Notice of Public Workshop

SUBJECT: Proposed changes to Rule 201, GENERAL PERMIT REQUIREMENTS and the following new rules. These rules are being proposed to comply with Health and Safety Code Sections 40724.6 and 42301.16 (SB700- Flores) and federal law.

The staff of the Sacramento Metropolitan AQMD will conduct a public workshop to discuss proposed changes to Rule 201, GENERAL PERMIT REQUIREMENTS and the following new rules. These rules are being proposed to comply with Health and Safety Code Sections 40724.6 and 42301.16 (SB700- Flores) and federal law.

1. Rule 215, AGRICULTURAL PERMIT REQUIREMENTS AND NEW AGRICULTURAL PERMIT REVIEW
2. Rule 310, PERMIT FEES – AGRICULTURAL EMISSION UNIT
3. Rule 496, LARGE CONFINED ANIMAL FACILITIES

• Rule 201 - GENERAL PERMIT REQUIREMENTS: This rule sets the administrative procedures for review of new sources of air pollution and the modification and operation of existing sources through the issuance of permits. The rule includes the list of equipment and processes that are exempt from permit requirements. Staff is proposing to amend the exemption for agricultural operations in Rule 201 to make the requirements of Rule 201 applicable only to new major agricultural stationary sources and major modifications at agricultural sources and to update the ASTM Methods referenced in the rule.
  Proposed Rule 201 amendments (PDF 32 Kb) Staff Report for Rule 201and Rule 215 (PDF 74 Kb)
  
  
• Rule 215 - AGRICULTURAL PERMIT REQUIREMENTS AND NEW AGRICULTURAL PERMIT REVIEW: This is a proposed new rule which establishes the administrative procedures for the review of existing, new and modified agricultural sources and issuance of permits to agricultural operations that are not subject to Rule 201, described above. The rule applies to the following agricultural sources or agricultural equipment:
  
  
  1. sources with actual emissions equal to or exceeding one-half of any applicable emissions thresholds for a major stationary source, currently 25 tons per year of reactive organics, nitrogen oxides, and 50 tons per year of particulate matter, sulfur oxides and carbon monoxide,
  2. sources subject to Rule 496, LARGE CONFINED ANIMAL FACILITIES, described in more detail below; and
  3. boilers and process heaters located at an agricultural source that are subject to Rule 411, NOX FROM BOILERS, PROCESS HEATERS, AND STEAM GENERATORS if the owner/operator chooses to apply for a low fuel use exemption.
     
  It also requires Best Available Control Technology (BACT) for some new equipment, and may require offsets for these sources.
  Proposed Rule 215 (PDF 64 Kb)  See also staff report for Rule 201 and Propose Rule 215 above.
  
  
• Rule 310 – PERMIT FEES – AGRICULTURAL EMISSION UNIT: This a proposed new rule that establishes fees to recover the costs of the programs associated with permitting and inspecting agricultural sources subject to the requirements in Rule 215. The rule will set a schedule of fees similar to those currently required of stationary sources.
  Proposed Rule 310 (PDF 27 Kb)  Staff Report for Rule 310 (PDF 33 Kb)
  
  
• Rule 496 - LARGE CONFINED ANIMAL FACILITIES: This rule will apply to large Confined Animal Facilities (CAF) as defined by the California Air Resources Board. The rule requires that these facilities use mitigation measures considered to be the best available retrofit control technology (BARCT) for confined animal facility operations, including: animal feed, feed and silage storage, and waste management practices. The owner/operator of a large CAF will also be required to obtain a permit pursuant to Rule 215, AGRICULTURAL PERMIT REQUIREMENTS AND NEW AGRICULTURAL PERMIT REVIEW.
  Proposed Rule 496 (PDF 66 Kb)  Negative Declaration (PDF 16 Kb)  Environmental Analysis (PDF 160 Kb)
  Staff Report (PDF 150 Kb)
  

CEQA Determination

Rules 201 and 215

The proposed amendments to Rule 201 and adoption of Rule 215 qualify for a Class 8 categorical exemption as an action by a regulatory agency, as authorized by state law, for the protection of the environment (Section 15308 of the state CEQA Guidelines). The exceptions to categorical exemptions for sensitive locations, cumulative impact, significant effect, scenic resources, toxic sites and historical resources do not apply to the proposed amendments to Rule 201 and proposed adoption of Rule 215.

Rule 310

This rule establishes the fees associated with implementing District rules and regulations and is therefore exempt from CEQA pursuant to Section 21080(b)(8) of the Public Resources Code.

Rule 496

The District's environmental coordinator has determined that proposed Rule 496 is subject to the provisions of the California Environmental Quality Act (CEQA). Pursuant to section 15063 of the state CEQA Guidelines, the District conducted an initial study to determine if the project may have a significant adverse effect on the environment. Based on the findings of the initial study, the District's Environmental Coordinator has determined that the proposed rule will not have a significant effect on the environment. A Negative Declaration is being prepared for this rule.

Proposed rules and staff reports are included with this posted notice. Hard copies of these rules and the staff reports will be provided upon request (916) 874-4800.

Please direct your written comments on these rules to:

Sacramento Metropolitan AQMD
777 12th Street, 3rd Floor
Sacramento CA 95814
Attention: Joe Carle (916) 874-4838.

You can also submit your comments electronically via e-mail to jcarle@airquality.org.