BOARD MEETING DATE: June 3, 2005
AGENDA NO. 40

Amend Rule 403 – Fugitive Dust

SYNOPSIS:

Amendments to Rule 403 are proposed to incorporate SB 700 provisions to require Best Available Control Measures for fugitive dust sources at confined animal facilities no later than January 1, 2006. Additionally, Proposed Amended Rule 403 will address an implementation issue related to 2004 amendments affecting weed abatement activities. Comments on the Proposed Amended Rule 403 Environmental Assessment relative to the weed abatement provisions necessitate further evaluation. Accordingly, amendments to Rule 403 weed abatement provisions are not proposed for adoption at this time.

COMMITTEE:

Stationary Source, April 22, 2005, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the Final Environmental Assessment (EA) for Proposed Amended Rule 403; and
    
2. Adopting Proposed Amended Rule 403.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 403 was adopted by the Board in 1977 and has undergone numerous amendments to date. Key provisions of Rule 403 include a visible emissions property line standard, requirements to implement Best Available Control Measures (BACM), upwind/downwind PM10 concentration standards, prevention of material track-out on to paved public roads and special control requirements for large operations. The most recent amendments to AQMD fugitive dust rules (Rules 403, 403.1, and 1186) were adopted in April 2004 to implement 2003 AQMP Control Measure BCM-07 and to conform to the latest U.S. EPA guidance to further reduce PM10 emissions.

The proposed amendments address two principal issues.

In an effort to improve air quality in air districts that have not attained State and federal ambient air quality standards and to comply with federal mandates, Senate Bill (SB) 700 was signed into law on September 22, 2003 to reduce emissions from the agricultural sector. Under SB 700 requirements, agricultural operations are no longer exempt by State law from air quality permitting and are also required to implement BACM to reduce fine particulate matter, also referred to as fugitive dust or PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). Presently, fugitive dust control programs are in place for some agricultural sources (i.e., crop farmers and dairies); however, amendments to Rule 403 (Fugitive Dust) are proposed to require BACM for the remaining confined animal facilities in accordance with SB 700 requirements.

A Rule 403 amendment is also proposed to address an implementation concern associated with weed abatement activities. Mowing is encouraged for weed abatement as it does not disturb the soil and because the remaining natural vegetative cover is the most effective, easiest, and most economical way to control wind erosion. Accordingly, emissions from mowing for weed abatement are exempt from Ruler 403. Recognizing that mowing is not always feasible due to rocks, debris, fire ignition potential, and other safety hazards, Rule 403 also exempts discing for weed abatement activities provided that water is used to mitigate fugitive dust. Comments made subsequent to the April 2004 Rule 403 amendments that required watering prior to discing for weed abatement indicated that watering is not always feasible due to technical reasons (i.e., steep slopes, uneven terrain, etc.). Accordingly, an amendment is proposed that would provide flexibility from pre-watering prior to discing while implementing feasible controls.

Proposed Amendments to Rule 403

Proposed amendments to Rule 403 address two principal issues: requiring BACM at confined animal facilities in accordance with SB 700, and amending weed abatement provisions to address an implementation concern.

        Amendments Pursuant to SB 700
Proposed Amended Rule (PAR) 403 would remove the existing exemption for agricultural operations directly related to the raising of fowl and other confined animals and would require implementation of BACM to control fugitive dust and the corresponding PM10 emissions at confined animal facilities. Specifically, PAR 403 would require confined animal facilities, other than dairy farms, to implement BACM requirements found in a new proposed Table 4 (now referred to as conservation management practices or CMPs). The following source categories are included in the Table 4 CMP list and are subject to BACM: manure handling at poultry facilities, feedstock handling, disturbed surfaces, unpaved roads, and equipment parking areas. Under the proposal, these provisions become effective January 1, 2006 to comply with the SB 700 provisions. Estimated emission reductions are approximately 0.13 ton per day with an estimated cost-effectiveness of $4,800 per ton of PM10 reduced.

        Weed Abatement
Comments received on the Draft Environmental Assessment prepared for PAR 403 indicate that adjustments to the CARB agricultural tilling emission factor used to estimate PM10 emissions for weed abatement may be necessary. This will require time to evaluate the comments and prepare the appropriate CEQA analysis, as necessary. AQMD staff is proposing to delay the proposed amendments to the Rule 403 weed abatement provisions to allow such analysis. Removal of this portion of PAR 403 does not affect the emission reductions or cost effectiveness estimates for proposed requirements related to livestock facilities.

PAR 403 alters existing Rule 403 weed abatement provisions in response to public agency comments regarding the infeasibility of watering in instances where discing for weed abatement is necessary. Specifically, PAR 403 would allow agencies to determine that application of water is infeasible prior to weed abatement activities. A determination of infeasibility can be based on technical reasons including physical obstructions, slope conditions, safety factors, or accessibility of water. Feasible dust controls (i.e., prohibition during high winds) must still be in place to be eligible for the exemption, however. Additionally, surfaces must be stabilized following discing and the amendments provide guidance to property owners for determining a stabilized surface after weed abatement activities cease. The proposed amendment would result in approximately 0.015 to 0.018 ton of PM10 emissions increase per day under a scenario that presumes that no water is applied prior to conducting any weed abatement activities.

California Environmental Quality Act (CEQA)

The proposed amendments to Rules 403 are considered a "project" as defined by the California Environmental Quality Act (CEQA), and the AQMD is the designated lead agency. Pursuant to the CEQA Guidelines and AQMD Rule 110, the AQMD has prepared an Environmental Assessment (EA) evaluating potential significant adverse environmental impacts associated with implementing the proposed amendments to this rule. The Draft EA was circulated for a 30-day public review and comment period, and concluded that PAR 403 would not have any significant adverse effects on the environment. The Final EA, includes comments on the draft EA, and the respective responses, and is included as part of the attached package for the public hearing on the proposed amendments.

Socioeconomic Assessment

The proposed amendments to Rule 403 would mainly affect poultry and confined animal facilities in the counties of Riverside and San Bernardino. These facilities belong to the industries of hog and pig farming (NAICS 1122), poultry and egg production (NAICS 1123), and sheep and goat farming (NAICS 1124).

The affected facilities are required to use conservation management practices to comply with Rule 403 by January 1, 2006. Of the estimated 49 affected facilities, 23 are in Riverside county and 26 are in San Bernardino county. The total annualized cost of the proposed amendments is projected to be $215,780.

Public Process

Approximately 5,700 public workshop notices were mailed to potentially affected sources and agencies, and the notice of public workshop was published in each county within AQMD’s jurisdictional boundaries. Notifications were also sent to pertinent industry associations and SB 700 working group members to ensure broad distribution to potentially affected facilities. A public workshop was held on March 24, 2005 at the AQMD offices in Diamond Bar. In addition to this workshop, AQMD staff has provided PAR 403 updates at monthly SB 700 working group meetings and has met individually with representatives from each of the four counties responsible for weed abatement activities. A total of 18 comment letters were received both during and after the formal public review period that extended from March 15 to April 5, 2005. Comments expressed at the public workshop and in the comment letters are addressed in the Staff Report.

AQMP and Legal Mandates

PAR 403 confined animal facility requirements are mandated by SB 700 to be adopted no later than July 1, 2005 and implemented no later than January 1, 2006. PAR 403 weed abatement provisions are not an AQMP requirement or a legal mandate, but address an implementation issue.

Implementation

A public outreach program is planned prior to the January 1, 2006 effective date for confined animal facilities and outreach will continue for agencies issuing weed abatement orders.

Resource Impacts

No additional AQMD resources are required to implement the PAR 403 requirements.

Attachments (1,525 KB)

1. Summary of Proposed Amended Rule 403
2. Rule Development Process
3. Key Contacts
4. Key Issues
5. Resolution
6. Proposed Amended Rule 403
7. Final Staff Report for Proposed Amended Rule 403
8. Final Environmental Assessment

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