Implementation of an
Agricultural Air Quality
Program
Tulare Ag Expo
February 11, 2004
David L. Crow
Executive Director/Air Pollution Control Officer
San Joaquin Valley APCD
www.valleyair.org
Background
• Long-standing permit exemption for
Agricultural Sources under the State law
• Federal law requires permits for major
agricultural sources (Title I and Title V)
• Federal sanctions (entire state) set for
November 2003 unless ag exemption
removed
• SB 700 (Florez) -- Signed into Law in
9/2003
SB 700 Summary
• Removes permit exemption for Agricultural
sources (major and minor sources)
• Requires Particulate Matter (PM) controls
(including PM precursors)
• Additional pollution controls and permits
for Confined Animal Facilities (CAFs)
• Offers off-ramps from pollution control and
permitting
• Treat agricultural facilities similar to other
air pollution sources
SB 700 Control Requirements
• BACM and BARCT for sources where
technology is transferable
• Controls for tilling, discing, cultivation,
and raising of animals
• Controls for fugitive emissions
• Include measures for PM precursors
• Enforceable rules and regulations
Minimum Permitting Requirements
• Major agricultural sources will be subject to
Title V and NSR requirements
• District MUST require permits for agricultural
sources with emissions at or above ½ the
major source thresholds unless certain
findings are made at a public hearing
• District CANNOT require permits for sources
with emissions below ½ major source
thresholds unless certain findings are made at
a public hearing
Permitting Offramp
• District may exempt a source if:
• Replace I.C. engines with electrical or
State/EPA certified, and
• Mitigate emissions from all ag activities,
and
• Mitigate emissions from all ag equipment
• May serve as an incentive that could lead
to air quality benefit
More Requirements for CAFs
• 7/1/05 - CARB to define “Large”
CAFs
• 7/1/06 – District to adopt permitting
and mitigation rules for “Large CAFs”
• Degree of control = BARCT
• Regulations must be submitted to
EPA for inclusion in the SIP
More Requirements for CAFs (cont.)
• 1/1/07 - “CAF permit” applications due
from “large” CAFs
• District issue permits within 6 months
(30-day public notice) Sources to
implement mitigation within 1 year
• NOT a substitute for other permitting
requirements
Permitting Timeline
• Ag. exemption goes away 1/1/2004
• Existing sources:
– Local permit applications due by 7/1/04
– Title V permit applications due 1/1/05
– Grandfathered (no BACT/ERCs)
– BARCT/BACM later
• New sources (e.g., new dairies):
– Effective 1/1/04 must obtain construction
permits subject to BACT,ERCs, and public
review
BACT Process
• Find the most effective control that is:
– Technologically feasible
– Cost effective/Achieved in practice
• Work with industry groups, individual
dairies, equipment vendors
• Public workshops
• Evolve with time and science
Areas of Possible Dairy Controls
and/or Practices
•
•
•
•
•
Milking Center
Cow Housing/Feeding
Manure Storage Piles
Land Application of Waste Material
Lagoons
Number of affected sources
• Total number of facilities in the Valley:
– Farms (~28,000)
– CAFs (~5,500)
• Facilities subject to BARCT/BACM:
– Farms (~8,000)
– CAFs (~1,100)
• Facilities subject to permits
– Farms (~4,000)
– CAFs (~350)
– Fewer sources may be affected after closer
examination
Rule 4550
Conservation Management Plans
• Conservation Management Plans for Ag
Sources
• Implement Controls for On-field
Activities
• Similar to Permitting – but it’s Not
Permitting
• Sources Select from Control Options
CMP Program Concept
• Mandatory participation for farm sites 100
contiguous acres and larger
• Select 1 measure from each of 5 categories
–
–
–
–
–
Land preparation/cultural activities
Harvest
Unpaved roads
Unpaved parking and staging areas
Other – wind erosion prevention, waste
burning
• Relatively simple plans submitted to NRCS/RCD
for review and to District for approval
CMP Program
• Practices proposed by growers to be
provided in a handbook
• Growers can propose new measures for
Ag Tech Committee review & District
approval
• New and improved CMPs as technology
develops over time
• Best Available Control Measures (BACM)
• Help achieve annual 5% reduction in PM
emissions
CMP Examples
• 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
CMP Timeline
•
•
•
•
•
Rule development now underway
Final workshops in March 2004
Rule adoption May 2004
Outreach/education ongoing
CMP Program implementation begins July
2004
• CMP Plans due no later than December 31,
2004
• Fees to cover plan program costs with 50%
discount for NRCS verification
Ag Research Priorities
• Dairy and other CAFO VOC emission
factors – eventually need process based
factors
• CAFO ammonia and PM10 emission
factors
• On field management practice PM10
emission differentials
• Equipment modifications to reduce PM10
emissions
Ag Program Implementation
• Extensive outreach – Coordination with Industry
Groups
• Small Business Assistance
• User-friendly application forms
• Web-based tools/aides
• Development of good science and staff expertise
• Coordination/Utilization with other agencies (e.g.,
NRCS, County agencies)
• Support legislation aiding effective
implementation (e.g., Eliminate utility stand-by
charges)
• Statewide coordination
Some Important Dates
• 1/1/2004 – SB700 Effective, No Ag Exemption ,
Title I & V
• 1/15/2004 – Governing Board Approves Staffing
• 5/20/2004 – District CMP Rule to Governing Board
• 7/1/2004 – District Permit Applications Due
• 1/1/2005 – Title V Application Deadline
• 1/1/2005 – CMP Applications Due
• 7/1/2005 – BARCT Rule for Ag IC Engines Due
• 7/1/2006 – District to Adopt Large CAF Permit Rule
• 1/1/2007 – Title V Permits Issued
Other Recent Air Legislation
• SB704 Biomass Funding- passed
• SB705 SJV Ag Burn Prohibition - passed
- Phases out ag burning between 2005 and
2010
- District required to identify feasible
alternatives to burning
- Exceptions for diseased crops
SB704 - Agricultural Biomass to
Energy Program
• Enacted September 22, 2003
• Uses $6 million from Revenue Trust Fund
• $10/ton incentive for qualified agricultural
biomass
• Paid to biomass facilities meeting certain criteria
• CEC will manage funds
• CEC holding hearing to adopt program
guidelines February 18, 2004
• All funds to be expended by June 30, 2004
SB 705 Changes to State Law
• Added Sections 41855.5 and 41855.6 to
the California Health & Safety Code
• Prohibits the issuance of an agricultural
burn permit within the San Joaquin Valley
Air Basin for certain agricultural wastes,
commencing on specified dates for each
crop type
• Prohibition does not apply to prescribed
burning or hazard reduction burning
conducted in the foothills and mountain
areas of the District
June 1, 2005 – Phase Out
• Field Crops:
Alfalfa, asparagus, barley stubble, beans, corn, cotton, flower
straw, hay, oat stubble, pea vines, peanuts, rice stubble,
safflower, wheat stubble, and any other field crop
• Prunings:
Apples, apricots, avocados, bush berries, cherries, Christmas
trees, citrus, dates, eucalyptus, figs, kiwis, nectarines,
nursery prunings, olives, peaches, persimmons, pistachios,
plums, pluots, pomegranates, prunes, quince, rose
prunings, trees and branches associated with pasture or
corral maintenance, and any non-surface harvested
prunings
• Weed Abatement:
Berms, grass, fence rows, pasture, ponding or levee banks
June 1, 2007 – Phase out
• Orchard Removals:
Orchard removal matter, stumps, and
untreated wooden stakes
June 1, 2010 – Phase Out
• Other Materials:
• Brooder paper, deceased goats, and diseased beehives
• Surface Harvested Prunings:
• Almond, walnuts, pecans, grapevines, and vineyard removal
materials
• Vineyard Materials:
• Grape canes and raisin trays
Amendments to Rule 4103
(Ag Burning)
By June 1, 2005, the District shall
develop and adopt rules:
• Establishing the best management
practices for certain weeds and
maintenance, as defined, and
• Regulate the burning of diseased crops
Smoke Management
• March 2001 - Title 17 California Code
of Regulations
• Districts given a mandate to develop
better tools to manage smoke
• Agricultural burning and Prescribed
burning
Acreage Allocation
• District determines atmospheric
holding capacity in local geographic
areas
• Local meteorological data
• Local air quality data
• Local nuisance potential
How Will It Work?
• Permitting process remains the same –
same cost
• Daily allocation for each geographic area
will be established by District
• No more burn or no burn days
• Farmers call to request a burn
- Accepted
- Reduced acreage
- Allocation full
Waiting List
• Priority over new requests
• You will receive an automated message
the afternoon before you can burn
• Choose to burn next day or delay up to
5 times
• Call back to confirm that you will burn
Ways to request a burn
• Talk to an operator in person
• Use an automated phone system
• Use the Internet