not required for lactating cows

.

2. Minimize excess water in corrals by :

a) Identifying and eliminating water leaks from trough and trough piping: and

b) Complying with corral drainage standards in the Engineered Waste Management

Plan.

3. Pave f

eedla nes at least eight feet on the corral side of the feedlane fence.

4. Clear corrals of manure in excess of 3 inches deep at least four times per year and not less than 60 days between clearings

.

5. Clear all on

- dairy stockpiles within one month of the last corra l clearing day and no more than 3 months after the date that the previous stockpiles were last completely cleared.

Manure Disposal Requirements

R emove or contract to remove manure from the dairy to:

1) A manure processing operation designed to reduce ammonia and VOC emissions from unprocessed manure (according to approval requirements as specified in the rule which allow one or a combination of anaerobic digester, a composting operated in compliance

with Rule 1133 and Rule 1133.2; or an alternative composting operation according to specific provisions ) ; or

2) An approved agricultural land within the SCAQMD; or

3) A combination of the above options.

2 Technology Assessment

– 2007 AQMP CM# MCS

- 05, “Updated Emissions Inventory and Recommendations Regarding
Implementation of 2007 AQMP Control Measures MCS

- 05

- Emission Reductions from Livestock Waste”, South Coast Air
Quality Management District, October 2011, pg. I

- 1

. 4



Reporting, Recordkeeping and Test Methods Reporting and rec ordkeeping requirements include initial notifications and annual reports to

include the amount of annual manure removed to various destinations. Test methods for

measurement of moisture content in manure shall be determined with an electrical conductivity or microwave moisture meter, or other method approved by the SCAQMD , California Air

Resources Board and U. S. EPA

.



### II. RULE EVALUATION

Rule 1127 was evaluated on basis of enforceability, stringency, and relaxation.

A

. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies,

and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies , EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability. Rule 1127 contains provisions that provide for clear, unambiguous and

measurable testing, monitoring and recordkeeping requirements such that the rule is enforceable in practice

.

B

. Stringency

– RACT

– CAA Section 182(b)(2) requires moderate areas (and higher level

non

- attainment areas ) like SCAQMD to adopt and submit SIP provisions implementing Reasonably Available Control Technology (RACT) for all stationary sources of VOC that

emit more than 10 ton s per year of VOC. According to the district, there is at least one diary

that meets this threshold 3

. RACT is defined as “the lowest emission limit ation that a particular source can meet using control technology that is reasonably available, considering

t echnological and economic feasibility (44 FR 53762, September 17, 1979). ” Additionally, CAA Section 172(c)(1) requires nonattainment areas to implement all reasonably available

control measures (RACM) , including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of RACT, as expedi tiously as practicable.

There is no federal policy or guidance (e.g., EPA Control Techniq ue or Alternative Control

Techno logy Guidelines) describing reasonably available controls for livestock waste. In absence of guidance or policy, a n evaluation for RACT compliance was done by comparing

Rule 1127 with the level of stringency ( on a percentage

- of

- VOC reductions

- achieved basis) achieved by t he San Jo a quin Valley Unified Air Pollution Control District (SJVUAPCD)

Rule 4570 , Confined Animal Facilities, for control measures that pertain to manure

management

. Such an evaluation is appropriate as the source operations and the rules that

control em issions in both district s have major differences that make a strict limitation

- by

limitation comparison inappropriate . For instance, SJVUAPCD applies to all confined animal facilities whose operations rarely consist of dry feed lots typical of dairy farms in the SCAQMD jurisdiction. Another difference is the focus on waste control in SCAQMD

versus enteric emissions (i.e. manipulation and control of silage and diary feed) in the

3 Email communication between Tracy Goss (SCAQMD) and Wienke Tax, (USEPA Region 9), May 3, 2011. 5



SJVUAPCD

. Another major diffe re nce is the much lower applicability threshold (50 cows in SCAQMD versus 500

- 100 0 animals in SJVUAPCD ). It should be noted that the 50

- cow

threshold in Rule 1127 results in 100% of the dairy farms in the district subject to Rule

1127

.

Table 2 contains a comparison of baseline and emission reduction rates achieved by Rule

1127 an d SJVUAPCD Rule 4570 manure management measures after adjusting for the differences in applicability identified above by applying a relative rate of reduction factor of

6.9% 4

. As is demonstrated by the table, SCAQMD Rule 112 7 achieves a n 18.3 % reduction

in VOC emission relative to a 6.9 % reduction from SJVUAPCD Rule 4570 , when emissions are adjusted to account for differences in applicability. Emissions reductions from Rule

1127 are only considered when they achieve reductio ns above and beyond the waste disposal requirements required by the Santa Ana Regional Water Quality Control Board

, and not due to relocation or movement of dairies out of the SCAQMD jurisdiction

. 5
Additionally, emissions reductions from Rule 1127 are compared with emissions reductions in the San Joaquin Valley that represents the highest level of SIP

- approved control that exists today

. 6 This comparison demonstrates that SCAQMD Rule 1127 achieves at least an equivalent level of contr ol as SJVUAPCD Rule 4570 when similar operations are

considered.

4 The relative emissions reductions achieved were obtained by creating a ratio between the percentage of the dairy cow population controlled by SJ Rule 4570, with that controlled by SC Rule 1127. According to the 2010 SJVUAPCD Rule 4570 Staff Report (Appendix B, Table 4), the percentage of dairy cows controlled to the total dairy cows in the SJVUAPCD = 528,968/2,638,714 = 0.20. South Coast Rule 1127 applies to 100% of the dairy cow population. Therefore the relative emissions

reduction rate is equivalent to 0.20/1.0 = 0.20; and the relative emissions reductions achieved is equivalent to ( 3 2.3%)(0.20) =

6.9 %

5 On August 20, 1999 , the Santa Ana Regional Water Quality Control Board (SARWQCB), re

- evaluated the dairy and other
animal feeding operations and developed Order No. 99

- 11, which in short prohibits the stockpiling of manure at a diary for more
than 180 days. SCAQMD Rule 1127 requires four coral cleanings per year which exceeds the two cleanings per year required by
SARWQCB regulations

6 EPA policy allows a submitted rule to be evaluated based on the control that existed at the time of submittal (or October 25

, 2006). However, we evaluated Rule 1127 emiss ions reduction s against the 2010 version of SJVUAPCD Rule 4570, which was
approved by EPA on January 17, 2012 (77 FR 2228) as RACT for Confined Animal Facilities

. 6

 Table 2

– Baseline and Emissions Reduction Comparison

SJ Rule 4570 Manure Management Corral

Measures for Diaries Estimated

Emissions

Reductions 7 Relative

Emissions

Reductions SC Rule 1127

Emissions

Reductions

1. Pave feedlanes for a width of 8 feet (milk and dry cows) or 6 feet (heifers). ___

2. Clean manure from corrals at least 4 times per year with at least 60 days between cleanings or clean corrals at least once between April and July and once between September and December. ___

3 . Inspect water pipes and troughs and repair leaks

at least once every 7 days. 5%

4 . Slope the surface of the corrals a specified percentage or maintain proper drainage so as to prevent water from standing more than 48 hours or scrape corrals to maintain a dry surface. ___

5 . Scrape, vacuum or flush concrete lanes in corrals at least once every day (mature cows) or once every 7 days (support stock) or clean

concrete lanes so manure does not exceed 12 inches at any point or time. 10%

6. For facilities with shade structures, install

structures wi th permeable roofing, or uphill of any slope, or with a North/South orientation, or clean manure from under shades at least once every 14 days. 2.3%

7. Managing corrals such that manure depth does

not exceed 12 inches. 5%

8. Cover dry manure piles during certain periods 10%

Total % of Emissions Achieved 32 .3% 6.9 % 18.3% 8

7 SJVUAPCD Rule 4570 Staff Report (Appendix B, Table 1 4 ) , October 21, 2010.

8 From the Rule 1127 Staff Report, page 20

, Tables 7 and 8: 2010 VOC emissions reductions from Rule 1127 alone = 1.16 tons per day; 2006 Baseline Emissions = 6.35 tons per day. Emission reduction rate = 1.16/6.35 = 18.3% 7



Based on the foregoing

, we find that Rule 1127 meets the RACT criteria by implementing control technology that is reasonably available, considering technological and economic feasibility 9

.

C

. SIP Relaxation

- We have evaluated this 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 SIP

- approved control requirement in effect before November 15, 1990 (CAA §193). Rule 1127 reduces emissions and strengthens the SIP because there is no previous version of the rule in the SIP. Furthermore, it does not undermine other existing SIP provisions. Therefore, we propose to determine that an approval of the submittal would comply with CAA sections 110(l) and 193 because (1) the proposed SIP revision would not

interfere with the on

- going process for ensuring that requirements for RFP and attainment of

the Nation al Ambient Air Quality Standards are met, and (2) the submitted SIP revision is more stringent than the existing SIP requirements.



### III. Additional Recommendation s for Next Rule Revision

1. Rule 1127 can be strengthen ed by adding (at a minimum) the following applicable provisions

from SCAQMD Rule 223 ( Emission Reduction Permits for Large Confined Animal

Facilities ) directly into Rule 1127 for large CAFs . These provisions do not affect our determination of RACT for Rule 1127 because they do not affect the sour ce category
controlled in the current rule.

a. Slope the surface of the corrals a specified percentage or maintain proper drainage so as to prevent water from standing more than 48 hours or scrape corrals to maintain a dry surface.

b. Scrape, vacuum or flush co ncrete lanes in corrals at least once every day (mature cows) or once every 7 days (support stock) or clean concrete lanes so manure does not exceed 12 inches at any point or time.

c. For facilities with shade structures, install structures with permeable roofing, or uphill of any slope, or with a n orth/ s outh orientation, or clean manure from under shades at least once every 14 days.

d. Managing corrals such that manure depth does not exce ed 12 inches.

2. Section (f)(3)(A)(i) requires the use of in

- vessel compost systems but the rule does not define this term. SCAQMD should insert a definition for in

- vessel compost systems to improve

enfor ceability of rule requirements.

9 The Rule 112 7 Staff Report, page s 25

- 26, determine d the cost effectiveness at $6,7 70 per ton of VOC reduced compared to $18,300/ton for an anaerobic digester with energy recovery. 8





### IV. EPA Action

Rule 1127 is enforceable, strengthens the SIP, and meets CAA requirements for RACT. Therefore, EPA staff recommends approval of Rule 1127.



### V. References

1. SCAQMD Rule 1127, Emission Reductions from Livestock Waste, adopted August 6,

2004.

2. “Draft Final Staff Report, Proposed Rule 1127

– Emission Reductions from Livestock Waste,” SCAQMD, August 6, 2004.

3. Technology Assessment

– 2007 AQMP CM# MCS

- 05, “Updated Emissions Inventory and Recommendations Regarding Implementation of 2007 AQMP Control Measures

MCS

- 05

- Emission Reductions from Livestock Waste”, South Coast Air Quality Management District, October 2011

. 4. California Senate Bill 700 (Florez), “ Air quality: emissions: stationary sources: agricultural operations ,” signed by California Governor Gray Davis, September 22, 2003.

5. “ California Regional Water Quality Control Board, Santa Ana Region, “General Waste Requirements for Concentrated Animal Feeding Operations (Dairies and Related Facilities) within the Santa Ana Region. Order No. 99

- 11, NPDES No. CAG018001,” August 20 , 1999.

6. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (Bluebook) EPA OAQPS, May 25, 1988.

7. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (Little Bluebook), EPA Region 9, August 21, 2001.

8. Portions of the proposed post

- 1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987.

9. “State Implementation Plans, General Preamble for the Implementation of Title I of the Clean Air Amendments of 1990” 57 FR 13498, April 16, 1992.

10. “Pr eamble, Final Rule to Implement the 8

- hour Ozone National Ambient Air Quality Standard” 70 FR 71612; November 29, 2005.

11. “Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plans (SIP)” SJVUAPCD, April 16, 2009 (page s 4

- 99 to 4

- 169).

12. Letter from William T. Harnett to Regional Air Division Directors, “RACT Qs & As

– Reasonable Available Control Technology (RACT): Questions and Answers,” EPA, May
18, 2006.

13. SJVUAPCD Rule 4570, Confined Animal Facilities, adopted October 21, 2010.

14. “Final Staff Report for Revised Proposed Amendments to Rule 4570

- Confined Animal Facilities,” SJVUAPCD, October 21, 2010, and its appendices

15. ICAPCD Rule 217, Large Confined Animal Facilities Permits Required, adopted October 10, 2006.

16. ICAPCD Policy # 38, “Recommended Mitigation Measures for Large Confined Animal Facilities (LCAF’s),” September 20, 2006