5-21-15 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 This draft rule is stronger than the prior version (submitted 2007/withdrawn 2011) since specific 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, although in some areas less stringent, than the 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 SIP 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 SJVAPCD 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 illustrative purposes are:

a. Example of an improved measure: SJVAPCD reduced the maximum depth of manure in beef 

feedlot corrals/pens from 18 inches (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 from Rule 4570 (2010) because it is considered standard industry practice 

(see Staff Report p. 43). “Feed or dispose of rations within 48 hours of grinding and mixing 

rations” was retired because emissions reductions would be negligible (see Staff Report p. 

40-41).

c. Example of mandatory measures: While overall the rule is designed to allow flexibility, some 

menus in 4570 (2010) contain mandatory measures. See, e.g., Table 4.2 (C), which requires 

feedlot owners 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): Draft 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 enforceability, please define in Rule 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. Definitions - 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 4570.)

Aerated static pile (ASP)

Aerobic digester

Aerobic lagoon

Alternative mitigation 

measure 

Anaerobic digester

Anaerobic treatment

Anaerobic treatment lagoon

Beef feedlot

Certified nutritionist

Composting
Corral

Day

Dry manure/Dry separated 

Solids

Dry rolled corn

Emissions mitigation plan

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 control device

Weather proof structure

Year

5. Section C – Requirements.

a. Permit. Section C.1. – The draft requires LCAF owners or operators to submit 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, swine, 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, replicable 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 than 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 listed 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 elements in Rule 217. We also recommend the 

district provide more detailed recordkeeping requirements and extend the records retention period 

from two years to five years.

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.