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APPENDIX E

RULE CONSISTENCY ANALYSIS FOR RULE 4565

(BIOSOLIDS, ANIMAL MANURE, AND POULTRY LITTER 

OPERATIONS)

March 30, 2007
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RULE CONSISTENCY ANALYSIS FOR RULE 4565

I. REQUIREMENTS FOR RULE CONSISTENCY ANALYSIS

Pursuant to Section 40727.2 of the California Health and Safety Code, prior to adopting, 

amending of a rule or regulation, the District is required to perform a written analysis 

that identifies and compares the air pollution control elements of Rule 4565 with the 

corresponding elements of existing or proposed District and EPA regulations and 

guidelines that apply to the affected source category. The elements that were analyzed 

are mitigation measures, monitoring and testing, and recordkeeping and reporting 

requirements. Staff found that facilities could comply with Rule 4565 and all existing 

District Rules. Furthermore, staff found that none of the requirements of Rule 4565 

would conflict with local, state, or federal rules, regulations, or policies. The analysis is 

discussed below.

II. RESULTS OF ANALYSIS

It is important to mention that in cases where one agency's rules are more stringent 

than another agency's rules, affected source operators are obligated to comply with the 

most stringent of the regulatory requirements. 

A. Local Rules, Regulations, and Policies

 The Counties of San Joaquin, Tulare, and Stanislaus ban land application of 

most biosolids.

 Madera County has significant regulations than make most land application of 

biosolids infeasible.

 Fresno, Kings, and Kern Counties ban land application of Class B biosolids.

 Many facilities are subject to local conditional use permits.

None of these local requirements conflict with the provisions of Rule 4565. Rule 4565 

does not authorize land application of biosolids, it merely regulates those operations 

which have been approved by the authority having jurisdicition. 

B. District Rules

Rule 4565 would apply to facilities that manage biosolids, animal manure, and poultry 

litter. Stationary sources subject to Rule 4565 are subject to the following District rules:

 Rule 2010 (Permit Requirements) requires permits for new and modified 

facilities. 
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 Rule 2201 (New Source Review) requires best available control technology to be 

implemented at new and modified facilities that have the potential to emit over 

2.0 lb per day. 

 Rule 4101 (Visible Emission) prohibits discharge of air contaminants for more 

than three (3) minutes per hour that are designated as equal to or darker than 

No. 1 on the Ringelmann Chart. 

 Rule 4102 (Nuisance) prohibits discharge of air contaminants that causes a 

public nuisance. 

 Rule 4570 (Confined Animal Facilities) limits VOC emissions from confined 

animal facilities, including emissions from animal manure and poultry litter 

generated at these facilities.

 Rule 4642 (Solid Waste Disposal Sites) sets emission limits for facilities with gas 

collection systems and requires control of emissions during excavation of solid 

waste and during maintenance of gas collection systems.

In reviewing these rules, District staff has determined that no provision of any of the 

rules listed above duplicates or conflicts with the provisions of Rule 4565.

C. California Rules, Regulations, and Policies

1. California Public Resources Code Division 30 Sections 41780-41786 

These sections require cities and counties to divert at least 50% of their waste from 

landfills. Nothing in Rule 4565 precludes these entities from meeting this state 

mandate.

2. California Code of Regulation (CCR) Title 14, Division 7, Chapter 3.1

This chapter requires some facilities to obtain a permit or register with the California 

Integrated Waste Management Board and have an odor minimization plan. The 

provisions of Rule 4565 do not conflict with these requirements.

D. Federal EPA Rules, Regulations, and Policies

1. Code of Federal Regulations Title 40, Parts 240-282 (40 CFR Parts 240-282)

These regulations prohibit open dumping, requires conservation of energy and natural 

resources when handing waste, the reduction of waste volume, and the use of sound 

waste management practices. Nothing in Rule 4565 would preclude any of these 

requirements.
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2. 40 CFR Parts 122-125

These regulations require facilities to minimize discharge of pollutions into water, to the 

extent feasible. Nothing in Rule 4565 would affect the discharge of pollutants to water.

3. 40 CFR Part 503

This regulation requires certain facilities to maintain temperatures in windrow compost 

piles of at least 55 degrees Celsius for at least fifteen (15) days and to turn the 

windrows at least five (5) times during the fifteen (15) days. It also requires certain 

facilities to maintain temperatures in aerated static piles of at least 55 degrees Celsius 

for at least three (3) days. The provisions of Rule 4565 do not conflict with this part of 

the CFR.

4. EPA Control Techniques Guideline (CTG) Document 

There is no EPA CTG for landfill, land application, composting, or co-composting of 

biosolids, animal manure, or poultry litter.

5. EPA Policy on Recordkeeping

The recordkeeping requirement in Section 6.0 of Rule 4565 is consistent with EPA’s 

policy to keep and maintain records for at least five years.

III. CONCLUSION

Based on analysis of local, District, state, and federal rules that apply to the sources 

that would be affected by Rule 4565 (Biosolids, Animal Manure, and Poultry Litter 

Operations), District staff has concluded that no provisions of Rule 4565 conflict with 

requirements of local, District, state, or federal rules, regulations, or policies for these 

facilities.