Implementation of SB 700 (Florez)

Seyed SadredinDirector of Permit ServicesSan Joaquin Valley APCD

November 4, 2003

SB 700 Summary Removes permit exemption for

Agricultural sources Requires controls for PM and PM

precursors Requires pollution control and

permits for Confined Animal Facilities

Offers off-ramps from pollution control and permitting

SB 700 – PM Controls BACM for sources subject to BACM BARCT for sources where

technology is applicable Includes tilling, discing, cultivation,

and raising of animals Include fugitive emissions Include measures for PM precursors Enforceable rules and regulations

SB 700 – BACM/BARCT Requirements (PM) Serious nonattainment areas for PM:

9/1/04 notice and hold workshop 7/1/05 adopt rules 1/1/06 commence rule implementation Submit for SIP

Socioeconomic and cost effectiveness analysis from H&S Code apply

SB 700 – BACM/BARCT Requirements (PM) Moderate nonattainment areas for

PM: By 1/1/07 adopt and implement rules

required of Serious nonattainment areas Public workshop prior to adoption Not required if finding is made that

emissions are not significant Socioeconomic and cost effectiveness

analysis from H&S Code apply

SB 700 – BACM/BARCT Requirements (PM) By 1/1/05 CAPCOA to establish a

clearinghouse of available control measures

Consult with CARB

SB 700 – Permitting Provisions Removes from the State law the

permit exemption for ALL agricultural activities

Defines “agricultural sources” I.C. Engines (including portable) Confined Animal Facilities Title V Sources Sources already regulated by districts

Title V Implications Federal permits for major sources Title V permits required (overriding provision)

1/1/05 – Title V applications due Issue 1/3 per year and finish by 1/1/07 SB 700 does not change Title V

applicability – (Fugitive emissions don’t count except when required by federal regulations)

SB 700 does not change timelines Refer to district Title V regs.

New Source Review (NSR) Implications NSR governs permitting of new sources Sources subject to federal Title I must get

permits as prescribed under Title I Existing sources are grandfathered (i.e.,

No BACT & Offsets) No offsets required for sources not

qualifying to receive Emission Reduction Credits

“Agricultural sources” as defined by SB 700 Sources with actual emission at or above

½ of the major source thresholds require permits (No rulemaking required)

Sources with actual emission below ½ of the major source thresholds CANNOT be permitted unless these findings are made: Not a large CAF subject to permits Permits necessary to enforce reductions Permits not significantly more burdensome

Fugitive emissions

Additional Requirements for CAFs 7/1/05 CARB to define Large CAFs 7/1/06 Adopt permitting and mitigation rules

for “Large CAFs” 1/1/07 “CAF permit” applications due –

district issue permits within 6 months – 30-day public notice

Sources to implement mitigation within 1 year

Districts review/update permits within 3 years

Additional Requirements for CAFs (cont’d.)

Degree of control – RACT (serious and moderate nonattainment) and BARCT (severe and extreme)

Attainment areas for Ozone can be exempted with the following finding: Large CAFs do not cause/contribute to a

violation of AAQS Attainment areas may not submit for SIP Non-Attainment areas must submit for

SIP

Permitting Off-ramps Permits not required Sources with de minimis (1 t/yr) PM10,

NOx, or VOC emissions Sources that:

Replace I.C. engines with electrical or State/EPA certified

Mitigate emissions from all ag activities Mitigate emissions from all ag equipment

Require rulemaking – NOT mandatory Available to “Large CAFs”

Permitting Off-ramps (cont’d.)

Sources that: Are large CAFs subject to

permitting Permit not necessary for reductions Permit burdensome

Requires public hearing – NOT mandatory

Permitting Timeline Ag. exemption goes away 1/1/2004 SB 700 does not provide additional

time to submit applications SJVACP rules allow 6 months to

apply for permits Synchronize Title V and regular

permitting timelines

Public Involvement Public Workshops

Outreach to affected sources Solicit public/stakeholders suggestions

on implementation strategies Solicit input and comments on

proposed regulations Public Hearings Business assistance to affected

facilities