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Revised Final Staff Report 

For Rule 4550 and Rule 3190

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

REVISED FINAL STAFF REPORT 

PROPOSED RULE 4550 (CONSERVATION MANAGEMENT PRACTICES) and 

PROPOSED RULE 3190 (CONSERVATION MANAGEMENT PRACTICES PLAN FEE) 

August 19, 2004 

Prepared by: Patia Siong, Air Quality Specialist 

 Renee DeVere, Air Quality Specialist 

 

Reviewed by: Dave Mitchell, Planning Manager 

 Donald Hunsaker, Supervising Air Quality Planner 

 Ted Strauss, Supervising Air Quality Inspector 

 Saul Gamez, Air Quality Engineer 

 Darrin Pampaian, Air Quality Engineer 

I. REASONS FOR RULE DEVELOPMENT AND IMPLEMENTATION 

The San Joaquin Valley Air Basin (SJVAB) is classified as a serious nonattainment area 

for the National Ambient Air Quality Standard (NAAQS) for PM10. The federal Clean 

Air Act requires areas designated as serious nonattainment for PM10 to implement Best 

Available Control Measure (BACM) and Best Available Control Technology (BACT) on 

all significant sources of emissions. In addition, due to the failure by the SJVAB to 

attain the NAAQS PM10 standard, the San Joaquin Valley Pollution Control District 

(District) is required to show a five percent per year reduction in PM10 or PM10 

precursors emissions starting in 2003 until attainment is reached. The District is also 

required to demonstrate attainment of the NAAQS PM10 standards at the earliest 

possible date. 

District staff has identified agricultural sources as significant sources of emissions and a 

source for PM10 emissions reductions. Agricultural sources are defined as any activity 

or portion of land associated with the commercial growing of crops or the raising of fowl 

or animals. New Rule 4550 (Conservation Management Practices) is part of the 

District’s particulate matter attainment strategy. In this project, Rule 4550 would be 

developed to implement BACM on agricultural sources and to achieve PM10 emission 

reductions to help meet the five percent per year reduction in PM10 emissions. In 
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addition, new Rule 3190 (Conservation Management Practices Plan Fee) would be 

developed to allow the District to collect fees from the affected agricultural sources. 

Such fees would be used by the District to offset the administrative and compliance 

costs of the CMP Program. 

The District’s 2003 PM10 Plan contains a commitment to implement the Conservation 

Management Practices (CMP) Program by July 2004. The 2003 PM10 Plan relies on 

emissions reduction expected from the CMP Program to achieve the mandated 5% per 

year reductions and to demonstrate attainment of annual and 24-hour PM10 standards. 

Therefore, District staff intends to submit Rule 4550 and Rule 3190 to the District 

Governing Board for consideration of adoption no later than the second quarter of 2004. 

II. RULE DEVELOPMENT PROCESS 

Ordinarily, District staff holds scoping meetings during the initial stages of the rule 

development process. The primary purpose of the scoping meetings is to introduce the 

objectives of the rule project, collect information, and solicit comments from interested 

parties, affected industry producers, and stakeholders useful in developing the draft staff 

report and draft rules. For this project, District staff utilized alternatives to the usual 

scoping meetings since District staff and agricultural representatives of the Agricultural 

Technical Advisory Committee, commonly known as the AgTech Committee, organized 

numerous grower and stakeholder meetings over the past two years to discuss the CMP 

Program and rule issues, and to collect information. 

District staff conducted two rounds of workshops in the Fresno, Modesto, and Bakersfield 

offices in December 2003 and March 2004. District staff presented the objectives of the 

proposed rules at both workshops and presented the draft list of conservation 

management practices at the workshop in March. District staff received comments from 

interested parties, affected sources, and public agencies. The comments received during 

the workshops were incorporated in the proposed Rules 4550 and 3190, and the draft 

CMP list as appropriate. The District has included responses to comments in an appendix 

of this draft staff report. Clarifications were made to the rules and CMP list. Final drafts for 

the proposed rules, the CMP list and staff report will be published prior to a public hearing 

to consider the adoption of the proposed rules and approval of the CMP list by the District 

Governing Board. This public hearing is scheduled for May 2004. 

In addition, District staff is required pursuant to state law to perform a socioeconomic 

impact analysis prior to the adoption, amendment, or repeal of a rule that has significant 

air quality benefits or that will strengthen emission limitations. As part of the District 

socioeconomic analysis process, District staff solicited representatives from interested 

groups to participate as members of a Focus Group. Due to the different types of industry 

affected by the proposed rules, several Focus Group meetings were held in January and 

February. Information gathered from the meetings assisted District staff in gathering 

information on regulatory compliance costs and financial impacts resulting from complying 

with the rule. 
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III. BACKGROUND ON THE CONSERVATION MANAGEMENT PRACTICE 

PROGRAM 

The most recent inventory for PM10 indicates that agriculture related sources produce 

over half of all directly emitted PM10 emissions. Data from the California Regional 

Particulate Air Quality Study (CRPAQS) indicates that geologic material comprises 

nearly 46 percent of the filter mass on an annual basis. Agriculture related sources are 

responsible for a significant portion of these geologic emissions. Review of regulations 

in other serious nonattainment areas revealed that two other air agencies (South Coast 

Air Quality Management District, California, and Arizona Department of Environmental 

Quality, Arizona) have adopted agricultural best management practices (BMPs) 

programs which were approved by EPA as BACM. The District’s Conservation 

Management Practices Program is similar to these programs, but goes further. 

In the District’s CMP Program, the practices are called conservation management 

practices, which are practices that reduce the emission of air pollutants. Emissions 

from agricultural sources vary by many factors that are beyond the control of the grower 

or the animal feeding operation (AFO) producer. Limited research on the effectiveness 

of agricultural practices on emissions has been completed to date. The EPA has 

recognized these problems and has allowed programs where growers and AFO 

producers can select practices that are feasible for their operation as BACM. 

California SB 700 is one of a package of air quality bills sponsored by Senator Dean 

Florez in 2003. SB 700 includes requirements for the District to adopt a rule or 

regulation that requires BACM and best available retrofit control technology (BARCT) 

for agricultural practices. The intent of the bill is to require PM10 nonattainment areas 

such as the District to adopt a management practice program such as the one proposed 

here. District staff has reviewed the legislation and made an interpretation of its 

requirements. Based on analysis by District staff, the District is to assume the role as 

the CMP Program Administrator and to have final approval of CMP Plans. 

A. CMP Program Concept 

The purpose of the CMP Program is to limit fugitive PM10 emissions from agricultural 

sources. The CMP Program also includes CMPs that reduce PM10 precursor 

emissions. Participation in the CMP Program will be mandatory unless the source falls 

below the exemption level described later. Growers and producers must select at least 

one CMP most appropriate for implementation for their operation from each of the 

identified applicable CMP categories, but have no specific individual emission reduction 

target. The AFO producers that also grow field crop must select CMPs for both their 

field crops and for their AFO. The selected CMPs must be noted on the applications 

provided and available in the CMP handbooks. The applications must be submitted to 

the District for approval. The program will use applications that only require the 

minimum amount of information needed for the District to calculate emission reductions 
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and understand the CMPs selected. The completed applications will constitute a CMP 

Plan when approved by the District. Guidance handbooks and a CMP List will be 

provided to assist growers in selecting CMPs and in preparing the applications. 

B. CMP Program Assistance 

The District has in place a Memorandum of Understanding (MOU) with the Natural 

Resource Conservation Services (NRCS) and the California Department of Food and 

Agriculture (CDFA) that commits the agencies to work together on the development and 

implementation of measures dealing with agricultural operations. The NRCS and the 

Resource Conservation Districts (RCDs) can provide assistance to growers and AFO 

producers in selecting CMPs and filling out applications. The NRCS would also work 

with the applicants that submitted incomplete plans to obtain the necessary information. 

The District will be responsible for tracking emission reductions achieved by the CMP 

Program, for taking any enforcement action regarding the mandatory portions of the 

program, and for collecting the fees for the program. Additional assistance to growers 

and AFO producers may be available from the Agricultural Research Service (ARS), 

CDFA and agricultural groups, such as farm organizations, agriculture trade 

associations, and grower groups. The District will also work with county agencies that 

may be able to assume portions of program responsibilities where it would result in 

operational efficiencies and allow compliance with state and federal requirements. 

C. Affected Sources 

The CMP Program is applicable to agricultural sources that grow crops or have AFOs 

such as dairy, feedlot, chicken and turkey operations. As information becomes 

available for other livestock such as swine, sheep or horse operations, they would be 

included in Rule 4550 and in the CMP Program if necessary. 

The District proposes a de minimis level of 100 contiguous acres above which farms 

would be required to submit applications to be approved as a CMP Plan. This level 

ensures that 90% of the harvested acres in the San Joaquin Valley will implement 

CMPs. This reduces the administrative burden and program costs while achieving the 

needed reductions. The District also proposes de minimis levels of 500 mature dairy 

cows, 190 beef cattle or heifers, 82,000 laying hens, 125,000 chickens (except layers), 

and 55,000 turkeys. With these levels, it is estimated that more than 70% of the 

population would be covered under the CMP Program. The de minimis level is based 

on emissions of 1 ton per year as allowed in SB 700. Based on economic data, owners 

of farms and animal feeding operations with size under the exemption threshold will 

tend to have less income and capital available to invest in the new equipment and 

systems to meet the CMP requirements. Another reason is the owner of these farms 

and operations is typically a primary laborer on the facility and may not have the 

flexibility to modify practices without adding additional labor. 
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D. Conservation Management Practices 

Through the work of the AgTech Committee and stakeholders, CMP categories and a 

preliminary list of CMPs have been identified and developed. Currently, there are five 

CMP categories for the crop growing and harvesting operations, four CMP categories 

for the dairy and feedlot operations, and five CMP categories for poultry operations. 

One CMP must be selected from the CMP list under each category. 

Conservation management practices reducing emissions fall into several broad CMP 

categories: 

• Practices that reduce or eliminate the need to disturb the soil or manure; 

• Practices that protect the soil from wind erosion; 

• Equipment modifications to physically produce less PM10; 

• Applying water or dust suppressants to reduce emissions entrained by moving 

vehicles and equipment; 

• Reducing speed or access on unpaved roads and parking areas; 

• Alternative practices to waste burning; and 

• Practices that reduce pesticide use or emissions from agricultural internal 

combustion engines. 

The overall list of CMPs is attached as an appendix to this staff report and will also be 

included in a CMP Handbook to be made available to the affected sources. EPA has 

requested that the draft list of CMPs be included in the State Implementation Plan 

submittal of Rule 4550. Therefore, District staff is proposing to present it to the 

Governing Board for approval. Revision to the draft list of CMPs will be approved by the 

APCO. This process is similar to what the District does with its list of BACT 

determinations for stationary sources. 

As technology advances, new practices will become available. The District will conduct 

a major review of the CMPs as part of the Reasonable Further Progress Plan that is 

prepared every three years by the District (March 2006). Existing CMPs will be 

reviewed to ensure that they are still appropriate. Any practice to be considered a CMP 

and added to the CMP List will be reviewed by the AgTech Committee and approved by 

the APCO. 

E. Compliance Assurance and Backstop Provisions 

The 2003 PM10 Plan was required to include contingency measures that would be 

available to provide additional emission reductions in case a shortfall is encountered 

after rule implementation. For the CMP Program, the contingency measure is referred 

to as a backstop. The proposed backstop will be triggered if the projected emission 

reductions for the CMP Program are not achieved by the end of 2005 to meet 
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reasonable further progress (RFP) requirements. This backstop provision is further 

explained in the summary of Rule 4550 below. 

F. Proposed Fee Rule 

To recover costs related to its role as the CMP Program administrator, the District is 

proposing a schedule of fees based on an estimate of the cost of evaluating plans and 

monitoring and enforcing activities in accordance with Health and Safety Code Section 

41512.5. The fee schedule was presented as new Rule 3190 at the workshops and will 

also be presented to the Governing Board for adoption in May 2004. Description of 

proposed Rule 3190 is provided later in the staff report. 

G. Incorporating Rule 8081 (Agricultural sources) Requirements 

During the rule development process, a number of stakeholders suggested that the 

District incorporate the requirements for agricultural sources from Rule 8081 into the 

CMP Plan to reduce duplicated effort. District staff plans to establish a process 

whereas the requirements for Rule 8081 would be identified in the CMP List and CMP 

Handbook. Thus, those subject to the unpaved road and unpaved equipment yard 

provisions of Rule 8081 would be able to comply with these requirements through their 

CMP Plans required by Rule 4550. 

 

IV. PROPOSED RULE 4550

A. Proposed Provisions of New Rule 4550 

The purpose of new Rule 4550 is to limit fugitive dust emissions from agricultural 

operation sites. The rule also provides reductions of PM10 precursors from some 

CMPs. Rule 4550 would apply to agricultural operation sites of 100 contiguous acres or 

more of cropland, AFOs with 500, or more, mature dairy cows, 190, or more, beef cattle 

or heifers, 82,000, or more, laying hens, 125,000, or more, chickens (except layers), 

and 55,000, or more, turkeys. 

Rule 4550 would not apply to other types of AFOs such as swine, horse or sheep. 

PM10 emission factors for these operations are not available. Based on the population 

data from the 1997 agriculture census and comparing them with emissions from other 

species, District staff estimated that the emissions would likely be less than the 1 

ton/year de-minimis level as allowed in SB700. The number of facilities of these 

operations is small in the San Joaquin Valley. In addition, it is reasonable to assume 

that fugitive PM10 emissions would not be significant based on the management of 

these operations. District staff may adjust the exemption thresholds and determination 

as new information becomes available. 

The proposed provisions of Rule 4550 require growers and AFO producers who are 

subject to the CMP Program to participate by submitting applications for District 
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approval as a CMP Plan and implement their selected CMPs. In the early development 

of the rule, District staff used the concept of the CMP Program in Appendix H of the 

2003 PM10 Plan, as the primary basis for the proposed rule and modified it to meet 

requirements in SB 700. 

The proposed requirements specify that the growers and AFO producers must select 

one CMP for each of the identified applicable CMP categories for their operations and 

implement the CMPs. The selected CMPs are to be listed on applications which would 

be submitted to the District by December 31, 2004 for approval as a CMP Plan. 

Changes to the CMP Plan must also be submitted to the District for approval. 

Rule 4550 contains provisions that address the selection and implementation of CMPs. 

It is expected that there may be occasions where a CMP could not be selected or 

implemented for certain reasons. For example, if a CMP could not be selected from 

one CMP category due to infeasibility, Rule 4550 allows the selection of two CMPs in 

one CMP category to substitute for the other CMP category where no CMP could be 

selected. To address concerns identified after the workshops in March, Rule 4550 was 

revised to remove the provision allowing the complete opting out of CMP categories if 

growers/producers can demonstrate that no practices are technologically or 

economically feasible for their operation, subject to APCO approval. The list of CMPs is 

expected to provide sufficient choices so that the likelihood of situations where a grower 

would need to opt out of CMP categories will be minimal. 

B. Backstop provision of Rule 4550 

If by December 31, 2005, Rule 4550 does meet its reduction target, the backstop will 

require the District to take actions necessary to meet the goal of the CMP Program by 

increasing the number of CMPs to be implemented, or lowering the exemption 

thresholds, or taking other actions. Based on comments received during the 

workshops, the first action that should be taken would be to lower the exemption levels 

of the rule. This would allow for less disruption of the existing program for growers with 

CMP Plans in place and would reduce the potential administrative burden of accepting 

thousands of plan revisions. Should additional reductions be necessary to achieve the 

necessary emission reductions, the potential to require additional CMPs or different 

CMPs will be available. In addition, the PM10 Plan update scheduled for March 2006 

will provide the Governing Board with an option to revise the program if better methods 

are identified from experience during the initial implementation of Rule 4550. 

V. PROPOSED RULE 3190 

Rule 3190 (Conservation Management Practices Plan Fee) is being developed to 

recover the cost related to the review, approval of the applications, and enforcement of 

the CMP Applications/Plans in accordance with Rule 4550. 
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Rule 3190 contains fee schedules that establish a range of initial review and approval 

fee rate and a biennial fee of $100 for each agricultural operation site required tohave a 

CMP Plan. The initial review and approval fee rate is on a sliding scale and is based on 

the acreage and number of animals within an agricultural operation site. Each grower 

and operator subject to Rule 4550 would be assessed this one-time initial review and 

approval fee and the biennial renewal fee. 

Rule 3190 contains opportunity for owners/operators to reduce their fee. One example 

is a reduced initial review and approval fee if the application is verified by a CMP 

Program Evaluator such as the NRCS or RCD prior to submitting it to the District for 

approval and if other conditions are met. 

District staff plans to present Rule 3190 for adoption along with Rule 4550. District staff 

already presented the fiscal impacts, which included financial and staffing increases to 

manage the CMP Program to the Governing Board for approval in January 2004 

District staff received comments from some stakeholders on the fee schedules and 

recommends that, after the District gains experience operating the CMP Program, 

District review the cost of the CMP Program and bring recommendations for revisions to 

the Governing Board if needed. 

VI. CURRENT EMISSIONS AND EMISSION REDUCTION ESTIMATE 

 The 2002 emissions inventory indicates that PM10 emissions from agriculture-related 

sources total 197 tons per day, or more than half of all directly emitted PM10 emissions. 

For the 2003 PM10 Plan, District staff estimated that PM10 emissions will be reduced 

by 34 PM10 tons per day by 2010 or about 23 percent of the emissions from these 

source categories. The report is included as an appendix to this staff report. 

VII. COST AND COST EFFECTIVENESS ANALYSIS 

District staff has estimated the potential cost effectiveness to be achieved from 

implementing Rule 4550. This analysis is also addressed in an appendix of this staff 

report. 

VIII. SOCIOECONOMIC ANALYSIS 

The District’s independent contractor, Applied Development Economics (ADE), has 

prepared the draft socioeconomic impact analysis report of the proposed Rules 4550 and 

3190. District staff used the socioeconomic impact analysis to further evaluate the 

appropriateness of the proposed rules. The socioeconomic report was presented to the 

public at the final workshop for the rule. The final report will be presented to the Governing 

Board to disclose any socioeconomic impacts. The final draft socioeconomic impact 

analysis report is an appendix of this staff report. The report concludes that the rules will 

not have a significant adverse economic impact on agriculture. 
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IX. ENVIRONMENTAL IMPACTS 

In accordance with current CEQA requirements the District prepared an Initial Study of 

draft Rule 4550. District staff made the preliminary determination that Rule 4550 would 

not have a significant effect on the environment and that a Negative Declaration would 

be prepared. On March 31, 2004 the District posted a Notice of Availability for the 

proposed Negative Declaration for Draft Rule 4550. The posting was made available to 

the public and other potentially affected agencies via the eight county clerks offices 

within the San Joaquin Valley air basin, valley newspapers, and State Clearinghouse 

filing and circulation (SCH#2004031144). The commenting period closed on April 29, 

2004 without any comments being received. The District prepared a proposed Negative 

Declaration and will file a Notice of Declaration upon approval by the Governing Board. 

X. RULE CONSISTENCY ANALYSIS 

Pursuant to state Health and Safety Code, Section 40272.2, District staff prepared a rule 

consistency analysis and is included as an appendix to this staff report. 

XI. REFERENCES 

1. SJVAPCD 2003 PM10 Plan 

2. SJVAPCD 2003 PM10 Plan, Appendix H “Concept - Conservation Management 

Practice Program for the San Joaquin Valley” 

3. Proposed Amendments to the SJVAPCD 2003 PM10 Plan 

4. California Senate Bill 700