*** DRAFT ***
APPENDIX F
Summary of Rule Development Requirements for Air Districts
[Rule Actions Required of Air Districts Under SB 700]
Under SB 700, air districts are required to ensure that federal permits (Title I for new/modified major sources, and Title V for existing major sources) are implemented for affected agricultural sources, consistent with federal requirements. This may require rulemaking by the district. Districts are also required to issue general permits for agricultural sources above a certain size, and to exempt sources below a certain size, unless the district Board first makes specified findings. For a detailed discussion of these requirements, see Section III of the Implementation Paper.
SB 700 also requires districts to adopt rules to regulate emissions from agricultural operations; these requirements are based on the districts’ attainment designation for federal particulate and ozone standards, as it was on January 1, 2004. The table below divides air districts into four groups, based on federal attainment as of 1/1/04; rule development requirements under SB 700 are different for each group, with Group I facing the greatest requirements and shortest deadlines, and Group IV facing the smallest requirements and later deadlines.
| Deadline |
Rule Action |
| As soon as possible |
1) Amend Title V & NSR rules to include
agricultural sources (if not already done).
2a) Amend NSR and general permits rules to establish the 50%
threshold for permitting & exemption;
or b) develop new rule to permit agricultural sources (inc.
major sources and sources above 50% of major), and exempt sources below 50% of
major.
If appropriate, make findings to change 50% threshold.
3) Review existing prohibitory rules (i.e., fugitive dust, opacity
limitations, fuel storage & dispensing, etc.) to determine which rules do
apply to agricultural sources, now that their exemption is gone, which rules
should apply, and which rules, if any, need to be changed.
|
| September 1, 2004* |
Notice and hold at least one public workshop to solicit
public comment on a draft rule for BACM & BARCT for agricultural sources
(including precursor emissions). |
| July 1, 2005* |
Adopt a regulation and submit it for inclusion in the
SIP, to establish BACM and BARCT for agricultural sources (including precursor
emissions), commensurate with such requirements for other source categories. |
| July 1, 2006* |
1) Commence implementation of the BACM/BARCT rule.
2a) Adopt a rule to permit & mitigate emissions from large Confined
Animal Facilities;
or b) Make demonstration that large CAFs do not cause or contribute
to a violation of a state or federal ambient air quality standard. |
| *Moderate PM Nonattainment Areas (Imperial County, the Mojave Desert, and
Sacramento County) are not subject to the workshop deadline, and have an
additional year to adopt and to implement the adopted regulation. |
Group I: This group includes the San Joaquin Valley, the South Coast, Sacramento County, the Mojave Desert, and Imperial County (transitional nonattainment).
| Deadline |
Rule Action |
| As soon as possible |
1) Amend Title V & NSR rules to include
agricultural sources (if not already done).
2a) Amend NSR and general permits rules to establish the 50%
threshold for permitting & exemption;
or b) develop new rule to permit agricultural sources (inc.
major sources and sources above 50% of major), and exempt sources below 50% of
major.
If appropriate, make findings to change 50% threshold.
3) Review existing prohibitory rules (i.e., fugitive dust, opacity
limitations, fuel storage & dispensing, etc.) to determine which rules do
apply to agricultural sources, now that their exemption is gone, which rules
should apply, and which rules, if any, need to be changed.
|
| September 1, 2004* |
Notice and hold at least one public workshop to solicit
public comment on a draft rule for BACM & BARCT for agricultural sources
(including precursor emissions). |
| July 1, 2005* |
Adopt a regulation and submit it for inclusion in the
SIP, to establish BACM and BARCT for agricultural sources (including precursor
emissions), commensurate with such requirements for other source categories. |
| July 1, 2006* |
1) Commence implementation of the BACM/BARCT rule.
2a) Adopt a rule to permit & mitigate emissions from large Confined
Animal Facilities;
or b) Make demonstration that large CAFs do not cause or contribute
to a violation of a state or federal ambient air quality standard. |
| *Moderate PM Nonattainment Areas (Imperial County, the Mojave Desert, and
Sacramento County) are not subject to the workshop deadline, and have an
additional year to adopt and to implement the adopted regulation. |
Group II: This group includes the Antelope Valley, Butte County, El Dorado County, Feather River area (Sutter & Yuba counties), Kern County (eastern), the San Francisco Bay Area, Ventura County, and the Yolo Solano area.
| Deadline |
Rule Action |
| As soon as possible |
1a) Amend NSR rule to include agricultural sources
(if rule currently exempts them), and establish the 50% threshold for
permitting & exemption;
or b) develop new rule to permit agricultural sources (inc.
major sources and sources above 50% of major), and exempt sources below 50% of
major.
If appropriate, make findings to change 50% threshold.
2) Review existing prohibitory rules (i.e., fugitive dust, opacity
limitations, fuel storage & dispensing, etc.) to determine which rules do
apply to agricultural sources, now that their exemption is gone, which rules
should apply, and which rules, if any, need to be changed.
|
| July 1, 2006 |
Adopt a rule and submit it for inclusion in the SIP, to
permit & mitigate emissions from large Confined Animal Facilities. Note
that the moderate nonattainment areas have until July 1, 2007. |
Group III: This group includes only the Great Basin area (Alpine, Inyo, and Mono Counties).
| Deadline |
Rule Action |
| As soon as possible |
1a) Amend NSR rule to include agricultural sources
(if rule currently exempts them), and establish the 50% threshold for
permitting & exemption;
or b) develop new rule to permit agricultural sources (inc.
major sources and sources above 50% of major), and exempt sources below 50% of
major.
If appropriate, make findings to change 50% threshold.
2) Review existing prohibitory rules (i.e., fugitive dust, opacity
limitations, fuel storage & dispensing, etc.) to determine which rules do
apply to agricultural sources, now that their exemption is gone, which rules
should apply, and which rules, if any, need to be changed.
|
| July 1, 2006 |
a) Adopt a rule to permit & mitigate emissions from
large Confined Animal Facilities;
or b) Make demonstration that large CAFs do not cause or contribute
to a violation of a state or federal ambient air quality standard. |
| July 1, 2007 |
Adopt a regulation and submit it for inclusion in the
SIP, to establish BACM and BARCT for agricultural sources (including precursor
emissions), commensurate with such requirements for other source categories. |
Group IV: This group includes Amador County, Calaveras County, Colusa County, Glenn County, Lake County, Lassen County, Mariposa County Mendocino County, Modoc County, the Monterey Bay Area (Monterey, San Benito, and Santa Cruz Counties), the North Coast area (Del Norte, Humbolt, and Trinity Counties), the Northern Sierra area (Nevada, Plumas and Sierra Counties), Northern Sonoma County, San Luis Obispo County, San Diego County, Santa Barbara County, and Tuolumne County.
| Deadline |
Rule Action |
| As soon as possible |
1a) Amend NSR rule to include agricultural sources
(if rule currently exempts them), and establish the 50% threshold for
permitting & exemption;
or b) develop new rule to permit agricultural sources (inc.
major sources and sources above 50% of major), and exempt sources below 50% of
major.
If appropriate, make findings to change 50% threshold.
2) Review existing prohibitory rules (i.e., fugitive dust, opacity
limitations, fuel storage & dispensing, etc.) to determine which rules do
apply to agricultural sources, now that their exemption is gone, which rules
should apply, and which rules, if any, need to be changed.
|
| July 1, 2006 |
a) Adopt a rule to permit & mitigate emissions from
large Confined Animal Facilities;
or b) Make demonstration that large CAFs do not cause or contribute
to a violation of a state or federal ambient air quality standard. |
Some of the districts in this group may find it to be more appropriate for their circumstances to adopt a stand-alone rule that establishes all permitting and (if applicable) mitigation requirements for agricultural operations. Some of the factors that will affect this decision include the complexity of the district’s current program, the difficulty it faces maintaining attainment status, whether it is subject to planning and rule adoption requirements to attain state ambient air quality standards, and the amount of agricultural activity in the district as well as the contribution those activities make to local air quality problems.
