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Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 1 RULE 11.2 CONFINED ANIMAL FACILITIES PERMIT PROGRAM

ADOPTEDJune 14, 2006

INDEX

100 GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS

200 DEFINITIONS 201 AIR CONTAMINANT 202 AIR POLLUTION CONTROL OFFICER (APCO) 203 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) 204 BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY (BARCT) 205 COMPLIANCE CERTIFICATION STATEMENT 206 CONFINED ANIMAL FACILITY (CAF) 207 CONFINED ANIMAL FACILITY (CAF) PERMIT 208 CORRECTION STATEMENT 209 DEVIATION STATEMENT 210 EXISTING CONFINED ANIMAL FACILITY 211 LARGE CONFINED ANIMAL FACILITY 212 MODIFIED CONFINED ANIMAL FACILITY 213 NEW CONFINED ANIMAL FACILITY

300 STANDARDS 301 CAF PERMIT 302 CAF MODIFICATION 303 STANDARDS FOR GRANTING APPLICATIONS 304 CAF PERMIT TRANSFER 305 EXISTING CAF 306 BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY 307 BEST AVAILABLE CONTROL TECHNOLOGY 308 MITIGATION PLAN 309 OPERATION ACCORDING TO THE CAF PERMIT CONDITIONS

400 ADMINISTRATIVE REQUIREMENTS 401 CAF PERMIT APPLICATIONS 402 APPLICATION REQUIREMENTS 403 INFORMATION 404 COMPLETENESS REVIEW 405 APPLICATION PROCESSING 406 PUBLIC NOTIFICATION 407 CONDITIONAL APPROVAL 408 PERMIT REOPENING 409 DENIAL OF APPLICATIONS 410 APPEALS 411 RIGHT OF ENTRYYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 2 412 TERM OF CAF PERMIT 413 CAF PERMIT RENEWAL

500 MONITORING AND RECORDS 501 NUMBER OF ANIMALS 502 NUMBER OF ANIMALS - EXEMPTION DEMONSTRATION 503 REPORTING

600 FEES 601 CAF PERMIT PROCESSING FEE 602 CAF PERMIT TRANSFER FEE 603 ANNUAL CAF PERMIT FEE 604 NOTIFICATION OF FEES DUEYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 3 100 GENERAL

101 PURPOSE: T he purpose of this Rule is to implement the requirements of Section 40724.6 of the California Health and Safety Code.

102 APPLICABILITY: The provisions of this Rule shall apply to any Confined Animal Facility (CAF).

103 EXEMPTIONS:

103.1 Except for the requirements of Section 502 of

this Rule, the provisions o f this Rule shall not apply to a Confined Animal Facility which does not meet the definiti o n o f a Large Confined Animal Facility as defined in Section 211 of this Rule.

103.2 The provisions of this Rule shall not apply to

a Confined Animal Facility subject to the requirements of District Rule 3.8 - FEDERAL OPERATING PERMITS.

200 DEFINITIONS

201 AI R

CONTA

MI N A NT: A s defined in District Rule 1.1, excluding odors.

202 AIR POLLUTION CONTROL OFFICER (APCO): The Air Pollution Control Officer of the Yolo-Solano Air Quality Management District, or his or her designee.

203 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): As defined in District Rule 3.4.

204 BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY (BARCT): An emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts.

205 COMPLIANCE CERTIFICATION STATEMENT: A statement which includes the following:

a. A list of each CAF Permit term or condition (e.g., mitigation measure, emission limitation, standard, or work practice); b. The compl i a n c e status for each CAF Permit term or condition, which includes whether compliance was continuous or intermittent, and method(s) used to determine compliance for the current time periodYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 4

and over the entire reporting period;

c. A stat e m e n t by the CAF Permit Holder that the information provided in the compliance certification statement is true, accurate, and complete; d. The CAF owne r o r operator’s printed name and signature.

206 CONFINED ANIMAL FACILITY (CAF): A facility where animals are corralled, penned, or otherwise caused to remain in restricted areas for commercial purposes and primarily fed by means other than grazing.

207 CONFINED ANIMAL FACILITY (CAF) PERMIT: Permit issued to a CAF pursuant to the provisions of this Rule.

208 CORRECTION STATEMENT: A statement which includes the following:

a. Description of the action ta ken to correct the deviation; b. The date the corrective action was completed;

c
. A s t a t e m e n t b y t h e C A F P e r m i t H o l d e r t h at the information provided in the correction statement is true, accurate, and complete; d. The CAF owner or o p e rator’s printed name and signature.

209 DEVIATION STATEMENT: A statement which includes the following:

a. Description of the d e v i ation from the CAF Permit terms and conditions; b. The date the deviation occurred;

c. The probable cause of the deviation; d. A compliance schedule to outline the course of action to be taken by the CAF Permit Hold e r tocorrect the deviation, including an estimated timeframe to complete the corrective action;

e. A statement by the CAF Permit Holder t h a t the information provided in the deviation statement is true, accurate, and complete; f. The CAF owner or operator’s pri n t e dname and signature.

210 EXISTING CONFINED ANIMAL FACILITY: A CAF which is subject to the requirements of this Rule upon Rule adoption.

211 LARGE CONFINED ANIMAL FACILITY: A CAF which exceeds any threshold listed in the table below:Yol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 5

Livestock Category Threshold
Dairy 1,000 milking cows

Beef Cattle 3,500 beef cattle

Other Cattle 7,500 calves, heifers, or other cattle
Turkeys 100,000 head

Chickens 650,000 head

Swine 3,000 head

Sheep, lambs, or goats 15,000 head of

sheep, lamb, goats, or any combination of the three

Horses 2,500 head

Ducks 650,000 head
Any other livestock not listed above 30,000 head

212 MODIFIED CONFINED ANIMAL FACILITY: A CAF that changes the design, capacit y , p r ocess, or arrangement of the CAF which will increase or affect the kind or amount of air contaminants emitted from the CAF.

213 NEW CONFINED ANIMAL FACILITY: A CAF which becomes subject to the requirements of this Rule after the date of Rule adoption.

300 STANDARDS

301 CAF PERMIT: No person shall operate a CAF without first obtaining a CAF Permit from the APCO.

302 CAFMODIFICATION: No person shall alter a CAF without following the application procedures outlined in Section 402.2 of this Rule.

303 STANDARDS FOR GRANTING APPLICATIONS:

303.1 The APCO shall deny any application for a CAF

Permit if the applicant does not show that theYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 6 CAF is so designed, controlled, equipped, or operated with such air pollution control equipment, that it may be sho w n t o operate without emitting or without causing to be emitted any air contaminant in violation of these Rules and Regulations, or any stat e or federal statutes or regulations that may be enforceable by the APCO.

303.2 The APCO shall determine that an applicant has

complied with the applicable requirements of Health and Safety Code Section 42301.6, preparation and distribution of public notice, prior to approving an a p p l ication for a CAF Permit.

304 CAF PERMIT TRANSFER

304.1 A CAF Permit shall not be tr a n s f e rable, by

operation of law or otherwise, from one location to another.

304.2 A CAF Permit may be transferred fromt h e CAF

Permit Holder to another entity provided that an application for such transfer is submitted in accordance with Section 402.4 of this Rule. It shall be the transferee’s responsibility to inform the District on assumption of ownership or operating control of the CAF.

305 EXISTING CAF: An existing CAF that complies wi t h the application procedures outlined in Section 402.1 of this Rule, and for which the District grants a C A F Permit, shall implement all emission control measures required by the CAF Permit within one (1) year of the dat e t h e C AF Permit is issued to the existing CAF.

306 BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY: The APCO shall require the use of Best Available Retrofit Control Technology to reduce emissions from pollutants that contribute t o the nonattainment of any ambient air quality standard, within the regulatory authority of the APCO, for any CAF.

307 BEST AVAILABLE CONTROL TECHNOLOGY: The APCO shall require the use of Best Available Control Techno l o g y to reduce emissions from pollutants that contribute to the nonattainment of any ambient air quality standard, withinYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 7

the regulatory authority of the APCO, for any new CAF or modified CAF.

308 MITIGATION PLAN: All applications submitted pursuant to this Rule shall include an emissions m i t i gation plan. The emissions mitigation plan shall demonstrate that the facility will comply with Section 306 or Section 307 of this Rule, as applicable.

309 OPERATION ACCORDING TO THE CAFPERMIT CONDITIONS: No person shall operate a CAF contrary to the terms and conditions specified on the CAF Permit issued in accordance with the provisions of this Rule.

400 ADMINISTRATIVE REQUIREMENTS

401 CAF PERMIT APPLICATIONS: Requests for a CAF Permit shall be initiated by filing a standard CAF Permit application with t h e A P C Ot o g e t h e rw i t ht h e i n i t i a l f i l i n gf ee required by Section 601 of this Rule.

402 APPLICATION REQUIREMENTS:

402.1 EXISTING CAF: The owner or operator of an

existing CAF shall submit a standard CAF Permit application no later than six (6) months after the date of rule adoption.

402.2 MODIFICATION TO CAF PERMIT: Applications for

modification to a CAF Permit shall be submitted prior to altering the CAF. The CAF shall not be o p erated contrary to the terms and conditions specified in the existing CAF Permit p r i o r to APCO issuance of the new CAF Permit.

402.3 CAF PERMIT RENEWAL: F o r r e n e w a l o f aCAF

Permit, granted pursuant to this Rule, the CAF Permit Holder shall submit a standard CAF Permit application no earlier than twelve (12) months and no later than six (6) months before the expiration date of the current CAF Permit.

402.4 TRA

N SFER OF OWNERSHIP: Applications to transfer a CAF Permit shall be submitted within thirty (30) days of the ownership change occurring. Operation of the CAF by the new owner shall be under the terms andYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 8 conditi o n s o f the CAF Permit issued to the previous owner unt i l t h e new CAF Permit is issued.

403 INFORMATION:

403.1 The application for a CAF Permit shall contain

all information necessary to enable the APCO to prepare an emissions inventory of all regulated air pollutants emitted from the CAF.

403.2 The application for a CAF Permit shall contain

all information necessary to enable the APCO to make a determination as required by Section 303 of this Rule.

4 0 3

. 3 T h e A P C O m a y a t a n y t i m e r e q u i r e from an

applicant for, hold e r of, or one required to hold, a CAF Permit such information, analysis, plans, or specifications as will disclose the nature, extent, quantity, or degree of air contaminants which are or may be discharged into the atmosphere.

404 COMPLETENESS REVIEW: The APCO shall determine if an application for a CAF Permit, submitted pursuant to Sec t i o n s 4 0 1 , 4 0 2

. 1 , 4 0 2

. 2 , a n d4 0 2

. 3 o ft h i s Ru l e , is complete and shall n o t i fy the applicant of the determination not later than thirty (30) days of receiving the application, or after such longer time as both the applicant and APCO have agreed upon in writing. If the APCO determines that the a p p l i cation is not complete, the applicant shall be notified in writing of the decision, specifying the information required. Upon receipt of any re-submittal of the applic a t i on, a new thirty (30) day period to determine complete n ess shall begin.

405 APPLI CATION PROCESSING: The APCO shall act upon an

a pplication for a CAF Permit, submitted pursuant to Sections 401, 402.1, 402.2, and 402.3 of t h i s Rule, no later than six (6) months after acceptanc e of an application as complete.

406 PUBLIC NOTIFICATION:

406.1 Within the applicable time-frame specified in

Sectio n 405 of this Rule, the APCO shallYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 9 provide at least 30 da y s for the notice of, and opportunity to review and comment on, any proposed decision to issue a CAF Permit pursuant to this Rule, except CAF Permit Transfers.

406.2 The APCO shall provide written notice, the

proposed CAF Permit, and, upon request, copies of the District analysis to interested persons and agencies. Interested persons or agencies shall include persons who have requested in writing to be notified of proposed decisions pursuant to this Rule.

407 CONDITIONAL APPROVAL: The APCO may include written conditi o n s o n any CAF Permit to ensure compliance with these Rules and Regulations.

408 PERMIT REOPENING: The APCO may r eopen and revise a CAF Permit under the following circumstances:

408.1 To correct a material mistake or an inaccurate

statement; or

408.2 To incorporate any new, revised, or additional

applicable requirements.

409 DENIAL OF APPLICATIONS: In the event of denial of an application submitted pursuant to this Rule, t h e APCO sha l l n o t i f yt h e a p p l i c a n t i nw r i t i n go ft h e b a s i s f or denial.

410 APPEALS: Within thirty (30) days after notice by the APCO of d e n i a l o ra p p r o v a l o fa na p p l i c a t i o ns u b m i t ted pursuant to this Rule, the applicant may petiti o n the Hearing Board, in accordance with District Rule 5.1, for a public hearing. The Hearing Board, after notice and a public hearing, may sustain or reverse the action of the APCO; such order m a y be made subject to specified conditions.

411 RIGHT OF ENTRY: In order to ascertain that a CAF is operating under the requirements of its CAF Permit, the APCO may at any time, without notice, ins p e c t the operations and any pertinent records.

412 TER

M O FCAFPERMIT: T he term of a CAF Permit shall not exceed three (3) years from the date of issuance.Yol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 10 413 CAF PERMIT RENEWAL:

413.1 Each CAF Permit shall be renewable at the end

of the CAF Permit term pr o v i d e d that the CAF Permit Holder complies with the application procedures outlined in Section 402.3 of this Rule.

413.2 The APCO shall review e v ery CAF Permit upon

renewal to determine the feasibility of mitigation measures and that permit conditions are adequate to ensure compliance with, and the enforceability of, District Rules and Regulations applicable to the CAF for which the permit was issued. Applicable District Rules and Regulations shall include those which were in effect at the time when the CAF Permit was issued o r modified, or which have b e e ns u b s e q u e n t l ya d o p t e da n dm ade retroactively applicable to a CAF by the Di s trict Board of Directors. The APCO shall revise the conditions, if such conditions are not consistent, in accordance with all applicable Rules and Regulations.

500 MONITORING AND RECORDS

501 NUMBER OF ANIMALS: The owner or operator of a CAF shall keep records that specify t he number of animals maintained daily. Such records shall be maintained at a central place of business for a period of not less than three (3) years and shall be made available to the APCO or their designee upon request.

502 NUMBER OF ANIMALS - EXEMPTION DEMONSTRATION: For any CAF which exceeds 50 percent of any Large CAF threshold listed in Section 211 of this Rule claiming an exemption pursuant to Section 103.1 of this Rule, the owner or operator shall maintain records demonstrating that the CAF meets the exemption criteria of this Rule. Such records shall be maintaine d a t a central place of business for a period of not less than three (3) years and shall be made available to the APCO or their designee upon request.

503 REPORTING:

503.1 DEVIATION STATEMENT: The CAF Permit HolderYol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 11 shall report any deviation from the CAF Permit terms and conditions through a deviation statement. A deviation statement shall be submitted to the APCO as expeditiously as practical, but not l a t er than five (5) days after deviation occurrence.

503.2 CORRECTION STATEMENT: The CAF Permit Holder

shall submit to the APCO a correction statement as expeditiously as practical, but not later than five (5) days after the action was completed to correct the deviation for which a deviation report was submitted pursuant to Section 503.1 of this Rule.

503.3 COMPLIANCE CERTIFICATION STATEMENT: The CAF

Permit Holder shall submit a compliance certification statement to the APCO every twelve (12) months.

600 FEES

601 CAF PERMIT PROCESSING FEE: The fee for applications filed in accordance with Sections 401, 402.1, 402.2, and 402.3 of this Rule shall be based on the actual hours spent by District staff in evaluating the application and processing the CAF Permit. The fee shall be assessed in accordance with the tim e a n d materials labor rate established in Section 307.10 of District Rule 4.1. All applications filed in accordance with Sections 401, 402.1, 402.2, and 402.3 shall be su b m i t t ed with an initial filing fee. The initial filing fee shall be equal to two (2) hours at the time and materials labor rate established in Section 307.10 of District Rule 4.1. Application filing fees cannot be refunded or applied to any other application.

602 CAF PERMIT TRANSFER FEE: A fee equal to two (2) hours at the time and materials labor rate, established in Section 307.10 of District Rule 4.1, shall be charged to process applications filed in accordance with Section 40 2 .4 of thi s Ru l e
. T h e f e e s h a l l b e s u b m i t t e d a t t h e t i m e of application.

603 ANNUAL CAF PERMIT FEE: An annual fee shall be charged to CAF Permit Holders in accordance with the requirements of Section 500 of District Rule 3.8.Yol o-S ola no AQM D

Ado pte d J une 14 , 2 006 Reg. XI, Rule 11.2, Page 12 604 NOTIFICATION OF FEES DUE: The CAF Permit Holder will be notified by mail of fees due and payable and the date the fees are due. If the fees are not paid by the specified due date, the District shall assess a penalty of not more than 50 percent of the fees due, but in an amount sufficient, in the District’s determination, to pay the District’s additional expenses incurred by the CAF Permit Holder’s non-compliance. If the fees or penalty are not paid within thirty (30) days after notice, the CAF Permit will be cancelled and the CAF Permit H o lder will be notified by mail.