Agricultural Operations -
Title V
Introduction
Title V of the federal Clean Air Act requires that all major sources of air
pollution in the United States obtain federal operating permits. States and
local air pollution agencies are also required to implement a program to issue
those federal operating permits.
For as long as California air pollution control districts have been
authorized to implement air pollution permit programs for stationary sources of
air pollution, state law has exempted agricultural sources from district
permits. However, Federal law does not exempt agricultural operations from
permit requirements. Several public interest groups sued the US EPA over this
discrepancy. EPA entered into a settlement agreement resulting in EPA: 1) ruling
that California air district programs were deficient for not implementing
federal law; 2) withdrawing previous air district program approvals; and 3)
establishing a permit program for agricultural sources to be administered by the
EPA in the interim. California was required to remove the permit exemption for
agricultural sources that qualify as major sources of air pollution under
federal law.
In September, 2003, state Senate Bill 700(Florez) was signed into law. SB 700
repealed the permit exemption for all agricultural sources (except mobile
equipment, such as tractors) which had existed in the California Health & Safety
Code.
More information is below and on other pages of this website. Download a
brochure covering this info (PDF file): sb700brochure.pdf
See also
http://www.arb.ca.gov/ag/ag.htm.
What Does SB 700 Require?
SB 700:
- Requires that air pollution control districts establish permitting
programs for certain agricultural sources.
- Requires air district permit programs ensure that all federal permit
requirements are met for all major stationary sources, as defined under the
federal Clean Air Act. In San Luis Obispo County this means that
agricultural sources that have the potential to emit greater than 100 tons
per year must receive federal Title V operating permits unless actual
emissions are documented to be 50 tons per year or less.
- Requires air districts to permit larger agricultural sources (in San
Luis Obispo County this means agricultural sources that have actual
emissions greater than 50 tons per year) unless the district finds that
permits are not necessary and that they would be disproportionately
burdensome.
- Requires that prior to issuing permits to smaller agricultural sources
(in San Luis Obispo County that means sources that have actual emissions
less than 50 tons per year) air pollution control districts must make
specific findings:
- Necessity: The permit is necessary to impose or enforce reductions
of air pollutants that cause or contribute to a violation of a state or
federal air quality standard.
- Burden: Obtaining a permit would not impose a burden significantly
larger than the burden placed on other similar sources that are required
to obtain permits.
Does SB 700 Include my Agricultural Operation?
These operations are subject to SB 700:
- Vineyards
- Orchards (fruits, nuts, etc.)
- Nurseries (greenhouses, etc.)
- Vegetable & field crops
- Swine, poultry, etc.
- Feedlots
- Dairies
These operations are not subject to SB 700 but may be subject to permitting under
existing APCD rules:
- Winery/Fermentation
- Freezing/packing/storage facilities
- Biowaste energy production
More Information:
Do You Need a Federal Operating Permit?
(Calculate Emissions)
Deadlines, Details, Forms and
Instructions, Exclusions
Definitions
Frequently Asked Questions
Agriculture Operations Home Page(this page)
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information on this topic.
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