SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

E - 1 Final Staff Report with Appendices

For Revised Proposed New Rule 4566 

## Appendix E

Rule Consistency Analysis For Revised Proposed New Rule 4566

August 18, 2011SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

E - 2 Final Staff Report with Appendices

For Revised Proposed New Rule 4566 This page intentionally blank.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

E - 3 Final Staff Report with Appendices

For Revised Proposed New Rule 4566 RULE CONSISTENCY ANALYSIS FOR REVISED PROPOSED NEW RULE 4566 (ORGANIC MATERIAL CO MPOSTING OPERATIONS)

I. REQUIREMENTS FOR RULE CONSISTENCY ANALYSIS

Pursuant to Section 40727.2 of the California Healt h and Safety Code, prior to adopting, amending of a rule or regulation, the District is r equired to perform a written analysis that identifies and compares the air pollution cont rol elements of the proposed rule with the corresponding elements of existing or proposed District and EPA regulations and guidelines that apply to the affected source catego ry. The elements that were analyzed are mitigation measures, monitoring and testing, an d recordkeeping and reporting requirements. Staff found that facilities could co mply with Proposed New Rule 4566 and all existing District Rules. Furthermore, staf f found that none of the requirements of the proposed rule would conflict with local, state, or federal rules, regulations, or policies. The analysis is discussed below.

II. RESULTS OF ANALYSIS

Proposed New Rule 4566 would apply to composting an d stockpiling of organic materials at organic material composting operations . Co-composting (of biosolids, animal manure, and poultry litter), agricultural op erations, and non-composting facilities are not included in the rule applicability. In cas es where one agency's rules are more stringent than another agency's rules, affected sou rce operators are obligated to comply with the most stringent of the regulatory requireme nts.

A. Local Rules, Regulations, and Policies

• The counties of San Joaquin, Tulare, and Stanislau s ban land application of most biosolids. Madera County has significant regulatio ns than make most land application of biosolids infeasible. Fresno, Kings, and Kern Counties ban land application of Class B biosolids. Since such opera tions are covered by District Rule 4565 (Biosolids, Animal Manure, and Poultry Li tter Operations), they are

excluded from Rule 4566.

• Most composting facilities are subject to local co nditional use permits.

None of these local requirements conflict with the provisions of Proposed New Rule 4566. Also, Proposed New Rule 4566 does not confli ct with the provisions of the local regulations since it does not authorize composting operations, but merely regulates those operations which have been approved by the au thority having jurisdiction.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

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For Revised Proposed New Rule 4566 B. District Rules

Proposed New Rule 4566 would apply to facilities th at compost organic material, which includes food material, green material, or a mixtur e thereof, and may include wood material and a total of less than 100 wet tons per year of biosolids, animal manure, or poultry litter. Stationary sources subject to Prop osed New Rule 4566 are also subject to the following District rules:

• Rule 2010 (Permit Requirements) requires permits f or facilities which emit air contaminants. Proposed New Rule 4566 would not wai ve this requirement.

• Rule 2201 (New Source Review) requires best availa ble control technology to be implemented at new and modified facilities that hav e the potential to emit over 2.0 lb per day. Proposed New Rule 4566 applies to existing facilities, regardless of whether they are being modified or not. A new o r modified composting facility would also be subject the more stringent requiremen ts of either Rule 2201 or Proposed New Rule 4566. Rule 2201 offers exemption s from some new source review requirements for modifications performed sol ely to comply with a new or

amended rule.

• Rule 4101 (Visible Emission) prohibits discharge o f 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. Based on inspection of current operations, Rule 4566 is not expected to conflict with this requirem ent, nor would the requirement pose a barrier to Proposed New Rule 4566 compliance

.

• Rule 4102 (Nuisance) prohibits discharge of air co ntaminants that causes a public nuisance. Based on inspection of current op erations, Proposed New Rule 4566 is not expected to conflict with this requirem ent, nor would the requirement pose a barrier to Proposed New Rule 4566 compliance

.

• Rule 4642 (Solid Waste Disposal Sites) sets emissi on limits for facilities with gas collection systems and requires control of emission s during excavation of solid waste and during maintenance of gas collection syst ems. Based on current operations, Proposed New Rule 4566 is not expected to conflict with this requirement, nor would the requirement pose a barri er to Proposed New Rule 4566 compliance.

Composting operations may also be conducted at faci lities covered by other District rules, such as Rule 4204 (Cotton Gins), Rule 4550 ( Conservation Management Practices), and Rule 4570 (Confined Animal Faciliti es), but such facilities are specifically exempted from Proposed New Rule 4566 so no conflict s could occur.

In reviewing these rules, District staff has determ ined that the provisions of the rules listed above do not duplicate or conflict with Prop osed New Rule 4566.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

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For Revised Proposed New Rule 4566 C. California Rules, Regulations, and Policies

1. California Public Resources Code Division 30 Sec tions 41780-41786

Implementing the California Integrated Waste Manage ment Act, these sections require

cities and counties to divert at least 50% of their waste from landfills. The requirements of Proposed New Rule 4566 incorporate commonly appl ied control techniques which should not significantly impact current composting practices and operations. Therefore, Proposed New Rule 4566 should not prevent these ent ities from meeting this state

mandate.

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

This regulation requires some facilities to obtain a permit or register with the California Department of Resources Recycling and Recovery (Cal Recycle). Certain limits on the materials, operation, recordkeeping, monitoring, pa thogen reduction time and temperature, and reporting requirements are also sp ecified. Based on discussion with current operators and CalRecycle representatives, t he provisions of Proposed New Rule 4566 are not expected to impact compliance wit h Title 14 conditions and therefore do not conflict with those requirements.

3. California Integrated Waste Management Board (CI WMB) Strategic Directive SD6: Market Development

CIWMB (now CalRecycle) adopted Strategic Directive 6.1 in 2007 and revised it in 2009. The purpose of the directive was “to assist in the development of viable,

sustainable markets to divert materials from landfi lls...” Sub-directive 6.1 aims for a 50% reduction in the organic , component of the waste s tream by 2020. This reduction was to be facilitated by promoting development of new o rganic processing facilities to produce compost, biofuels, and bioenergy. Proposed New Rule 4566 would require emission controls on composting facilities but woul d not be a barrier to the creation of new facilities. Therefore, the provisions of Propo sed New Rule 4566 do not conflict with

SD-6.

4. Regional Water Quality Control Board

Regional Water Quality Control Boards (RWQCB) enfor ce the federal National Pollutant Discharge Elimination System (NPDES) permits, as di scussed in Section II.D.2 below. RWQCB may also control wastewater generation and tr eatment, water supply and demand, and storm water drainage systems. Since cu rrent composting operations are complying with the RWQCB requirements and the Propo sed New Rule 4566 will not significantly impact the water and grading requirem ents, Proposed New Rule 4566 will not conflict with the RWQCB requirements.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

E - 6 Final Staff Report with Appendices

For Revised Proposed New Rule 4566 D. Federal EPA Rules, Regulations, and Policies

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

Commonly known as the Resource Conservation and Rec overy Act (RCRA), an amendment to the 1965 Solid Waste Disposal Act, the se regulations prohibit open dumping, require conservation of energy and natural resources when handling waste, promote the reduction of waste volume, and use soun d waste management practices. Nothing in Proposed New Rule 4566 would preclude an y of these requirements.

2. 40 CFR Parts 122-125

Commonly known as the National Pollutant Discharge Elimination System (NPDES) Program, these regulations require facilities to mi nimize discharge of pollutions into water, to the extent feasible. While Proposed New Rule 4566 requires watering of the windrows, the amount specified should not result in additional runoff or discharges from the facilities. Therefore, Proposed New Rule 4566 does conflict with the NPDES program requirements or compliance.

3. 40 CFR Part 503

This regulation addresses the use and disposal of s ewage sludge. Such operations are addressed by District Rule 4565 and are specificall y exempted from Proposed New Rule 4566. Therefore, the provisions of Proposed N ew Rule 4566 do not conflict with this part of the CFR.

4. 40 CFR Part 63

This regulation addresses national emissions standa rds for hazardous air pollutants (NESHAP) and Maximum Achievable Control Technologie s (MACTs) for selected source categories, equipment and operations. No NES HAP or MACT has been developed for composting or stockpiling of organic material since such operations do not typically generate significant quantities of ha zardous air pollutants. Therefore, the

rule is neither in conflict with nor inconsistent w ith a federal NESHAP or MACT for this

source category

5. EPA Control Measures Guidance Documents

EPA staff has issued 80 various Control Measure Gui dance Documents covering a myriad of emission sources and operations. None of those documents addresses emissions from composting or stockpiling operations , therefore, the rule is neither in conflict with nor inconsistent with a federal guida nce document for this source category.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

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For Revised Proposed New Rule 4566 6. EPA Policy on Recordkeeping

The recordkeeping requirement in Section 6.0 of Pro posed New Rule 4566 is consistent with EPA’s policy to keep and maintain records for at least five years.

7. Federal Lowest Achievable Emission Rate (LAER) a nd Federal Best Available Control Technology (BACT)

EPA staff maintains a database of Reasonably Availa ble Control Technology (RACT), BACT, and LAER technologies that have been provided to EPA by state and local permitting agencies. A search of the RACT/BACT/LAE R Clearinghouse (RBLC) did not uncover any previous determinations for composting operations. Therefore, the rule is

neither in conflict with nor inconsistent with a fe deral RACT, BACT and LAER determination for this source category.

III. CONCLUSION

Based on analysis of local, District, state, and fe deral rules that apply to the sources that would be affected by Proposed New Rule 4566 (O rganic Material Composting Operations), District staff has concluded that no p rovisions of Proposed New Rule 4566 conflict with requirements of local, District, stat e, or federal rules, regulations, or policies

for these facilities.SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis August 18, 2011

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