BOARD MEETING DATE: April 11, 1997 AGENDA NO. 18
Proposal:
Execute MOU with Natural Resources Conservation Service and Local Resource Conservation Districts to Assist in Development and Implementation of Methods to Reduce PM10 Emissions from Agricultural Practices
Synopsis:
When the Governing Board amended Rule 403 - Fugitive Dust at its February 14, 1997 meeting, it directed staff to work with the United States Department of Agriculture Natural Conservation Service (NRCS), Local Resource Conservation Districts (RCDs), and agricultural groups to establish appropriate best management practices for reducing soil erosion and to establish guidelines for acceptability of soil erosion control plans. This MOU with the NRCS and local RCDs establishes an ongoing formal cooperative relationship to help achieve these objectives.
Committee:
Not Applicable
Recommended Action:
Authorize the Chairman of the Board to execute an MOU with the Natural Resources Conservation Service and local Resource Conservation Districts to assist in the development and implementation of methods to reduce PM10 emissions from agricultural practices.
James M. Lents, Ph.D.
Executive Officer
On February 14, 1997 the AQMD Board amended Rule 403 - Fugitive Dust to incorporate best available control measures as required by the federal Clean Air Act. Under the provisions of amended Rule 403, agricultural operations (greater than 10 acres) within the South Coast Air Basin can maintain their exempt status provided that a soil erosion control plan is approved by the AQMD prior to January 1, 1999. Agricultural operations with fewer than 10 acres or those outside the South Coast Air Basin are exempt from Rule 403.
In the Rule 403 adoption resolution (No. 97-3), the Governing Board directed staff to work with the Natural Resources Conservation Service (NRCS), Local Resource Conservation Districts (RCDs), and local agricultural groups to establish appropriate best management practices and establish guidelines for acceptability of soil erosion control plans. Staff has worked with the NRCS and RCDs and has developed the attached Memorandum of Understanding to formalize a cooperative agreement to help achieve the objectives established by the Board. In accordance with the Board resolution, staff is also committed to bring guidelines for acceptability of soil erosion control plans to the Board for approval by January 9, 1998.
Enter into an MOU with Natural Resources Conservation Service (NRCS), Local Resource Conservation Districts (RCDs) to assist in the development and implementation of methods to reduce PM10 emissions from agricultural practices.
Attachment
MOU
/ / /
MEMORANDUM OF UNDERSTANDING
between
NATURAL RESOURCES CONSERVATION SERVICE,
LOCAL RESOURCE CONSERVATION DISTRICTS,
and
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to establish a formal working relationship between the Natural Resources Conservation Service (NRCS), local Resource Conservation Districts (RCDs), and the South Coast Air Quality Management District (AQMD) to assist the agricultural community in the development and implementation of methods to reduce PM10 from agricultural practices. The goal of this MOU is to provide a thoughtful process for involving the agricultural community in the cooperative effort to reduce air pollution and improve air quality.
NATURAL RESOURCES CONSERVATION SERVICE
The NRCS is part of the U.S. Department of Agriculture (USDA) and is responsible for protecting the nation's natural resources including soil, water, air, plants, and animals on privately owned land. NRCS's mission is to treat resource problems and maintain the sustainability of natural resources, through planning and the application of conservation practices, by providing technical assistance to local landowners, groups, tribes, and units of government through RCD’s, a subdivision of state government. NRCS includes consideration of human factors when seeking to resolve resource concerns.
The NRCS provides all assistance on a voluntary basis. NRCS also provides the technical assistance to carry out other mandated, USDA natural resource programs on private lands. The NRCS recognizes the need to coordinate its goals related to air resources with those related to agriculture on privately owned land as part of the NRCS and RCDs working relationship with the agricultural community.
RESOURCE CONSERVATION DISTRICTS
RCDs are a legally constituted unit of State government, an independent special district. Responsible under Division 9 of the California Public Resources Code, they serve as a vehicle for resource conservation and development within their boundaries.
Areas of focus include, but are not limited to, prevention of soil erosion and control of pollution from sediment, storm water runoff, pesticides and herbicides, fertilizer nutrients, and animal wastes; improving prime and unique farmlands, improvement of irrigation methods and drainage; flood protection; water conservation, reclamation and quality improvements; and the incorporation of conservation education into school curricula.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
The AQMD is an air district established pursuant to the California Health and Safety Code. Under State law, air districts have the primary responsibility for the control of air pollution from all sources, other than emissions from motor vehicles, and are required to adopt and enforce regulations to achieve and maintain ambient air quality standards by emission sources under their jurisdiction.
The federal Clean Air Act (CAA) required development of the necessary Best Available Control Measures (BACM) to address PM10 air quality issues in serious nonattainment areas, such as the South Coast Air Basin (Basin). In response to CAA requirements, the AQMD has amended Rule 403 (Fugitive Dust) and adopted Rule 1186 (PM10 Emissions from Paved and Unpaved Roads and Livestock Operations) on February 14, 1997. One provision of Rule 403 covers agricultural operations that were previously exempt from Rule 403 (agricultural operations with fewer than 10 acres of disturbed surfaces remain exempt). Under the provisions of amended Rule 403, after January 1, 1999 agricultural operations greater than 10 acres will only retain their exemption if a soil erosion control plan is submitted to and approved by the AQMD.
THIS MOU IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
It is understood that implementation of PM10 control strategies for agricultural operations are only one component of the Basin's PM10 control strategy; and
The AQMD has the authority to adopt, implement, and enforce air quality rules and regulations; and
The AQMD amended Rule 403 (Fugitive Dust) in February 1997 to comply with the federal Clean Air Act; and
To maintain an exemption from Rule 403 requirements, agricultural operations in the Basin that have greater than 10 disturbed acres will need to submit soil erosion control plans to the AQMD for approval; and
The NRCS and RCDs have expertise in agricultural operations and soil erosion control.
ESTABLISHMENT OF COOPERATIVE RELATIONSHIP
Therefore, an ongoing formal cooperative relationship is hereby established among NRCS, RCDs, and the AQMD to ensure the development of appropriate soil erosion control plans, to comply with Rule 403 requirements; to comply with the CAA mandates; and to help achieve attainment of federal and state air quality standards.
Further, the NRCS, RCDs, and the AQMD have entered into this MOU to ensure a coordinated approach toward the development and implementation of best management practices and soil erosion control plans for agricultural operations contained in Rule 403. As was recognized in the FACTS section of this MOU, all parties agree that this coordinated approach is necessary to ensure the development of soil erosion control plans.
This MOU constitutes a statement of the obligations, intentions and policies of the parties involved.
JOINTLY THE NRCS, RCDs, AND THE AQMD WILL:
A. Seek the input and involvement of state and local farm advisory groups, and the agricultural community in the identification of fugitive dust control options and the development of best management practices as a basis for soil erosion control plans that meet Rule 403 BACM requirements.
B. Provide each other with the data, information, and technical assistance necessary to complete the objectives of this MOU.
C. Seek to acquire funding, as needed, for compliance assistance.
D. Develop an education/outreach program to disseminate information to the public and the agricultural community on the Basin's PM10 problem and the continuing efforts to improve air quality.
THE NRCS WILL:
A. Work with RCDs, the AQMD, agricultural trade associations, and the agricultural community to develop best management practices as a basis for soil erosion control plans that meet Rule 403 BACM requirements.
B. Address and discuss air resources in all Resource Management System plans developed.
C. Provide technical assistance based on priority established by NRCS, local RCDs, and the AQMD as funding and staffing levels permit.
D. Resources permitting, continue to assist the AQMD in the development and implementation of measures dealing with agricultural operations in future air quality plans.
E. Resources permitting, assist the AQMD with its outreach efforts to the agricultural community.
THE RCDs WILL:
A. Work with NRCS, the AQMD, and the agricultural industry in the development of soil erosion control plans that meet Rule 403 BACM requirements.
B. Resources permitting, continue to assist with the development and implementation of measures dealing with agricultural operations in future air quality plans.
C. Resources permitting, assist the AQMD with its outreach efforts to the agricultural community.
THE AQMD WILL:
A. Coordinate and assist in the development of soil erosion control plans.
B. Conduct an outreach program to inform the agricultural industry of the Basin's PM10 problem and control strategy.
C. Process the soil erosion control plans and notify the NRCS and RCDs of plan approvals on a routine basis.
D. Conduct an outreach program to ensure compliance with approved plans.
E. Ensure compliance with the soil erosion control plans.
GENERAL
A. The Natural Resources Conservation Service enters this agreement under the authority of Conservation Operations, PL 74-46, 16 U.S.C. 590a(3).
B. Any party(ies) hereto will have the right to terminate this MOU with the other party(ies) by giving 30 days notice in writing to each party to this MOU.
C. This MOU may be amended or supplemented by mutual agreement by the signers or their successors.
Therefore, the aforementioned agencies enter into this MOU which identifies the anticipated working relationship among the agencies and provides for the coordination of activities where air quality issues related to agriculture on private land are involved.
HERSHEL READ, State Conservationist
Natural Resources Conservation Service
ALFRED B. BONNETT, President, Board of Directors
Riverside/Corona Resource Conservation District
KENTON MILLER, President, Board of Directors
East Valley Resource Conservation District
MARK ECKHART, President, Board of Directors
Inland Empire West Resource Conservation District
JON D. MIKELS, Chairman of the Board
South Coast Air Quality Management District