SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

FINAL STAFF REPORT 

PROPOSED RE-ADOPTION OF 

RULE 4570 (CONFINED ANIMAL FACILITIES)

June 18, 2009 

Prepared by: Sandra Lowe-Leseth, Air Quality Engineer 

Reviewed by: Errol Villegas, Program Manager, Planning 

Scott Nester, Director of Planning 

I. PURPOSE OF THIS REPORT 

The San Joaquin Valley Air Pollution Control District has been ordered by the Superior 

Court of Fresno County to set aside Rule 4570 (Confined Animal Facilities) until the 

District specifically analyzes, and the Governing Board considers, the air quality-related 

public health impact of confined animal facilities (CAFs) and the public health benefits of 

Rule 4570. The District is proposing to re-adopt Proposed Rule 4570 on June 18, 2009. 

The purpose of this report is to summarize the District’s recent and proposed actions 

regarding Rule 4570. Because most of the rule’s impacts were described in documents 

published in 2006, this report does not re-summarize the rule’s environmental and 

economic impacts. The attachments to this staff report include a new Public Health 

Impact Analysis (Appendix A), an updated California Environmental Quality Act (CEQA) 

Proposed Negative Declaration (Appendix B), and the entire 2006 Final Staff Report for 

Proposed Rule 4570 and the attachments published at that time (Appendix C). 

Confined animal facilities are used in the raising of livestock for the purpose of providing 

dairy products, meat, and eggs. Due to the different methods of confinement, business 

plans, and physical and environmental constraints, there are numerous designs for 

CAFs. The design and operation of a CAF varies depending on animal type, regional 

climatic conditions, business practices, and preferences of the operators. California has 

become the largest producer of milk in the nation. The eight counties of the San 

Joaquin Valley are all in the top-ten California counties for milk production. Thus, 

dairies play a significant role in the Valley’s economy, and other types of CAFs bring 

considerable jobs and income into the Valley. 

Confined animal facilities generate several kinds of air pollutants, most notably volatile 

organic compounds (VOC), ammonia, and methane, a potent greenhouse gas. The 

San Joaquin Valley air basin has a serious air pollution problem, partly caused by VOCs 

emitted by CAFs. Rule 4570 requires CAF operators to perform certain mitigation 

measures with the objective of preventing or reducing VOC emissions. 

 1 Final Staff Report with Appendices 

For Proposed Re-Adoption of Rule 4570 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Staff Report: Rule 4570 (Confined Animal Facilities) June 18, 2009

 2 Final Staff Report with Appendices 

For Proposed Re-Adoption of Rule 4570 

II. THE 2006 ADOPTION OF RULE 4570 

There were two main reasons for the adoption of Rule 4570. The first was that the 

control of this source category was a control measure in the District’s 2004 Extreme 

Ozone Attainment Plan. As a control measure, the VOC reductions were necessary, 

based on computer modeling of the air basin, to bring the District into attainment of the 

one-hour ozone standard. 

The second reason was Senate Bill 700 (SB 700). On September 22, 2003, Governor 

Gray Davis signed into law SB 700. The bill amended air pollution control requirements 

in the California Health and Safety Code (CH&SC) to include requirements for 

agricultural sources of air pollution. California law had previously exempted these 

sources from requirements to obtain air permits. For San Joaquin Valley, SB 700 

required that the rule or regulation adopted pursuant to this requirement do all of the 

following: 

1. Require the owner or operator of each large confined animal facility to submit an 

application for a permit within six months from the date the rule or regulation is 

adopted by the district that includes both of the following: 

A. The information that the district determines is necessary to prepare an 

emissions inventory of all regulated air pollutants emitted from the 

operation, including, but not limited to, precursor and fugitive emissions, 

using emission factors approved by the state board in a public hearing. 

B. An emissions mitigation plan that demonstrates that the facility will use 

best available retrofit control technology to reduce emissions of pollutants 

that contribute to the nonattainment of any ambient air quality standard, 

and that are within the district's regulatory authority. 

2. Require the district to act upon an application for permit within six months of a 

completed application. 

3. Require the owner or operator to implement the plan contained in the permit 

approved by the district, and shall establish a reasonable period, of not more 

than three years, after which each permit shall be reviewed by the district and 

updated to reflect changes in the operation or the feasibility of mitigation 

measures. 

4. Establish a reasonable compliance schedule for facilities to implement control 

measures within one year of the date on which the permit is approved by the 

district, and shall provide for 30 days public notice and comment on any draft 

permit. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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For Proposed Re-Adoption of Rule 4570 

As part of the development process for Rule 4570, District staff conducted public 

scoping meetings in April 2005, public workshops and a Socioeconomic Focus Group 

meeting in March 2006 in order to present, discuss, and solicit comments on the draft 

rule. In addition to the workshops, staff met with representatives of the impacted 

industries, and control technology vendors to receive comments on the technical 

aspects and compliance costs of the proposed rule. The comments received from the 

public, affected sources, ARB, and US Environmental Protection Agency (EPA) during 

the public workshop process and technical consultation meetings were incorporated into 

the rule as appropriate. On June 15, 2006, the District’s Governing Board adopted Rule 

4570 (Confined Animal Facilities) to meet the District’s obligations under SB 700. Rule 

4570 has been submitted to EPA for approval in the State Implementation Plan, but the 

rule has not yet been acted on by EPA. 

Because the San Joaquin Valley is one of the largest agricultural areas in the state, 

Rule 4570 served as the model for other California air districts. District staff is working 

on amendments to the rule in response to 2007 Ozone Plan, which has Rule 4570 

emission reductions as a control measure. Going beyond the SB 700 mandates for 

large CAF, some concepts being explored include expanding the rule applicability to 

smaller facilities and requiring that each facility implement more emission mitigation 

measures. 

III. RULE 4570 REQUIREMENTS 

SB 700 required that ARB define large CAFs and that individual air districts implement a 

rule to limit emissions from these large facilities. ARB defines a large CAF as 

operations that have the following number of animals on their property: 

Livestock Category Large CAF definition 

Dairy 1,000 milking cows

Beef Feedlot 3,500 beef cattle 

Other Cattle Facility 7,500 calves, heifers, or other cattle 

Poultry Facility 

Chicken 650,000 head 

Duck 650,000 head 

Turkey 100,000 head 

Swine Facility 3,000 head 

Horses Facility 2,500 head 

Sheep and Goat Facility 15,000 head of sheep, goats, or any 

combination of the two 

Any livestock category not listed above 30,000 head 

Rule 4570, as adopted in 2006, requires owner/operators of large CAFs to select from a 

set of mitigation measures for each animal species. Additionally, the rule tailors the 

menus to the specific operation within the facility. Thus, the rule is protective of the 

animal health, food safety, and bio-security while providing needed emission reductions 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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For Proposed Re-Adoption of Rule 4570 

that would move the San Joaquin Valley air basin closer to attainment of the ozone 

standard. Dairies, for example, have mitigation measures that cover 

• Feed and feed storage; 

• Milking parlor; 

• Animal housing; 

• Animal waste handling; and 

• Land application of animal waste. 

Rule 4570 also establishes mitigation requirements for beef feed lots, other cattle 

operations, swine, and poultry operations, with each type of farm having its own menu 

of options. The mitigation measures themselves are based on the scientific evidence 

available at the time of the rule’s development. While researchers have studied 

livestock operations over the decades, air emissions associated with livestock 

agriculture are complex in nature, and the understanding of emissions is growing. 

District staff combed through thousands of pages of research and interviewed 

researchers and CAF operators to find options that would reduce VOC emissions and 

be feasible to implement. As noted earlier in this report, there considerable differences 

between CAFs, even those that produce the same end products. Thus, a mitigation 

measure that is feasible and cost-effective for one operator may be totally unworkable 

for another. Compliance with the rule requirements was one year from the date that a 

permit was issued to the facility. The details of the rule requirements and other 

background information are contained in the 2006 Final Staff Report which is attached 

as Appendix C of this staff report. 

III. LEGAL CHALLENGES, DECISIONS, AND COURT ORDER 

In July 2006, the Association of Irritated Residents (AIR) filed a petition for writ of 

mandate in the Superior Court of California challenging the legality of District Rule 4570. 

Specifically, the complaint alleged that the District: (1) failed to perform a health effects 

analysis before adopting Rule 4570; (2) failed to adopt a rule that reduces all air 

contaminants; (3) failed to regulate ammonia; (4) failed to reduce volatile organic 

compound (VOC) emissions; (5) failed to meet Best Available Retrofit Control 

Technology (BARCT) requirements for VOC emissions; and (6) claimed emission 

reductions that are arbitrary and capricious and entirely lacking in evidentiary support. 

The trial court denied the petition on all counts in August 2007 and AIR appealed the 

decision. 

In November 2008, the Fifth Appellate District Court upheld the trial court’s decision on 

all issues except for one relating to the District’s health impact assessment. On that 

issue, the court found the staff report insufficient in assessing the rule’s impact on public 

health. Consequently, the trial court issued a final order directing the District to set 

aside its adoption of Rule 4570, “pending its assessment of the rule on public health in 

the valley.” 
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Final Staff Report: Rule 4570 (Confined Animal Facilities) June 18, 2009

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For Proposed Re-Adoption of Rule 4570 

The issues raised by AIR and the judgments rendered by the trial and appellate courts 

are summarized below: 

Failure to perform a health effects analysis: The trial court determined that 

the “District amply assessed public health concerns in adopting Rule 4570.” In 

fact, the court pointed AIR’s own brief which cited numerous discussions of the 

health effects of various air pollutants in the administrative record. The court 

found these references to the health effects discussions in the record to 

contradict AIR’s claims. The appellate court, however, found that the District 

staff report was insufficient in assessing the rule’s impact on public health. The 

appellate court found that it was insufficient to only have a general discussion 

of the adverse health impacts of ozone and it was not enough to say that VOC 

emissions from large confined animal facilities add to poor air quality, which in 

turn impacts public health. The court noted that the statute requires that “[t]he 

nature and quantity of emissions from the category, and the significance of 

those emissions in adversely affecting public health and the environment,” be 

assessed in connection with “the impact of the rule or regulation.” The court 

found that, in relation to the estimated VOC reductions of 7,563 tons per year 

from Rule 4570, the District “makes no statement about how this will impact 

public health concerns.” 

The District has been ordered to “set aside its adoption of Rule 4570, pending 

its assessment of the rule on public health in the Valley.” The assessment 

must also provide “insight into how it balances public health concerns against 

other interests during the rule-making process.” The court “does not direct the 

District to exercise its lawful discretion in any particular way.” 

Air contaminants besides ozone: AIR alleged that the District’s decision to 

address only VOC emissions in Rule 4570 violates the statutory requirements. 

The District’s position was that the statute applied to areas that were nonattainment for ozone and that only ozone precursors were to be regulated. 

Both the trial and appellate courts ruled in favor of the District on this issue 

citing the legislative intent and the explicit language in the statute. 

It should be noted that, although Rule 4570 only regulates VOC emissions, the 

mitigation measures that are required under this rule will also reduce 100 tons 

per day of ammonia and approximately 200 tons per day of methane. 

Regulating ammonia: AIR alleged that Rule 4570 violated the state law 

because it did not regulate ammonia emissions. Both the trial and appellate 

courts ruled in favor of the District on this issue citing the legislative intent and 

the explicit language in the statute. 

The trial court also noted that ammonia was a precursor to particulate matter 

and referenced scientific studies relied upon by the air district that indicated that 
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controlling ammonia emissions for reducing ambient particulate concentrations 

were unwarranted. 

Emission reduction assumptions: AIR alleged that the District’s estimates 

for emission reductions were arbitrary and capricious and did not represent real 

reductions in emissions. Both the trial and appellate courts ruled in favor of the 

District on this issue. In fact the court found that the District’s emission 

estimates were conservative stating that “[i]t was not overly optimistic, 

assigning conservative numbers to estimated reductions.” 

Double counting emission reductions: AIR alleged that the District double 

counted reductions associated with feeding animals according to National 

Research Council guidelines. Both the trial and appellate courts ruled in favor 

of the District on this issue. The court cited various studies that were relied 

upon by the District and found that the District’s 10% reduction estimate may 

have been conservative given that another study suggested a reduction of 63 

percent reduction in emissions. 

Liquid manure mitigation measures: AIR alleged that District improperly 

assigned a 50 percent control efficiency for each of the liquid manure mitigation 

measures. Both the trial and appellate courts ruled in favor of the District on 

this issue. The court found that although control efficiencies as high as 80-90% 

were possible, the District’s conservative assumption of 50 percent control was 

not arbitrary. 

Application of manure to cropland: AIR alleged that the District’s 

assignment of a 50 percent reduction in emissions to this measure lacked 

evidentiary support. Both the trial and appellate courts ruled in favor of the 

District on this issue. The court cited studies that showed reductions as high as 

90% were possible with proper management. 

Failure to assess more expensive mitigation measures: In estimating the 

overall effectiveness of Rule 4570, the District assumed that the facility 

operators would choose the least costly mitigation options available to them. 

AIR alleged that this practice was arbitrary and failed to quantify reductions 

from the more expensive controls. Both the trial and appellate courts ruled in 

favor of the District on this issue. The court ruled that “this is a conservative 

approach, not an arbitrary one.” 

Best Available Retrofit Control Technology (BARCT) requirements: AIR 

alleged that Rule 4570 failed to satisfy BARCT requirements as mandated by 

the statute. The court found that the District satisfied the BARCT requirements 

even under the District’s conservative assumption that the facility operators 

would choose the least expensive measure from the menu of options available 

to them. 
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Final Staff Report: Rule 4570 (Confined Animal Facilities) June 18, 2009

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For Proposed Re-Adoption of Rule 4570 

To comply with the trial court’s decision, your Board set aside the 2006 rule adoption at 

its May 21, 2009 meeting. The Governing Board also scheduled a hearing on June 18, 

2009 to consider whether to re-adopt the rule or to direct District staff to modify the rule. 

The staff report, the proposed rule, and the health analysis have been published at least 

30 days prior to the June meeting to allow public review. During the June public 

hearing, the Governing Board will receive public comments and staff recommendations 

about what should be done with Rule 4570. 

V. SB 700 MANDATES 

SB 700, as codified in the California Health and Safety Code, requires that the 

Governing Board assess the impact of the rule and make a good faith effort to minimize 

any adverse impacts. SB 700 goes on to enumerate the different aspects to be 

considered. The following paragraphs outline the required assessment factors. 

This staff report and appendices provide detailed information from the 2006 adoption of 

Rule 4570 plus updated information on public health impacts and benefits, and 

greenhouse gas emissions. The following sections provide a synopsis of the critical 

information relevant to the required impact assessment. 

(1) The category of sources affected, including, but not limited to, the 

approximate number of affected sources, and the size of those sources: The San 

Joaquin Valley is home to approximately 7,000 confined animal facilities. Although 

most of the Valley’s CAFs are not considered “large” according to the Air Resources 

Board definition of “large confined animal facility,” 72% of the Valley’s confined animals 

are housed at facilities subject to Rule 4570. About 558 facilities are currently subject to 

the control requirements of Rule 4570. 

CAFs are used in the raising of livestock for the purpose of providing dairy products, 

meat, and eggs. The size of all types of livestock agriculture farms has increased since 

the 1990s. A big driver in the change is increased productivity and, through that, lower 

production costs to the farmer. These lower production costs are passed on to the 

consumer as lower prices for meat, dairy products, and eggs. One example of the shift 

to large-scale production is the dairy industry. Nationally, only about 10% of all dairy 

cows were housed on farms with more than 1,000 head in 1992. By 2007, that ratio 

rose to 36% of all dairy cows. The shift to very-large dairies (1,000+ head) had its origin 

in California and other western states. Looking at California specifically, the state has 

become the largest producer of milk in the nation. The eight counties of the San 

Joaquin Valley are all in the top-ten California counties for milk production, with Tulare 

County heading the list. Tulare County alone produced almost as much milk as the 

entire state of Pennsylvania; the state ranked number five on the 2007 list of top milkproducing states and Tulare County was well ahead of Minnesota, the sixth largest milk 

producing state. 
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Final Staff Report: Rule 4570 (Confined Animal Facilities) June 18, 2009

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For Proposed Re-Adoption of Rule 4570 

Figure 1 shows the recent trends in the Valley’s growth in dairy cow population and a 

6% decline in the number of facilities. In Figure 1, “Dairy Cows” includes only mature 

cows, but not calves and heifers. 

Figure 1 - San Joaquin Valley Dairy Population Trends 

Dairies

Cows

1,300

1,400

1,500

1,600

2005 2006 2007 2008

Dairies

1,300,000

1,400,000

1,500,000

1,600,000

1,700,000

Dairy Cows

Rule 4570 affects all large CAFs, as defined by the Air Resources Board. Table 1 

shows the minimum number of animals for a facility to be considered a large CAF. 

Table 1 - Rule 4570 Applicability 

Livestock Category Rule 4570 

Applicability 

Facilities Subject 

to Rule 4570* 

Animals Subject to 

Rule 4570** 

Dairy 1,000 milking cows 478 2,064,782*** 

Beef Feedlot 3,500 beef cattle 12 174,848 

Other Cattle 7,500 head 0 0 

Chicken 650,000 head 32 36,805,089 

Duck 650,000 head 0 0 

Turkey 100,000 head 35 4,728,720 

Swine 3,000 head 1 90,000 

Horses 3,000 head 0 0 

Sheep and/or Goats 15,000 head 0 0 

Other livestock 30,000 head 0 0 

* Current data 

** 2006 data, except for “other cattle.” The original staff report anticipated that several “other cattle” 

facilities would be subject to Rule 4570, but recent data reveals none are actually subject. 

*** Dairy animals includes cows, calves, and heifers. 
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(2) The nature and quantity of emissions from the category, and the significance 

of those emissions in adversely affecting public health and the environment and 

in causing or contributing to the violation of a state or federal ambient air quality 

standard: 

Nature and quantity of emissions from the category: Confined animal facilities generate 

emissions of volatile organic compounds, ammonia, and methane. As confirmed by the 

court decisions discussed above, the focus of Rule 4570 is appropriately on VOC as a 

precursor to ground-level ozone. According to the emission inventory used in the 

District’s 2007 Ozone Plan, the VOC emissions inventory for CAFs in 2005 was 57.6 

tons per day, and the total VOC inventory for 2005 was 398.6 tons per day. Thus, in 

2005, CAFs accounted for 14% of the total anthropogenic VOC emission inventory for 

the San Joaquin Valley. Given the considerable fraction of VOCs in the region that 

originate from confined animal facilities, Rule 4570 was originally included as part of the 

District’s strategy to attain the federal health-based standard for one-hour ozone in the 

District’s 2004 Extreme Ozone Attainment Demonstration Plan. 

Due to the relatively new status of CAFs as regulated air emission sources, the body of 

scientific knowledge on CAF emissions is not as well established as other traditional 

stationary sources historically under the jurisdiction of the District. New scientific 

findings characterizing and quantifying dairy, poultry, and other animal emissions and 

possible control measures are currently being developed and completed. The District 

developed Rule 4570 using relevant findings from previous research efforts as they 

were finalized, published, and peer-reviewed. These include, but were not limited to: 

• A study at UC Davis, led by Dr. Frank Mitloehner, which focused on emissions 

from cows housed in environmental chambers to evaluate the emissions 

produced directly from cows and their fresh manure. 

• A study at two operating dairies in the San Joaquin Valley, led by Dr. Chuck 

Schmidt, in which measurements were made at various locations at the dairies, 

including the corrals and turnouts, bedding areas, lagoons, feed storage areas, 

flush lanes, and bunker feed. 

• A study by Dr. Schmidt to validate the effectiveness and capture efficiency of 

using flux chambers that were used to quantify emissions in the dairy studies. 

The significance of those emissions in adversely affecting public health and the 

environment and in causing or contributing to the violation of a state or federal ambient 

air quality standard: District staff has conducted a series of empirical exercises 

intended to estimate the public health impacts of CAF emissions and the health benefits 

of Rule 4570. The computer modeling used in the District’s 2004 Extreme Ozone 

Attainment Demonstration Plan showed that VOC and oxides of nitrogen (NOx) 

emission reductions were essentially equivalent in affecting 1-hour ozone levels. In 

contrast, the computer modeling used for the District’s 2007 Ozone Plan demonstrated 

that reductions in VOC emissions are relatively weak in affecting 8-hour ozone levels 

compared to the same amount of NOx reductions. Given the challenges facing the 

District in attaining the 8-hour ozone standard, even the minor contribution of VOC 
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emissions is crucial, since stationary NOx sources within the District’s regulatory control 

are only about 20% of total NOx emission inventory (mobile sources make up the other 

80%), and NOx stationary sources are already well-controlled through current rules and 

regulations. By comparison, VOC sources within the control of the District are 55% of 

the total VOC emission inventory. Since agricultural sources were specifically exempt 

under state law prior to 2004, agricultural sources have not had the same level of 

emission control as other VOC sources and, therefore, an appropriate target category 

for control implementation. As noted above, CAFs are about 14% of the District’s total 

anthropogenic VOC emission inventory. 

Using the ozone modeling that was conducted as part of the 2007 Ozone Plan, District 

staff has estimated the contribution of CAF sector VOC to ozone concentrations at San 

Joaquin Valley air monitoring sites. As detailed in Appendix A of this staff report, the 

absolute contribution of CAF VOC emissions to ozone design values ranged across 

monitors from 1.3 to 2.8 parts per billion, which equates to 1.6% to 2.8% of the total 

ozone concentration in the ground-level atmosphere. Given the complex regional and 

photochemical nature of ozone, these percentages of the total ozone concentration are 

considered to be reasonable estimates for CAF VOC contributions to the violations of 

state and federal ozone standards. 

Considerable research over the past 35 years has investigated the responses of 

humans to ozone inhalation. This research has consistently shown that exposure to 

elevated ozone leads to inflammation and irritation of airway tissue. Elevated ozone 

has been shown to reduce lung function and inflame lung epithelial lining. Symptoms 

and responses to ozone exposure vary widely among individuals. Typical symptoms 

include cough, chest tightness or pain, shortness of breath, pain when taking a deep 

breath, coughing, throat irritation, congestion, and increased asthma symptoms. In 

persons with asthma, ozone can worsen asthma symptoms. Ozone in sufficient doses 

can also increase the permeability (“leakiness”) of lung cells, making them more 

susceptible to environmental toxins and infection caused by microorganisms such as 

viruses and bacteria. 

In epidemiological studies, ozone exposure has been associated with an increase in 

hospital admissions and emergency room visits, particularly for causes related to the 

lungs, such as asthma and chronic obstructive pulmonary disease (COPD). Elevated 

ozone exposure has also been shown to be positively associated with premature death 

from respiratory disease in a recent study of 448,850 subjects in 96 U.S. cities. Equally 

significant, a study of over 6,000 California births found that elevated ozone exposure 

during pregnancy was correlated with reduced fetal growth among term infants. 

In terms of analysis tied directly to the San Joaquin Valley, Dr. Jane V. Hall and Dr. 

Victor Brajer from California State University, Fullerton evaluated the impact of ozone 

standard exceedences using a number of adverse health effects and their associated 

costs. The results of that analysis are summarized in Table 3. 
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Table 3 - Estimated Annual Ozone Impacts from the Hall Study *

 

Number of 

Incidences Valuation 

Respiratory Hospital Admissions 163 $6,180,000

Asthma Attacks Asthmatic Population 20,400 $1,081,000

Emergency Room Visits 60 $21,330

Days of School Absences 151,510 $12,020,000

Minor Restricted Activity Days 153,750 $9,940,000

Mortality 9 $59,640,000

Total Cost of Ozone-Related Exposure $88,882,330

“The Benefits of Meeting Federal Clean Air Standards in the South Coast and San Joaquin Valley Air 

Basins” Jane V. Hall, Ph.D. and Victor Brajer, Ph.D., California State University, Fullerton, November 

2008. 

As discussed above, it is reasonable to conclude that 1.6% to 2.8% of the adverse 

health impacts associated with ozone concentrations in the Valley can be attributed to 

VOC emissions from CAFs. 

Although the CH&SC Section 40724.6 (e)(2) requires assessment of the nature and 

quantity of emissions from CAFs in adversely impacting public health and attainment of 

an air quality standard, the Court of Appeals interpreted this section to also require a 

public health assessment of the emission reductions from Rule 4570, therefore, the 

following paragraphs outline the public health benefit associated with Rule 4570. The 

report, in its entirety, is attached to this report as Appendix A. 

To the extent that scientific data are available and in accordance with accepted 

principles of scientific inference, District staff has studied the relationship between 

CAFs, VOCs, ozone concentration, and health effects using computer modeling 

software from EPA known as BenMAP. The study process required five stages. First, 

the control of VOC emissions from large CAFs was placed into the scientific context of 

ozone photochemistry in the San Joaquin Valley and the institutional context of the 

Clean Air Act. Second, an assessment was made of the nature and quantity of VOC 

emissions from the CAF sector and their relative contribution to ozone concentrations in 

the region. Third, the health benefit analysis evaluated the effectiveness of Rule 4570 

in reducing ozone concentrations relative to other ozone control measures undertaken 

by the District in the 2007 Ozone Plan. Fourth, the study quantified the health benefits 

from the 2007 Ozone Plan in 2020 in order to underscore the overall health benefits of 

controlling VOC emissions in the region as well as the proportional contribution of Rule 

4570 to those health benefits. 

In order to assess Rule 4570’s contribution to public health, the final stage of this health 

assessment process involved a quantification of the overall health benefits resulting 

from the 2007 Ozone Plan implementation in the year 2020 (based on CARB’s 2020 

ozone modeling). While it is not possible to use the EPA’s BenMAP program to quantify 

health benefits from individual ozone control measures such as Rule 4570, the program 
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was used to estimate the number of avoided cases of ozone-related diseases and 

premature death that would result from the cumulative control measures contained 

within the 2007 Ozone Plan. 

The health endpoints chosen for the health benefit analysis were: 

1. Mortality (premature death): Premature death is defined in epidemiological 

studies as someone who dies from an air pollutant-related cause prior to their 

expected age of death, based on actuarial research. Typically this period falls 

between 10 and 15 years before normal life expectancy. 

2. Respiratory Emergency Room Visits: Elevated ozone often triggers a strong 

pulmonary response in individuals with pre-existing pulmonary conditions, such 

as those with asthma or chronic bronchitis. Numerous studies have analyzed 

this impact, and concentration response functions have been developed for 

emergency room visits related to individual pulmonary conditions as well as visits 

for combined respiratory distress. 

3. Respiratory Hospital Admissions: This endpoint category and the related 

epidemiological studies are closely related to the ER Visits category, except that 

the extent of ozone-triggered health trauma is more severe, resulting in hospital 

admission. 

4. School Loss Days: As a region, the San Joaquin Valley has a very high rate of 

childhood asthma. Days of elevated ozone have been shown by a number of 

studies to result in a statistically elevated and proportional rate of school 

absences. 

5. Acute Respiratory Symptoms: Individuals with pulmonary vulnerability such as 

asthmatics often experience respiratory impairment that does not result in 

medical treatment or lost work but are nonetheless real and detrimental to the 

individual. Studies have shown that the frequency of these symptoms, including 

wheezing, coughing, and shortness of breath, is relatively high. 

6. Reduced Worker Productivity: While ambient ozone concentrations are often 

much lower within indoor work environments, especially those that are air 

conditioned, outdoor workers engaged in strenuous activity are vulnerable to its 

effects. Research has demonstrated that there are modest but measurable 

impacts of elevated ozone on worker productivity. It should be noted that the 

San Joaquin Valley, because of its extensive acreage devoted to labor-intensive 

crops, has one of the highest concentrations of outdoor labor in the United 

States. 

The results of the BenMAP incidence analysis are presented in Table 6. As a result of 

the total control measures contained within the District’s 2007 Ozone Plan, these figures 

represent the number of avoided cases of premature death or health trauma that would 

apply to the San Joaquin Valley populations in the year 2020. Year 2020 was selected 

as the terminus of health benefits from the Plan because VOC controls from measures 

such as Rule 4570 no longer result in ozone decreases beyond that year. This analysis 

shows greater health benefits compared to the Hall study, due to choice of health 

endpoints and that the 2007 Ozone Plan will move some areas beyond attainment, 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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 13 Final Staff Report with Appendices 

For Proposed Re-Adoption of Rule 4570 

meaning ozone levels below the ozone standard. The Hall study evaluated the health 

endpoints based on each area of the Valley just at the standard. In conclusion, the 

BenMAP analysis demonstrated that the reductions in ozone precursor emissions 

resulting from Rule 4570 make a critical contribution to the overall health benefits of 

control measures in the 2007 Ozone Plan. 

Table 6 - Avoided Cases of Premature Death and Health Trauma in 2020

Health Endpoint 

Number of 

incidences 

Valuation 

(2020 dollars) 

Mortality 21 $179,938,502

Respiratory Emergency Room Visits 78 $27,437

Respiratory Hospital Admissions 286 $6,085,451

School Loss Days 79,532 $8,079,926

Acute Respiratory Symptoms 91,402 $6,235,594

Worker Productivity 11,828,748 $16,034,971

Total Cost Benefit from Reduced Ozone Exposure $216,401,880

Rule 4570 as adopted in 2006 and now proposed for re-adoption, makes a noticeable 

contribution to the long-term ozone attainment goals for the region. Ozone reductions 

attributable to Rule 4570 were estimated to range from 0.5 ppb to 1.1 ppb, depending 

on the monitor location. In respect to the relative (percentage) contribution of these 

reductions to attainment of the 1997 ozone health standard (84 ppb), this estimate 

ranged from 3.9% (Arvin) to 34.5% (Madera). Approximately two-thirds of these ozone 

reductions in 2012 are attributable to Rule 4570 adopted in 2006, with the remaining 

benefits coming from the Rule 4570 amendments planned for adoption in 2010. Please 

refer to Figure 6 in Appendix A of this report for additional details. These modeling 

results underscore the relative importance of Rule 4570 among local control measures 

adopted for stationary sources in reducing ozone concentrations in the Valley. 

(3) The emission reduction potential: When adopted in 2006, District staff estimated 

that Rule 4570 would achieve approximately 9 tons per day of VOC reductions by 2009, 

20 tons per day by 2012, and 24 tons per day by 2020. These values represent a 

significant portion of the District’s overall VOC control strategy. In addition, a secondgeneration large CAF control measure, Rule 4570 v2, is scheduled to reduce an 

additional 6.7 tons per day by 2012 and 21.5 tons per day by 2020. These two 

iterations of Rule 4570 (v1 and v2) comprise 63% of the VOC reductions that were 

included in the District’s 8-hour ozone attainment strategy. The large CAF reductions 

make a critical contribution to the total VOC reductions. These VOC reductions are an 

essential component of the overall District ozone control strategy for the San Joaquin 

Valley. 

(4) The impact on employment in, and the economy of, the region: The following 

discussion is taken from the Socioeconomic Impact Analysis prepared by Applied 

Development Economics, Inc. for the 2006 adoption of Rule 4570. The entire 
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 14 Final Staff Report with Appendices 

For Proposed Re-Adoption of Rule 4570 

socioeconomic impact report is included in Appendix C (pages C-105 through C-148) of 

this staff report. 

In 2004, there were approximately 1,500 dairy facilities operating in the eight-county 

region, and these facilities employed an estimated 16,800 workers. These facilities 

recorded $4.3 billion in value, from which $266 million in net profits was generated. It is 

important to note that the economic activity tracked involved milk production, not 

purchase or sale of dairy cows. 

The cattle industry in the region is not as large as dairy, employing fewer workers and 

generating less revenues and net profit. The beef and cattle industry was tracked using 

transactions involving the sale of cattle in general and beef cattle in particular. The 

District’s economic consultant estimates that there were approximately 10,474 workers 

employed in beef cattle and other cattle operations in the region. Projecting to 2004 

based on California EDD growth patterns between 2002 and 2004, there were 5,290 

cattle facilities in the region, which includes both range-fed (not confined) and feedlot 

operations. 

There were approximately 313 swine farms operating in the region and 1,485 in the 

state as a whole in 2004, suggesting that swine farm operations occur largely outside of 

the eight-county region. Poultry operations were not included in the socioeconomic 

impact analysis because, for the most part, the required mitigation measures are in 

place, so no costs were associated with implementing the rule at poultry large CAFs. 

Businesses impacted by a proposed rule may respond in a variety of ways when faced 

with new regulatory costs. These responses may range from simply absorbing the costs 

and accepting a lower rate of return, to shutting down the affected business operation 

altogether and, where practical, shift from lower-value to higher-value product and or 

crop. Affected sources may also seek to renew efforts to increase productivity and 

reduce costs elsewhere in their operation in order to recoup the regulatory costs and 

maintain profit levels. It is important to note that agriculture in general, and livestock 

products in particular, are “price takers”, meaning that they have little ability to set price 

of their goods, and little ability to pass on costs to the consumer. As prices of basic 

goods like beef increase, consumers may switch to other products, such as poultry. 

Alternatively, consumers might continue to buy beef, but they may switch to products 

from other regions or states that could be less expensive. 

The socioeconomic impact analysis of Proposed Rule 4570 done in 2006 showed that 

the total annual compliance costs represents less than 1% of the net profits for large 

CAF swine stakeholders; 9.6% of the net profits of large CAF dairy stakeholders; 13.0% 

percent of the net profits of large cattle stakeholders (beef feedlots); and 13.5% of the 

net profits of other large CAF cattle stakeholders. Based on a threshold of significance 

of 10%, only large beef feedlot CAFs and large “other cattle” CAFs would be 

significantly affected by the proposed rule. It was expected that dairies and swine 

operations could absorb the additional compliance costs through operational efficiencies 
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For Proposed Re-Adoption of Rule 4570 

because the compliance costs are less than 10% of the estimated net profit for these 

facility types. 

Because of the way in which one business in one industry interacts through buyer and 

supplier relations with businesses in the same or other industries, there are also indirect 

and what are called induced impacts associated with the proposed rule. Using the 

IMPLAN Impro Professional input-output model, the District’s socioeconomic consultant 

estimated the multiplier impacts associated with the cost of compliance above the 

threshold of significance, looking particularly at two measures – employment and 

industry output. Employment indicates the number of jobs lost given the level of 

compliance cost. This employment total includes self-employment. Industry output 

represents the sum of all economic activity lost by affected industries and ancillary 

activities. This activity includes all commodity inputs, labor income, property income, 

and other value added components. 

The multiplier impacts for these measures come from the Type II multipliers. These 

multipliers include the direct, indirect, and induced impacts. 

• Direct impacts represent the jobs losses and other economic impacts that are 

directly related to costs associated by affected industries as a result of 

implementation of the proposed rule. 

• Indirect impacts represent the jobs and other economic effects that will potentially be 

lost elsewhere in the eight-county region as a result of the direct impacts on affected 

industries resulting from the draft rule. These indirect impacts result from supplier 

purchases. 

Induced impacts represent the economic losses associated with reductions in 

household purchases tied to direct and indirect employment losses in the region. These 

induced impacts most typically occur in retail and other local-serving industry categories 

such as personal services, education, and health care. 

Table 4 shows the direct, indirect, and induced employment impacts and industry output 

impacts associated with annual cost of compliance resulting from Proposed Rule 4570. 

As noted above, the industry output is the dollars in excess of 10% of the estimated net 

profit. In addition to the direct loss of 17 workers in the non-dairy cattle industry, there 

was estimated to be an indirect loss of 17 additional workers in businesses with whom 

affected non-dairy cattle producers engage in buyer-supplier relations. The direct loss 

of 17 and the indirect loss of another 17 workers, in turn, would induce the loss of 

another 6.4 workers, mainly those who are employed in retail and services. Thus, the 

total number of jobs lost as a result of the costs associated with Proposed Rule 4570 

amounts to 40.4 workers, or less than 0.1% of the number of people employed by the 

non-dairy cattle industry in the region. 
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Table 4 - Socioeconomic Impact Analysis of Rule 4570 

Impact type Direct Impacts Indirect Impacts

Induced 

Impacts Total Impacts 

Industry Output -- below sig. -- -- below sig. -- -- below sig. -- -- below sig. -- Dairy Employment -- below sig. -- -- below sig. -- -- below sig. -- -- below sig. --

Industry Output $1,975,300 $1,806,328 $415,641 $4,197,269 Cattle Employment 17 17 6.4 40.4 

Industry Output $134,985 $123,438 $28,403 $286,827 Beef Employment 1 1 0.4 2.4 

Industry Output $1,840,315 $1,682,890 $387,238 $3,910,442 Other Cattle Employment 16 16 5 38 

Industry Output -- below sig. -- -- below sig. -- -- below sig. -- -- below sig. -- Swine Employment -- below sig. -- -- below sig. -- -- below sig. -- -- below sig. -- 

Industry Output NA NA NA NA Poultry Employment NA NA NA NA 

Source: Applied Development Economics, based on San Joaquin Valley Unified Air Pollution Control 

District and Industry 

The Table 4 data was taken from the 2006 staff report for the original rule adoption. At 

that time, dairy farmers were realizing increased revenue due to higher milk prices. In 

2008, the price received by dairy farmers for milk was significantly lower, and the nation 

and the region’s economy is experiencing major downturn. Therefore, the economic 

and employment impact of Rule 4570 on dairy operators may be higher than the 2006 

estimates. By comparison, the category “other cattle” was expected to be significantly 

impacted by the rule implementation. Table 1, however, shows that there are no “other 

cattle” facilities that are currently subject to the rule, and, therefore, there no 

socioeconomic impacts occurred for this type of CAF. 

(5) The range of probable costs to affected sources and businesses: District staff 

used available cost information contained in technical reports, provided by control 

equipment vendors, and received from stakeholders, to conduct a cost effectiveness 

analysis of the proposed requirements of Rule 4570 in 2006. For the purpose of 

calculating the compliance cost and associated cost-effectiveness of the proposed rule, 

staff took into consideration those mitigation measures already being implemented at 

facilities and assumed that owners/operators will likely choose the lowest cost mitigation 

measures. This was done to minimize overestimation of compliance costs. Staff 

refined the analysis based on further information provided by the California Department 

of Food and Agriculture, industry representatives, and vendors. The total annual 

compliance costs are summarized in Table 5. 
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For Proposed Re-Adoption of Rule 4570 

Table 5 - Compliance Costs for CAFs that Implement Mitigation Measures 

Type of CAF Total Annual Compliance Costs 

Dairy $18,324,074 

Beef Feedlots $590,112 

Other Cattle Facilities $7,147,266 

Swine $540 

TOTAL $26,061,922 

Based on the annual costs and emission reductions associated with each sector of 

industry, the estimated cost effectiveness is as follows: 

• Dairies = $4,815 or less per ton of VOC reduced, 

• Beef feedlots = $4,505 or less per ton of VOC reduced 

• Other cattle facilities= $10,088 or less per ton of VOC reduced, and 

• Swine = $3 or less per ton of VOC reduced. 

A cost effective analysis was not done for poultry because, based on comments from 

industry and information in the District’s permit database, staff determined that existing 

poultry facilities were already required to implement best available retrofit control 

technology. Therefore, the added cost would only be recordkeeping costs, which are 

considered minimal. A detailed discussion of the analysis is shown pages C-95 through 

C-104 of this report. 

The category “other cattle” was expected to be significantly impacted by the rule 

implementation when District staff calculated compliance costs in 2006. As shown in 

Table 5, about $7.1 million per year of compliance costs were allocated to “other cattle” 

facilities. Table 1, however, shows that there are no “other cattle” facilities that are 

currently subject to the rule, and, therefore, operators of “other cattle” facilities incurred 

no actual compliance cost as a result of Rule 4570. 

(6) The availability and cost effectiveness of alternatives: Because of the magnitude 

of CAF emissions and significance of the potential reductions, alternatives to the CAF 

rule itself, such as deferring the CAF rule in favor of VOC emission reductions from 

another source category, are not possible in the context of the District’s ozone 

attainment strategy and SB 700. During the development of Rule 4570, District staff 

considered the availability and cost effectiveness of numerous alternatives as control 

requirements in the rule, including stringency of each mitigation measure and the 

number of mitigation measures needed for each source category. The considerations 

and deliberations were conducted in an open public process, which ultimately produced 

Proposed Rule 4570 in June 2006. These alternatives were documented in several 

published drafts of the rule and staff report, and in responses to public comments. 

These documents were submitted for Governing Board deliberations in 2006, and are 

attached again as part of this report. District staff also presented information that 

demonstrated that the proposed suite of controls would reduce VOC emissions by the 

amount specified in the 2004 Extreme Ozone Attainment Demonstration Plan. 
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For Proposed Re-Adoption of Rule 4570 

(7) The technical and practical feasibility: In assessing the technical and practical 

feasibility of Rule 4570, the fugitive nature of the emissions from certain CAF categories 

is an important underlying factor. Fugitive emissions are defined as “those emissions 

which could not reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening.” In general, fugitive emissions (e.g., particulate matter from the 

disturbance of dust, VOC from coatings and solvents) are traditionally – and almost 

exclusively - controlled by techniques to prevent emissions, rather than removing 

contaminants that are already entrained. 

Because of the large amount of land required to sustain the raising of animals, 

agricultural facilities, by their nature, tend to be very expansive. Agricultural production 

areas can span over a hundred acres with air contaminants primarily produced as 

fugitive emissions from multiple sources and operations at the facility. Examples of

fugitive emission sources at CAFs include enteric emissions from livestock and 

emissions from animal waste that is applied to land. 

The majority of emissions at traditional stationary sources are collected and released 

through a chimney, pipe, vent, or stack, which allows the use of traditional emission 

controls like fabric filters, catalysts, scrubbers, carbon absorbers, and regenerative 

thermal oxidizers. Emissions from agricultural sources are spread out over wide areas 

and are very dilute at the point of release. It would be exceedingly costly and energy 

intensive to design and construct a system capable of capturing the emissions from 

certain CAF categories, and then controlling them. However, even if it were possible to 

capture most of the fugitive emissions, the extremely dilute nature of the compounds 

emitted from animals at agricultural sources would still cause the use of traditional point 

source controls to be infeasible and exceedingly expensive. Because of these 

feasibility constraints, Rule 4570 relies on management practices to prevent emissions 

from confined animal facilities. Alternatives to management practices are not 

reasonably available or feasible for CAF fugitive emissions. 

In contrast to most source categories within a CAF, certain operations would appear to 

be candidates for traditional emission control techniques, since these operations 

produce non-fugitive VOC emissions. One example is poultry houses, which are used 

to enclose a large number of birds and have climate controls to ensure that the birds’ 

health is protected. Since a poultry house is a building with limited outlets, it is 

theoretically feasible to add some sort of control device on the ventilation outlet to 

control VOC emissions. However, engineering analysis of these buildings shows that 

the air flow rate needed to control the interior environment is high and the VOC 

concentration is very low, meaning that the cost to control emissions from the building is 

high compared to the relatively low amount of emissions reduced. Consequently, 

control of these emissions using traditional VOC control devices has been considered 

not cost effective. 

A dairy waste (anaerobic) digester or treatment lagoon is another non-fugitive source 

category that would seem to be set up for VOC emission control. One might assume 
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For Proposed Re-Adoption of Rule 4570 

that power generation from the methane produced by the digester/lagoon should reduce 

any capital equipment or operating costs of the digester/lagoon controls. The reality is 

that economic feasibility is highly variable, and depends on project location and the local 

utility company. The physical connection between onsite electrical generators and the 

local power grid alone can cost $90,000 before taking into account the capture and 

control equipment for the digester/lagoon itself. Lastly, even using the VOCs on-site 

can have negative air quality impacts. One of the main uses of collected VOCs is to run 

internal combustion engines for pumping water needed at the dairy. In some recent 

cases, engines running on digester gas have not been able to meet the District’s 

stringent NOx standards. 

Another concern is that, unlike traditional stationary sources, potential adverse affects to 

livestock must also be considered when changes in production methods are 

undertaken. Emission control measures that would be applied to animals must take into 

account the health, welfare and productivity of the animals, food safety, and biosecurity. Animal deaths, expenses for treatment or disposal of dead animals, as well as 

loss of productivity due to poor animal health can all be devastating to a farmer. 

Government agencies such as the United States Department of Agriculture (USDA) are 

also deeply involved in animal health and the related food safety and bio-security issues 

that affect not just individual farmers but also the entire farm industry and the public. 

Diseases such as hoof-and-mouth disease, mad cow disease (bovine spongiform 

encephalopathy, or BSE), and avian flu are all of grave concern to the government 

because of their ability to destroy the entire farm industry and/or cause enormous loss 

of human life. 

On top of animal health, food safety and bio-security concerns, animal welfare has 

become a significant public issue, as demonstrated by the recent passage of 

Proposition 2 which prohibits the confinement of certain farm animals in a manner that 

does not allow them to turn around freely, lie down, stand up, and fully extend their 

limbs. While in the past, product boycotts and bad publicity were the main threats 

linked to animal welfare issues, the passage of laws such as Proposition 2 brings the 

additional possibility of litigation that can put farmers out of business. 

It is therefore critical for farmers to have the flexibility to decide the kind of mitigation 

measures that will work best for their specific operation by taking into consideration 

animal health and welfare, productivity, food safety and overall bio-security issues, while 

at the same time achieving the required level of emission control. For instance, some 

dairy farmers have pointed out that high moisture levels in animal pens increase cases 

of mastitis infections in their herds. In such cases, it would be unfair to compel farmers 

to implement mitigation measures that increase moisture levels in their animal pens 

because of the potential harm to animal health, cost of treatment and loss of 

productivity. Instead, an option to implement another mitigation measure that achieves 

the same level of emission control should be provided. On the other hand, if certain 

mitigation measures such as housing dairy cows in completely enclosed barns were to 

be required across the board, many farmers, depending on case-by-case factors such 
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 20 Final Staff Report with Appendices 

For Proposed Re-Adoption of Rule 4570 

as the size of the operation, location, or financial resources, may find themselves 

exposed to serious animal welfare issues and devastating litigation. 

(8) Additional information on impacts: 

Co-benefits of Rule 4570: In addition to reducing VOC emissions, many of Rule 4570’s 

mitigation measures also reduce ammonia emissions. The District staff used available 

information to evaluate the potential for ammonia emission reductions from those 

mitigation measures most likely to be used by operators. Based on its assessment, 

District staff estimated that ammonia emissions would be reduced by about 100 tons 

per day when Rule 4570 was fully implemented. 

The California Global Warming Solutions Act of 2006 (AB 32) created a comprehensive, 

multi-year program to reduce greenhouse gas (GHG) emissions in California, with the 

overall goal of restoring emissions to 1990 levels by the year 2020. In the coming 

years, ARB and the Legislature will be developing policies and programs to implement 

AB 32. 

GHGs, in particular methane, would be reduced by about 200 tons per day with the 

implementation of Proposed Rule 4570. Metric tons of carbon dioxide (CO2) 

equivalents is the standard measure for GHGs. Methane has about 25 times the global 

warming potential of CO2, meaning that the methane reductions have far more impact 

than the emission reduction alone would indicate. Using the global-warming calculator 

on EPA’s website (www.epa.gov/solar/energy-resources/calculator.html), 200 tons per 

day of methane reductions equates to 3,810 metric tons per day of CO2 equivalents. 

VII. EMISSIONS AND EMISSION REDUCTIONS 

The 2006 Final Staff Report for Rule 4570 contains the emissions calculations and 

estimates of the emission reductions associated with implementing Rule 4570 on pages 

C-71 through C-94 of this staff report. 

VIII. COSTS, AND COST EFFECTIVENSS ANALYSIS 

Pursuant to CH&SC Section 40920.6(a), a cost effectiveness analysis is required for rules 

that implement best available retrofit control technology (BARCT). The purpose of the cost 

effectiveness analysis is to evaluate the economic reasonableness of the rule or rule 

amendments. The analysis also serves as a guideline for developing the control 

requirements of the rule. The 2006 Final Staff Report for Rule 4570 contains the 

compliance costs and associated cost effectiveness for implementing Rule 4570 on 

pages C-95 through C-104 of this staff report. 
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For Proposed Re-Adoption of Rule 4570 

IX. SOCIOECONOMIC IMPACT ANALYSIS 

Pursuant to CH&SC 40728.5, the District is required to perform a socioeconomic impact 

analysis prior to the adoption, amendment, or repeal of a rule that significantly affects 

air quality or strengthens an emission limitation. The 2006 Final Staff Report for Rule 

4570 contains the socioeconomic impact analysis for implementing Rule 4570 on pages 

C-105 through C-142. 

X. RULE CONSISTENCY ANALYSIS 

Prior to adopting, amending, or repealing a rule or regulation that implements best 

available retrofit technology (BARCT), California Health and Safety Code Section 

40727.2 requires a written analysis that identifies and compares requirements of the 

proposed rule with corresponding, existing and proposed District rules and 

corresponding United States Environmental Protection Agency (EPA) rules, regulations, 

and guidelines. The proposed rule has already been in analyzed during its initial 

adoption. Since District staff recommends that the rule be re-adopted with no change in 

requirements from the original adoption, the rule consistency analysis done in 2006 is still 

applicable. The 2006 rule consistency analysis is contained in pages C-143 through C148 of this staff report. 
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