Yolo-Solano AQMD

Adopted June 14, 2006 Reg. XI, Rule 11.2, Page 1

RULE 11.2 CONFINED ANIMAL FACILITIES PERMIT PROGRAM

ADOPTED June 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 ENTRY
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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 DUE
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100 GENERAL

101 PURPOSE: The 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 of this Rule shall

not apply to a Confined Animal Facility which

does not meet the definition of 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 AIR CONTAMINANT: As 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 compliance 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 period
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and over the entire reporting period;

c. A statement by the CAF Permit Holder that the

information provided in the compliance

certification statement is true, accurate, and

complete;

d. The CAF owner or 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 taken to correct the

deviation;

b. The date the corrective action was completed;

c. A statement by the CAF Permit Holder that the

information provided in the correction statement is

true, accurate, and complete;

d. The CAF owner or operator’s printed name and

signature.

209 DEVIATION STATEMENT: A statement which includes the

following:

a. Description of the deviation 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 Holder to

correct the deviation, including an estimated timeframe to complete the corrective action;

e. A statement by the CAF Permit Holder that the

information provided in the deviation statement is

true, accurate, and complete;

f. The CAF owner or operator’s printed name 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:
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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, capacity, process, 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 CAF MODIFICATION: 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 the
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CAF is so designed, controlled, equipped, or

operated with such air pollution control

equipment, that it may be shown to operate

without emitting or without causing to be

emitted any air contaminant in violation of

these Rules and Regulations, or any state 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 application for a CAF

Permit.

304 CAF PERMIT TRANSFER

304.1 A CAF Permit shall not be transferable, by

operation of law or otherwise, from one

location to another.

304.2 A CAF Permit may be transferred from the 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 with the

application procedures outlined in Section 402.1 of this

Rule, and for which the District grants a CAF Permit,

shall implement all emission control measures required by

the CAF Permit within one (1) year of the date the CAF

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 to 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 Technology to reduce

emissions from pollutants that contribute to the

nonattainment of any ambient air quality standard, within
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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 mitigation 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 CAF PERMIT 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 the APCO together with the initial filing fee

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 operated contrary to the terms

and conditions specified in the existing CAF

Permit prior to APCO issuance of the new CAF

Permit.

402.3 CAF PERMIT RENEWAL: For renewal of a CAF

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 TRANSFER 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 and
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Adopted June 14, 2006 Reg. XI, Rule 11.2, Page 8

conditions of the CAF Permit issued to the

previous owner until the 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.

403.3 The APCO may at any time require from an

applicant for, holder 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

Sections 401, 402.1, 402.2, and 402.3 of this Rule, is

complete and shall notify 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 application 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 application, a new

thirty (30) day period to determine completeness shall

begin.

405 APPLICATION PROCESSING: The APCO shall act upon an

application for a CAF Permit, submitted pursuant to

Sections 401, 402.1, 402.2, and 402.3 of this Rule, no

later than six (6) months after acceptance of an

application as complete.

406 PUBLIC NOTIFICATION:

406.1 Within the applicable time-frame specified in

Section 405 of this Rule, the APCO shall
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provide at least 30 days 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

conditions on any CAF Permit to ensure compliance with

these Rules and Regulations.

408 PERMIT REOPENING: The APCO may reopen 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, the APCO

shall notify the applicant in writing of the basis for

denial.

410 APPEALS: Within thirty (30) days after notice by the APCO

of denial or approval of an application submitted

pursuant to this Rule, the applicant may petition 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 may 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, inspect the

operations and any pertinent records.

412 TERM OF CAF PERMIT: The term of a CAF Permit shall not

exceed three (3) years from the date of issuance.
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413 CAF PERMIT RENEWAL:

413.1 Each CAF Permit shall be renewable at the end

of the CAF Permit term provided that the CAF

Permit Holder complies with the application

procedures outlined in Section 402.3 of this

Rule.

413.2 The APCO shall review every 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 or modified, or which have

been subsequently adopted and made

retroactively applicable to a CAF by the

District 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 the 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 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.

503 REPORTING:

503.1 DEVIATION STATEMENT: The CAF Permit Holder
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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 later 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 time and 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 submitted 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 402.4 of

this Rule. The fee shall be submitted at the time 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.
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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 Holder will be

notified by mail.