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, 2011 
SAN 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

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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 COMPOSTING 

OPERATIONS) 

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 the proposed rule 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 Proposed New Rule 4566 

and all existing District Rules. Furthermore, staff 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 and stockpiling of organic 

materials at organic material composting operations. Co-composting (of biosolids, 

animal manure, and poultry litter), agricultural operations, and non-composting facilities 

are not included in the rule applicability. 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. Since such operations are covered by District 

Rule 4565 (Biosolids, Animal Manure, and Poultry Litter Operations), they are 

excluded from Rule 4566. 

• Most composting facilities are subject to local conditional use permits. 

None of these local requirements conflict with the provisions of Proposed New Rule 

4566. Also, Proposed New Rule 4566 does not conflict 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 authority having jurisdiction. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis August 18, 2011 

E - 4 Final Staff Report with Appendices 

For Revised Proposed New Rule 4566

B. District Rules 

Proposed New Rule 4566 would apply to facilities that compost organic material, which 

includes food material, green material, or a mixture 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 Proposed New Rule 4566 are also subject to 

the following District rules: 

• Rule 2010 (Permit Requirements) requires permits for facilities which emit air 

contaminants. Proposed New Rule 4566 would not waive this requirement. 

• 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. Proposed New Rule 4566 applies to existing facilities, regardless 

of whether they are being modified or not. A new or modified composting facility 

would also be subject the more stringent requirements of either Rule 2201 or 

Proposed New Rule 4566. Rule 2201 offers exemptions from some new source 

review requirements for modifications performed solely to comply with a new or 

amended rule. 

• 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. Based on inspection of current operations, Rule 

4566 is not expected to conflict with this requirement, nor would the requirement 

pose a barrier to Proposed New Rule 4566 compliance. 

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

public nuisance. Based on inspection of current operations, Proposed New Rule 

4566 is not expected to conflict with this requirement, nor would the requirement 

pose a barrier to Proposed New Rule 4566 compliance. 

• 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. Based on current 

operations, Proposed New Rule 4566 is not expected to conflict with this 

requirement, nor would the requirement pose a barrier to Proposed New Rule 

4566 compliance. 

Composting operations may also be conducted at facilities covered by other District 

rules, such as Rule 4204 (Cotton Gins), Rule 4550 (Conservation Management 

Practices), and Rule 4570 (Confined Animal Facilities), but such facilities are specifically 

exempted from Proposed New Rule 4566 so no conflicts could occur. 

In reviewing these rules, District staff has determined that the provisions of the rules 

listed above do not duplicate or conflict with Proposed New Rule 4566. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis August 18, 2011 

E - 5 Final Staff Report with Appendices 

For Revised Proposed New Rule 4566

C. California Rules, Regulations, and Policies 

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

Implementing the California Integrated Waste Management 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 applied control techniques which 

should not significantly impact current composting practices and operations. Therefore, 

Proposed New Rule 4566 should not prevent these entities from meeting this state 

mandate. 

 

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

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

Department of Resources Recycling and Recovery (CalRecycle). Certain limits on the 

materials, operation, recordkeeping, monitoring, pathogen reduction time and 

temperature, and reporting requirements are also specified. Based on discussion with 

current operators and CalRecycle representatives, the provisions of Proposed New 

Rule 4566 are not expected to impact compliance with Title 14 conditions and therefore 

do not conflict with those requirements. 

3. California Integrated Waste Management Board (CIWMB) 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 landfills...” Sub-directive 6.1 aims for a 50% 

reduction in the organic , component of the waste stream by 2020. This reduction was 

to be facilitated by promoting development of new organic processing facilities to 

produce compost, biofuels, and bioenergy. Proposed New Rule 4566 would require 

emission controls on composting facilities but would not be a barrier to the creation of 

new facilities. Therefore, the provisions of Proposed New Rule 4566 do not conflict with 

SD-6. 

4. Regional Water Quality Control Board 

 

Regional Water Quality Control Boards (RWQCB) enforce the federal National Pollutant 

Discharge Elimination System (NPDES) permits, as discussed in Section II.D.2 below. 

RWQCB may also control wastewater generation and treatment, water supply and 

demand, and storm water drainage systems. Since current composting operations are 

complying with the RWQCB requirements and the Proposed New Rule 4566 will not 

significantly impact the water and grading requirements, 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 Recovery Act (RCRA), an 

amendment to the 1965 Solid Waste Disposal Act, these regulations prohibit open 

dumping, require conservation of energy and natural resources when handling waste, 

promote the reduction of waste volume, and use sound waste management practices. 

Nothing in Proposed New Rule 4566 would preclude any 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 minimize 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 sewage sludge. Such operations are 

addressed by District Rule 4565 and are specifically exempted from Proposed New 

Rule 4566. Therefore, the provisions of Proposed New Rule 4566 do not conflict with 

this part of the CFR. 

4. 40 CFR Part 63 

This regulation addresses national emissions standards for hazardous air pollutants 

(NESHAP) and Maximum Achievable Control Technologies (MACTs) for selected 

source categories, equipment and operations. No NESHAP or MACT has been 

developed for composting or stockpiling of organic material since such operations do 

not typically generate significant quantities of hazardous air pollutants. Therefore, the 

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

source category 

5. EPA Control Measures Guidance Documents 

EPA staff has issued 80 various Control Measure Guidance 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 guidance document for this source category. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis August 18, 2011 

E - 7 Final Staff Report with Appendices 

For Revised Proposed New Rule 4566

6. EPA Policy on Recordkeeping 

The recordkeeping requirement in Section 6.0 of Proposed 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) and Federal Best Available 

Control Technology (BACT) 

EPA staff maintains a database of Reasonably Available 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/LAER Clearinghouse (RBLC) did not 

uncover any previous determinations for composting operations. Therefore, the rule is 

neither in conflict with nor inconsistent with a federal RACT, BACT and LAER 

determination for this source category. 

III. CONCLUSION 

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

that would be affected by Proposed New Rule 4566 (Organic Material Composting 

Operations), District staff has concluded that no provisions of Proposed New Rule 4566 

conflict with requirements of local, District, state, or federal rules, regulations, or policies 

for these facilities. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis August 18, 2011 

E - 8 Final Staff Report with Appendices 

For Revised Proposed New Rule 4566

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