April 10, 2009

Weekly Update is a publication written by the staff at Western United Environmental Services (WUES) to show you how our organization can assist you with your environmental challenges. Each week you will receive valuable information and helpful tips from the team at WUES. Our purpose is to help you comply with the Waste Discharge Requirements from the Central Valley Regional Water Quality Control Board. If you missed any of our publications, you can find them in the “Newsletters” section of our website at www.wuenvironmental.com.

District to suspend emissions rule following environmental suit 

The San Joaquin Valley Air Pollution Control District announced this week that in May it will suspend Rule 4570 which regulates emissions from dairies and other confined animal facilities. The suspension comes after a state appeals court ruled that the district did not sufficiently address the public health impact of the rule. The district’s governing board will hear at its regular May meeting a staff recommendation to set aside the rule’s enforcement until the health study has been completed. The Fifth Appellate District Court ruling came in response to a lawsuit filed in July 2006 by the Association of Irritated Residents (AIR) challenging the rule on a number of substantive issues and one procedural matter regarding the adequacy of the staff report on the public health impact.

Rule 4570 (Confined Animal Facilities) covers about two-thirds of the confined animals in the air basin. Adopted in June 2006, it requires affected facilities to use waste and feed management practices to reduce the release of contaminants—VOCs, ammonia and methane. It also calls for compliance testing, sets up a compliance schedule, and establishes recordkeeping requirements for all facilities.

“We are disappointed that Bay Area attorneys representing AIR rejected our proposal to leave the rule in place and continue the progress that we have made in significantly reducing dairy emissions,” said Seyed Sadredin, the district’s executive director and air pollution control officer. “Setting the rule aside at the peak of the valley’s ozone season is not in the best interest of the valley residents.”

To minimize the impact of this rollback, the district is asking the dairy industry to voluntarily comply with the rule. “The valley’s agricultural industry has been integral in the air basin’s progress toward cleaner air. However, given the current state of economy and the historically low milk prices, I’m afraid that some dairies may take advantage of the relief that this rule revocation would provide,” Sadredin said. “This rule is the most stringent dairy rule in the nation and has served as a model for other regions throughout the state.”

Western United Dairymen president Ray Souza said California’s dairy families “continue to be committed to our role in enhancing air quality in the San Joaquin Valley. This is not a responsibility that dairy families will shy away from. We are proud of the role that we play, along with our fellow Californians, in making our state a better place to live.”

WUD’s field and environmental staff will “continue to work with our members to help with their continued compliance with these regulations,” said CEO Michael Marsh. “Dairy producers have made great strides, at a considerable financial cost, in implementing these regulations. They will continue to rely on science-based approaches to these complex and critical air quality issues. Our members are not about to walk away from the responsible, thoughtful approach they have taken to solving our valley’s air quality problems.”

The air district has prepared a draft health assessment that is available for public review and comment. District staff will recommend at the May board meeting that the rule’s enforcement be suspended until the health study is completed. The board will then consider the health study at its June meeting and decide whether to re-adopt the rule in its original form or to direct staff to begin the public process for amending the rule.

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