### UNITED STATES ENVIRONMEN TAL PROTECTION AGENCY

REGION IX

AIR DIVISION

Technical Support Document

for EPA's Proposed Rulemaking

for the California State Implementation Plan

Great Basin Unified Air Pollution Control District

Rule 502 Conservation Management Practices, and List of Conservation Management Pr actices for Agricultural Operations

Prepared by: Nancy Levin May 14, 20142 

### Agency:

Great Basin Unified Air Po llution Control District



### Subject of this TSD: Rule 502 Conservation Management Practices ; Adopted July 7, 2005; Submitted October 20,

2005.

List of Conservation Management Practices fo r Agricultural Operations ; Adopted July 7, 2005; Submitted October 20, 2005, revised December 2011, re-submitted May 9, 2014.



### RULE SUMMARY Rule 502 contains requirements to limit fugitive dust emissions from agricultural operation sites. This rule establishes a Conservation Manage ment Practice (CMP) Pr ogram that requires owners/operators of agricultura l operation sites to select and implement CMPs from a list prepared by the Great Basin Unified Air Pollu tion Control District (GBUAPCD). Each owner/operator, unless exempted, is required to submit a CMP Application to the Air Pollution Control Officer (APCO) for approval as the CMP Plan. The application must include specified information about the agricultura l operation site, the CMPs sele cted for implementation on each parcel within the site, and a description of the practice(s) chosen. Agricultural operations providing grazing on open rangela nd or pasture are exempt.

The program requirements are phased in over three years: Owens Valley (October 1, 2005); Mammoth Lakes, Mono Basin and Coso Junction (October 1, 2006); and all other areas in the Great Basin (October 1, 2007).

BACKGROUND Rule 502 was adopted as one of several rule re visions and new rules developed in response to

California Senate Bill 700. Other GBUAPCD revi sions and rules adopted at the same time as Rule 502 removed the exemption for agricu ltural operations (R ule 216, Rule 405) and

established a fee structure for implementing Rule 502 (Rule 307).

Rule 502 is based on the San Joaquin Valley Ai r Pollution Control District (SJVAPCD) Rule 4550, which was adopted on May 20, 2004 and approve d by EPA into the State Implementation Plan (SIP) on February 14, 2006 (71 FR 7683).

The GBUAPCD CMP List (CMP List ), entitled “List of Conserva tion Management Practices for Agricultural Operations Includi ng Best Available Control Measur es (BACM) and Best Available Retrofit Control Technology (BARCT) for Agricultu ral Practices” (Staff Report Attachment C; July 7, 2005) was adapted from the Californi a Air Pollution Control Officers Association (CAPCOA) Agricultural Sources Cleari nghouse of Air Pollution Reduction Methods http://www.capcoa.org/ag-clearinghouse/ . The CMP list is not the same as, but similar to, that which was adopted in SJVUACPD Rule 4550. It was updated in December 2011.

EPA EVALUATION The Great Basin Valleys planning area contains one serious nonatta inment area (Owens Valley), two moderate nonattainment areas (Mammoth Lake s and Mono Basin), and one attainment area3 (Coso Junction) for the National Ambient Air Qu ality Standard (NAAQS) for coarse particulate matter (PM-10).

Owens Valley: The Owens Valley area is a serious nonattainment area for PM-10. 40 CFR 81.305. Pursuant to §§189(b)(l)(B) and (b)(2) of the Clean Air Act (CAA), serious PM-10 nonattainment areas must implement best ava ilable control measures (BACM). EPA fully approved California’s serious area plan for the PM-10 NAAQS in Owens Valley, including the related BACM demonstration, on September 3, 1999 (64 FR 48305).

While the State’s submittal to EPA does not contain an explicit discussion of significant sources, the emissions inventory and other statements in the SIP generally indicate th at agriculture is a de minimis (insignificant) source of PM-10 emi ssions. The emissions inventory shows that agriculture has an emission poten tial of less than 1 ton per ye ar out of 85.6 thousand tons per year of total estimated PM-10 emissions. Th e estimated emission potential for unpaved roads (including non-agricultural roads) is 84 tons per year. (Chapter 4: Emissions Inventory, Figure 4.1; 2008 Owens Valley PM10 Planning Area De monstration of Attainment State Implementation Plan, January 28, 2008). Given it appears that agricultu ral operations do not contribute significantly to ambient PM-10 levels in the area, EPA is not at this time evaluating Rule 502 for compliance with BACM for PM-10.

Mammoth Lakes and Mono Basin: Mammoth Lakes and Mono Basin areas are moderate nonattainment areas for PM-10 ( 40 CFR 81.305) and are therefore s ubject to the requirement to implement Reasonably Available Control Measures (RACM) for existing sources. CAA §189(a). EPA is not at this time evaluating Rule 502 fo r compliance with RACM for PM-10 and will do so in separate rulemaking actions, as appropriate.

Mammoth Lakes: The Mammoth Lakes emissions inve ntory does not list ag riculture as a PM-10 source category. (Section 3 – Emissions Invent ory 3-7, Air Quality Management Plan for the Town of Mammoth Lakes (November 30, 1990)). The predominant emissions in Mammoth Lakes are re-suspended road dirt/cinders from paved roads, wood stoves, fireplaces, motor vehicles, and industrial sources.

Mono Basin: The primary source of PM-10 em issions is from lake shore windblown dust resulting from erosion of salt deposits and exposed soils and sediments. (Section 4 – Emissions Inventory, Mono Basin PM -10 SIP, May 1995).

Coso Junction: EPA re-designated Coso Juncti on as attainment for the PM-10 NAAQS in 2010. 75 FR 54031. Accordingly, the GBUAPCD is not currently subject to the requirements to implement BACM or RACM for PM-10 in this area.



### Criteria

We have evaluated Rule 502 in accord ance with the following criteria:

 Enforceability: Rule 502 contains a requireme nt for control measures, a requirement for submission of a CMP Application to the AP CO, a schedule for implementation of the CMP Plan, and recordkeeping requirements. The rule states that an owner/operator shall4 select and implement one (1) CMP from the CMP list for each of the applicable CMP categories for each agricultural parcel of an agricultural operation site (Section 6.2). The applicable CMP categories and CMPs are cl early described, with one exception noted

below in recommendation #7. We believe that GBUAPCD’s regulation can be enforced consistent with the requirements of CAA § 110(a).

 SIP Revisions - We have evaluated this SI P revision to determine whether it would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requ irement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIP-approved control requirement in effect before November 15, 1990 (CAA 193). There is no prio r version of GBUAPCD regulations in the SIP for agriculture, and we find that our action does not interfere with applicable requirements of CAA §110(l).



### Conclusion Rule 502 fulfils the relevant CAA requirements regarding SIP revisions and enforceability and
therefore EPA recommends full SIP approval.



### Additional Recommendations fo r the Next Rule Revision The following recommended revisions are not curre ntly the basis for rule disapproval, but are

recommended for the next time the rule is amended:

1. Section 3.8 states that “(t)he District’s list of CMPs shall constitute best available control measures (BACM) and best available re trofit control technology (BARCT) for agricultural practices at agricultural sources of air pollution in the District. The December 2011 List of Conservation Management Prac tices for Agricultural Operations (CMP List) 1 also states that it represents BACM (see cover page and page 2). We recommend removing the statements about BACM. EPA ha s not evaluated this list for BACM (CAA § 189(b)(1)) in the Great Basin Valleys.

2. We are aware that the Great Basin Valleys Air Basin has windblown dust problems.

Other California air districts with windbl own dust problems have mandatory control measures for agriculture (e.g., South Coas t Rule 403, Imperial County Rule 806). We

recommend that the GBUAPCD devel op mandatory windblown dust control requirements for agriculture.

3. Section 6.2.3.1: This paragraph states that an owner/operator must obtain the interim approval of the APCO prior to using a new CMP that is not on the CMP list. There is no explanation of what “interim approval” means. Please include an explan ation of this term.

4. Section 6.2.3.2 requires the APCO to perform an independent analysis of the proposed

CMPs. There is no schedule for the APCO to complete the independent analysis or make an approval/disapproval decision. We reco mmend including this information.

1 http://www.gbuapcd.org/farm/List OfConservationManagementPractices ForAgriculturalOperations.pdf5 5. Section 6.4.3: This paragraph states that a 

### CMP application for a modification to a CMP Plan can be "conditionally approved" within 30 days. There is no explanation of what "conditional approval" means. Please incl ude an explanation of this term.

6. We recommend that the GBUA PCD review the CMP List pe riodically to ensure that listed CMPs are still appropriate.

7. The December 2011 CMP List contains the list of CMP categor ies A-G on page 2. Categories F and G pertain to unpaved vehicle/ equipment areas with 50 or more vehicle trips per year, and less than 50 vehicle trip s per year, respectively. However, pages 8, 9, 16, and 17 include an additional threshold for average daily trips by 3 (or more) axled vehicles. The Supplemental Applications Fo rms CMP-1 and CMP-2 for categories F and G also contain 50 vehicle trips per day and th e 3 (or more) axled ve hicle thresholds, and contain an additional threshold for maximum daily trips on any day. We recommend that

the thresholds be made consistent throughout the CMP List and Supplemental Application Forms. We also recommend that the District add thresholds for 3 (or more) axled vehicles and maximum daily trips to Categories D and E (Unpaved Roads).



### EPA ACTION EPA staff recommends a full approval of Rule 502 and the CMP List pursuant to CAA
§110(k).



### ATTACHMENTS

1. Rule 502 Conservation Management Practices ; Adopted July 7, 2005; Submitted October 20, 2005.

2. List of Conservation Management Practices for Agricultural Opera tions; Adopted July 7, 2005; Submitted October 20, 2005; Revised December 2011; Re-submitted May 9, 2014.



### REFERENCES

1. The Bluebook (Issues Relating to VOC Regul ation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Li ttle Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21,2001) were used to help evaluate compliance with the CAA 31 10(a)(2)(A) requirement for enforceability.



### 2. "Fugitive Dust Background Document and Te chnical Information Document for Best Available Control Measures," EPA-45012-92-004, September 1992.



### 3. "Control Techniques for Particulate Emissions from Stationary Sources," Volume I (EPA-45013-8 11005a) and Volume 

### I1 (EPA-45013-8 1/005b), September 1982.



### 4. "Control of Open Fugitive Dust Sources," EPA-45013-88-008, September 1988.6 

### 5. "State Implementation Plans; General Preamble for the Implementation of Title I of the

Clean Air Act Amendments of 1990," (General Preamble) 57 

### FR 13498 (April 16, 1992);

57 

### FR 18070 (April 28, 1992).



### 6. "State Implementation Plans for Serious PM - 10 Nonattainment Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990," (Addendum) 59 

### FR 41998 (August 16, 1994).

7. 71 FR 7683, Revisions to the California State Implementation Plan, San Joaquin Valley

Unified Air Pollution Control Dist rict Rule 4550, February 14, 2006.

8. 73 FR 12639, Revisions to the California State Implementation Plan, South Coast Air Quality Management District Rule 403, March 10, 2008.

9. 78 FR 23677, Revisions to the California Stat e Implementation Plan, Imperial County Air Pollution Control District Rule 806, April 22, 2013.