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Rule would partially withdraw a portion California's air permitting
program for agricultural sources
SAN FRANCISCO - The U.S. Environmental Protection Agency announced
today that it is proposing a rule that would withdraw a portion of
California's title V air permitting program from state control and turn
responsibility over to the federal government.
Today's proposal will be published in the federal register tomorrow
and is subject to a public comment period which closes on Sept. 3. The EPA
is working closely with the USDA, the farming community and the local air
districts to develop a program that identifies workable solutions and
reasonable approaches to agricultural air emissions.
The EPA approved California's title V program last December, which
covers all major air pollution sources throughout the state, and set a
3-year timeline to study agricultural air pollution. The agency's approval
was challenged by 3 environmental coalitions because California state law
exempts major agricultural operations from title V permit requirements,
which is inconsistent with the Clean Air Act. A May settlement agreement
between the EPA and the 3 groups required the agency to propose a rule
giving the EPA responsibility for ensuring that large agricultural
operations in California that emit major amounts of air pollution obtain
operating permits as required under the Clean Air Act. Today's proposed
rule allows the state to continue its existing permitting program for other
stationary air pollution sources.
"California state law needs to comply with the Clean Air Act," said
Jack Broadbent, the EPA's air division director for the Pacific Southwest
region. "As soon as California removes the agricultural exemption from
state law, the EPA will return the permitting authority to the state."
The EPA anticipates that the vast majority of stationary
agricultural sources will not require permitting and expects that the
program will not impose any substantive new restrictions on agricultural
operations. Sources that may require permits include facilities with large
stationary diesel engines and large animal feeding operations.
Applicability of the permit program depends on where sources are located
and the air quality rating of that area. Plowing or harvesting field
activities will not trigger permitting requirements under the title V
program.
If California does not remove the exemption, the entire state could
be subject to stricter emission reduction ratios in high pollution areas and
possible highway funding freeze.
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