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- 15 EPA comments on ICAPCD Rule 217

1. This draft rule is stronger than the prior version (submitted 2007/withdrawn 2011) since specific mitigation measures (i.e., Tables 1.1

– 1.5) are now listed in the rule, rather than in a district policy.

2. This rule is similar, al though in some areas less stringent, than th e 2006 version of SJVAPCD Rule 4570. We were unable to fully approve that version of Rule 4570 into the SIP. In 2010, SJVAPCD significantly revised Rule 4570 to increase its effectiveness in reducing VOC emissions. EPA approved this revised rule into the S IP as RACT

- level control (January 17, 2012 (77 FR 2228)).

To achieve RACT

- level control, we suggest ICAPCD consider modeling Rule 217 requirements and compliance options after the Phase II requirements and options in revised Rule 4570 (2010), as appropriate. The SJV APCD Rule 4570 (2010) staff report is a useful reference for the analysis behind the revisions, which include improved, retired and mandatory measures. While the 2010 rule included many improvements to the 2006 menus, a few examples for illu strative purposes are :

a. Example of an improved measure : SJV APCD r educed the maximum depth of manure in beef

feedlot corrals/pens from 18 in ches (2006 rule) to 12 inches (2010 rule , Table 4 .2

- C.5 ). Draft

ICAPCD Rule 217 allows 36 inches (Table 1.1

- C.2)

. b. Example of a retired measure: “Installing floats or other devices in water troughs to prevent spills” was retired fr om Rule 4570 (2010) because it is considered standard industry practice (see Staff Report p. 43)

. “Feed or dispose of rations within 48 h ours of grinding and mixing rations” was retired because emissions reductions would be negligib le (see Staff Report p.

40

- 41).

c. Example of mandatory measure s : While overall the rule is designed to allow flexibility, some menus in 4570 (2010) contain mandat ory measures. See, e.g., Ta ble 4.2 (C), which requires

feedlot owner s to implement the first four mitigation measures listed, and to choose an

additional one from the list.

d. Example of measure more stringent in Rule 4570 (both 2006 and 2010 versions) : D raf t Rule

217 Table 1.1

- C.1 requires beef feedlot owner/operators to “Clean manure from corrals at least once every two (2) years,” while Rule 4570 ( 2006 and 2010) requires owner/operators to “Scrape corrals twice a year ...” (Table 4.2

- C.1)

.

3. For enforc eability, please define in R ule 217 the regulatory threshold for each type of regulated LCAF. ( e.g., Beef Feedlots

– 3,500 beef cattle). In addition, please consider reducing the dairy LCAF threshold from 1,000 to 500 milk cows, per revised 4570 (2010).

4. D efinitions

- The following terms are used in draft Rule 217 but are not defined in Rule 101 or Rule 217. To improve enforceability, please consider adding definitions for these terms to Rule 217 or

Rule 101. (Note, many of these terms are defined in Rule 4 570

. )

Aerated static pile (ASP) Aerobic digester Aerobic lagoon Alternative mitigation

measure Anaerobic digester
Anaerobic treatment Anaerobic treatment lagoon
Beef feedlot
Certified nutritionist CompostingCorral Day Dry manure/Dry separated
Solids Dry rolled corn Emissions mitigation p lan Facility
Freestall/Freestall barn High moisture corn ICAPCD permitted composting facility

In

- corral mounds Lagoon Land apply/land application Large CAF
Leachate
Licensed veterinarian (Milk parlor

– not in 4570) Mitigation measure
Maximum one

- time capacity
NRC
NRCS Phototropic lagoon Poultry Poultry Litter Molt Overall VOC capture and
control
Rain event Separated solid
Shade structure Solid separator system
Steam

- flaked corn Storage pond
Swine
VOC co ntrol device Weather proof structure

Year

5. Section C

– Requirements.

a. Permit. Section C.1.

– The draft requ ires LCAF owners or operators to submi t for approval

an Authority to Construct (ATC)/Permit to Operate (PTO) application for each LCAF

. Please clarify in the rule whether the owner or operator must also obtain the ATC/PTO.

b. Director Discretion:
i. Section C.1.g. allows APCO discretion for determining whether an Emissions Mitigation Plan for LCAF that is not a dairy, beef feedlot, swi ne, or poultry operation achieves at least a 30% facility

- wide reduction in emissions. For enforceability, please consider either narrowing the APCO discretion by specifying the

process, replicabl e criteria, and test methods (as appropriate) that the APCO will use to make that determination, or require CARB and EPA approval for such plans

. ii. Section C.3.d. allows APCO discretion for substitution of a mitigation measure not on the list for a listed measure. For enforceability, please consider either narrowing the APCO discretion by specifying the process, replicable criteria, and test methods (as appropriate) that the APCO will use to ensure that the source can demonstrate that its alternative control method achieves emissions reductions equal to or greater tha n the emission reductions required by the listed control method , or require CARB and EPA approval for a substitution.

c. Section C.4.

– For enforceability, please specify the required elements in the Emissions Mitigation Plan, possibly including elements lis ted in Rule 4570 section 5.1.3. Also, please clarify the process for a LCAF owner/operator to update or make changes to the control measures in the Emissions Mitigation Plan.
d. Section C.5. For enforceability, please include in this section or elsewhere in the rule the date or time period by which the LCAF owner/operators must implement the control measures.

6. Draft Rule 217 does not contain monitoring or source testing requirements, or test methods. We strongly recommend that in the District include these el ements in Rule 217. We also recommend the district provide more detailed recordkeeping requirements and extend the records retention period from two years to five year s

.

7. Sections D and E. Draft Rule 217 references District Rules 212 and 301 that are not in the SIP. Please consider including the relevant text into Rule 217 or submitting these rules to EPA for SIP approval.