United States Environmental Protection Agency

Region IX

75 Hawthorne Street

San Francisco, CA 94105-3901

July 07, 2011

Transmittal of EPA Rule Review Comments

To: Errol Villegas, San Joaquin Valley Air Pollution Control District

errol.villegas@valleyair.org

Mike Guzzetta, California Air Resources Board

mguzzett@arb.ca.gov

From: Andrew Steckel, Rulemaking Office Chief

steckel.andrew@epa.gov

Re: SJVUAPCD Rule 4566, Organic Material Composting Operations (June 23, 2011 draft)

We are providing comments based on our preliminary review of the draft rule identified above. Please 

direct any questions in this regard to me at (415) 947-4115 or to Nancy Levin at (415) 972-3848.

1. Section 3.1.3 – This appears inconsistent with the California Code of Regulations (CCR) Title 14 

Chapter 3.1 Section 17852(a)(1) regarding the thresholds for emission of carbon dioxide per gram 

of organic material (CO2-C) per day. Please explain.

2. Section 3.13 – We recommend revising the definition to clarify differences between anaerobic and 

aerobic composting. 

3. Section 3.34 – Please define ridge.

4. Section 4.1.1 – Please cite in the rule to specific CCR and SJVUACPD compostable material permit 

regulations. 

5. Sections 5.2.1.1 and 5.2.2.1.1 – These sections require at least three turns during active 

composting. This appears inconsistent with the number of turns required for pathogen reduction in 

the active cycle pursuant to CCR Title 14 Chapter 3.1 Division 7 Section 17868. Please revise Rule 

4566 consistent with the CCR or explain why that is not appropriate. 

6. Table 2: Independent watering system (first bullet) – Please define vertical midpoint.

7. Table 2: Composting Facility Mitigation Measures/Integrated Watering System (first bullet) – We 

understand from a 6/30/11 phone call with SJVUAPCD staff that the first windrow tested may need 

to be turned more than once until the appropriate water volume is determined and passes the ball 

test, and that subsequent windrows will not be turned until this is completed. Please clarify this in 

the text of Rule 4566.

8. Table 2: Composting Facility Mitigation Measures/Integrated Watering System (third bullet) – Please 

clarify in the text of Rule 4566 that the sample should be taken within three hours before turning.

9. Section 6.1 Facility Emission Mitigation Plan – Please provide a definition and/or citation in the rule 
for Authority-to-Construct application.

10. Section 6.1.3 – Please delete “facility-wide,” as it could be interpreted to include operations other 

than compost operations. 

11. Section 6.2 – This section should be consistent with EPA policy as described in “Memorandum, 

State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and 

Shutdown" (Steven A Herman and Robert Perciasepe, September 20, 1999), or deleted. Regarding 

the reference to District Rule 1100, please note that EPA cannot indirectly incorporate a rule into the 

SIP by reference unless it has gone through the SIP approval process. 

12. Section 6.3.3 – Please add that the source test data must be approved by the District. 

13. Section 6.4.4.3 – Please require that operators keep records needed to demonstrate compliance 

with the specific measure used.

14. Staff Report Section II (C) – Please cite the 2009 research evaluation referred to in paragraph 1. 

Please also cite the source for Figure 1. 

15. Staff Report X: Reasonable Available Control Technology (RACT) – Please also cite to and 

summarize the cost-effectiveness and socioeconomic analyses. 

16. Appendix A: Response to EPA Comment #7 – This discretion should be further limited or eliminated 

as the District gains more experience regulating this activity.

17. Appendix B – Please explain the basis for the 50% reduction factor used on B-7. 

18. Appendix C – Please provide a citation for Figure 1. 

19. Appendix C Table 4 – Please provide cost-effective estimates for engineered controls.