United States Environmental Protection Agency

Region IX

75 Hawthorne Street

San Francisco, CA 94105-3901

February 23, 2011

Transmittal of EPA Rule Review Comments

To: Jong Hoon Lee, South Coast Air Quality Management District

jhlee@aqmd.gov

Mike Guzzetta, California Air Resources Board

mguzzett@arb.ca.gov

From: Andrew Steckel, Rulemaking Office Chief

steckel.andrew@epa.gov

Re: South Coast AQMD Proposed Amended Rule 1133.1 (Chipping and Grinding) and Proposed 

Rule 1133.3 (Greenwaste Composting), January 25, 2011

We are providing comments based on our preliminary review of the draft amended rule and the draft rule 

identified above. Please direct any questions about our comments to me at (415) 947-4115 or to Nancy 

Levin at (415) 972-3848.

Proposed Amended Rule 1133.1

Specific Provisions

(c) – The proposed amended rule distinguishes between operators that do not produce finished compost 

[(d)(1)] and that do produce finished compost [(d)(2)]. We suggest adding a definition of the undefined 

term “finished compost.”

(d)(1)(E)(iii) –This section allows the AQMD to approve an alternate mitigation measure. National policy 

discourages SIP provisions that allow AQMD discretion to independently modify SIP requirements (e.g., 

CAA Section 110(i), the Little Bluebook and 52 FR 45109, 11/24/87). EPA recommends that the 

discretion be further limited by specifying the procedures that will be used to verify compliance with this 

section or by specifying that alternative mitigation measures will be based on a test protocol that is 

approved SCAQMD, CARB and EPA. 

(d)(3) – This section calls for maintaining records on-site for two years. To improve enforceability and 

greater consistency with Title V requirements, EPA recommends requiring that operators maintain these 

records for five years. 

(e) – While paragraphs (d)(3)(E) and (e) contain moisture content measurement requirements, it is not 

clear why these requirements are needed except to exempt sources pursuant to paragraph (f)(3). Please 

clarify whether there are additional instances that moisture content measurements are needed. If the 

requirements only pertain to exempt sources pursuant to paragraph (f)(3), please modify (d)(3)(E) to 

reflect this. Also, please clarify the frequency and time during the composting cycle when composting 

measurements will be taken. Finally, please indicate in the rule the version, by year, of ASTM methods 

D4442 and D4444 that are cited in this section, and how the district would handle a situation where the 

two moisture content test methods produce different results. 
Proposed Rule 1133.3

General Comment

We recommend that the environmental impact analysis for this rule include consideration of: 1) 

groundwater impacts where sprinkler irrigation is used; and 2) NOx and PM emissions that result from 

control measures.

Specific Provisions

(c) – We suggest adding a definition for the undefined term “finished compost.” 

(c)(7) – Please remove or better justify the 40-day limits in the definition of curing composting. California, 

for example, defines curing composting only by pathogen reduction, as described in section 17868.3, and 

after most of the readily metabolized material has been decomposed and stabilized. See CCR Title 14 

Section 17852(a)(13).

(c)(9) – This section states that foodwaste mixed with greenwaste is considered foodwaste. This seems to 

conflict with the meaning of foodwaste in (d)(1) and (d)(2). For example, if any mixture of greenwaste and 

foodwaste is considered foodwaste as indicated in (c)(9), then theoretically, “10% foodwaste, by weight” in 

(d)(1) and/or (d)(2) could contain up to 99% greenwaste. It may be helpful to distinguish between 

foodwaste (as defined in this section) and waste from food material.

(c)(24) Please consider clarifying the term “periodic basis.” Also, per California state law, it would appear 

that the minimum turns needed during the composting cycle is five. Please consider including this 

requirement in the rule.

(d)(1) and (2) – Please see comment on (c)(9) regarding the definition of foodwaste, and the apparent 

inconsistency in meaning of the term foodwaste in this section as compared to (c)(9).

(d)(1)(D) – Please specify in the rule the specific temperature parameters that will be used. 

(d)(1)(K) – This section allows the AQMD to approve an alternate mitigation measure. National policy 

discourages SIP provisions that allow AQMD discretion to independently modify SIP requirements (e.g., 

CAA Section 110(i), the Little Bluebook and 52 FR 45109, 11/24/87). EPA recommends that the 

discretion be further limited by specifying the procedures that will be used to verify compliance with this 

section or by specifying that alternative mitigation measures will be based on a test protocol that is 

approved SCAQMD, CARB and EPA. 

(d)(2)(G) – Please clarify the basis for source testing every two years in lieu of more frequent testing that is 

required of many other sources.

(e)(1) – Please clarify whether Attachment A of Rule 1133.2 is to be included in the SIP. We believe it is 

appropriate to include this attachment in Rule 1133.3.

(e)(3)(J) and (I) – Please list the applicable dates of these TMECC test methods. Please clarify the number 

of replicate samples needed for these test methods. We recommend averaging the results of three 

samples.

(f) – This section calls for maintaining records on-site for two years. To improve enforceability and greater 

consistency with Title V requirements, EPA recommends requiring that operators maintain these records 

for five years. 

(g)(3)(A) – Please consider adding size thresholds to these exemptions. It may be appropriate to apply 
some or all of Rule 1133.3 to facilities addressed here that are very large.