1. Update on Dairy Air Quality Regulations Frank Mitloehner, PhD Associate Air Quality CE Specialist Animal Science UC Davis

2. What are the air quality issues?  National ambient air quality standards (PM, ozone)  Hazardous air pollutants (e.g., methyl bromide)  Visibility (regional haze)  Air deposition (acid rain, nitrification)  Global climate change (greenhouse gases)  Odors (nuisance complaints)

3. What are the pollutants of concern?  PM 10 (directly formed particles)  PM2.5 (secondarily formed particles)  Ammonia (PM precursor)  Volatile organic compounds (ozone precursor)  Hydrogen sulfide (H 2 S)  Methane (“greenhouse” gas)  Nitrogen Oxides (NOx, an ozone precursor)

4. Ozone Nonattainment Areas for 1-Hour Standard

5. Counties Designated Nonattainment for PM10 Contigusa.shp Serious Moderate States.shp 01/2002 Classification For convenience the entire county is shown as nonattainment; however, only a portion of many counties are designated nonattainment.

6. Counties with Violating Monitors for 8-Hour Ozone and PM 2.5 Standards (based on 1999-2001 data) PM 2.5 Only 16,413,096 (60 counties) Ozone Only 62,123,154 (222 counties) Both 48,772,716 (69 counties) Totals 127,308,966 (351 counties) Population

7.  Milking Parlor  Cow Holding Area  Enteric Emissions  Feed Lanes  Silage Piles  Mechanical Separator  Settling Basin(s)  Lagoon(s)  Storage Pond(s)  Land Application  Processing Pit  Flush Lanes  Freestalls  Open Corrals  Calf Hutches  Bedding Material  Manure Piles  Emissions From Manure Disturbance  Composting  Separated Solids  Feed Bunks Emission Sources at a Dairy

8. Permitting  Air Permitting  SB700  Permit Requirements for Existing Sources Conservation Management Practices Plan – Rule 4550 Confined Animal Facility Rule – Rule 4570  Permit Requirements for New and Modifying Sources Authority to Construct (ATC) Application Best Available Control Technology (BACT) California Environmental Quality Act (CEQA) Health Risk Assessment/Ambient Air Quality Analysis CMP Plan & CAF Rule

9. Air Permitting  Air permitting regulations in California are mature (35+ years), comprehensive In SJV, over two lbs/day needs permit  But dairies were exempt from permits state law exempted all ag, incl. dairies Feds said CA ag exemption must go, or else  Senate Bill 700 (Florez) – Removed exemption in November 2003

10. SB 700 (Florez) Agriculture and Air Quality  Effective January 1, 2004  Designed to Resolve Conflict Between State and Federal Law  SB700 Entirely Eliminated Existing Permitting Exemptions  Made Farms Subject to District Permits  Generally Requires Farms to be Treated like Other Industries  District Permit Requirements Vary

11. Permit Requirements for Existing Sources  Permits Required for Dairies with >1,190 total head (or milk cow equivalent)  Conservation management Practices Plan (Rule 4550)  Confined Animal Facility (CAF) – Rule 4570

12. Conservation Management Practices (CMP) Plans - Rule 4550  Applies to dairies with over 500 mature Cows (Milk and Dry cows)  Requires dust controls on: Corrals/Manure Feed Processes Cropland Unpaved roads, vehicle travel areas

13. Confined Animal Facility (CAF) RULE 4570  Best Available Retrofit Control Technology  Applies to dairies with more than 1,000 milk cows  Flexible Options  Must select several mitigation practices from an extensive list of control options Manure Handling, Diet Manipulation, Bedding Options, Moisture Control, Lagoon Controls, many others  Option to provide different mitigations  Preliminary Rule and staff report available at: http://www.valleyair.org/Workshops/public_workshops_idx.htm#Ru le%204570

14. How New and Modifying Dairies are Affected?  Submit Authority to Construct (ATC) application prior to any construction  Subject to New Source Review Rule – District Rule 2201 Best Available Control Technology Public Notice Health Risk Assessment (HRA) & Ambient Air Quality Analysis (AAQA)  California Environmental Quality ACT (CEQA) – EIR might be necessary  CAF Rule and CMP Rule

15. When an ATC Application Required  New dairies  Modification of Existing Operations Expand herd size Install Shades Install new Emissions Unit (milk parlor, lagoon, mechanical separator, etc.) Convert open corrals to freestalls  If Uncertain, Contact the District for permitting requirements

16. Best Available Control Technology (BACT)  Achieved in Practice  Required by an EPA Approved Rule  Cost Effective and Technologically Feasible  Detail Review of Controls  Evaluate Alternatives  Promotes New and Improved Technology

17. Compliance/Enforcement with Rules/Permits  Prior to Enforcement – Education  CMP Plans Inspections – Follow up on any Complaints Inspect Facilities Where Nuisance Complaints have been Received  Permits Annual Inspection for Facilities Under Permits  Enforcement Actions

18. Summary  Permits to Operate required for any Dairy with more than 1,190 head (or milk cow equivalent)  Authority to Construct permit required for any new construction or modification after January 1, 2004 – Includes IC engines and other combustion equipment  CMP Plan required as of December 31, 2004  Application required to be in compliance with new CAF Rule (4570) by December 15, 2006

19. Contacts/References Sheraz Gill (559) 230-5900 SJVAPCD www.valleyair.org Ag Web page www.valleyair.org/farmpermits/index.htm