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Ms. Allen October 27, 2005 PA 0500686(UP) Page 2 source. whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any person. In the event the olive oil processing facility creates a public nuisance, it could be in violation and be subject to District enforcement action. This project may be'subject to one of.the.following rules: Rules 4305 or 4306 (Boilers, Steam Generators, and Process Heaters greater than 5.0 MMBtu/hour), Rule 4308 (Boilers, Generators, and Process Heaters — 75,000 to 2.0 MMBtu/hour), or Rule 4307 (Boilers, Generators, and Process Heaters —2.0 MMBtu/hour to 5.0 MMBtulhour). Please contact Manuel Salinas, Air Quality Engineer, at (559) 230-5833 for more information on Rule 4307. The applicant has been added to the District's mailing list. For further information, the applicant should contact the District's Small Business Assistance Office at (209) 557- 6446. Regulation Vlll (Fugitive PM10 Prohibitions)- Regulation Vill (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions(predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, etc. If a non-residential project is 5.0 or more acres in area, a'Dust Control Plan must be submitted as specified in Section°6.3.1 of Rule'8021. The District's Dust Control Plan template is available at: http://www.valleyat.org/busind/cbmpl /PM10/forms/DCP-Form%20-%2010-14-2004_Pdf The project will likely be subject to provisions within Rule 8021 (Construction — Earthmoving), Rule 8031 (Bulk Materials), Rule 8041 (Carryout and Track out), Rule 8051 (Open Areas), Rule 8061 (Paved and Unpaved Roads), and Rule 8071 (Unpaved Vehicle/Equipment Traffic Areas). Rule 8061 places new thresholds and requirements on limiting Visible Dust Emissions (VDE) from unpaved road segments. Rule 8071 also contains new thresholds and requirements. Current District rules can be found at http:/Iwww.Valleyair.or-q/rules/lruieslist.htm. Compliance questions should be directed to the District's Compliance Division at(559) 230-5950 or(800) 870-1037. Rule 4101 (Visible Emissions) This rule prohibits emissions of visible air contaminants to the atmosphere and applies to any source operation that emits or may emit air contaminants. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project createsa public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the use of open burning and specifies the types of materials that may be open burned. Agricultural material shall not be burned when the land use is converting From agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes.. In the event that the project applicant burned or burns agricultural material, it would be in vioiation of Rule 4103 and be subject to District enforcement action. The use permit application indicates that vineyards will be removed. The following conditions apply to the vineyard removal: - Open burning is prohibited at this project site, per Rule 4103. - All chemically treated wood (i.e. stakes and end posts) from the vineyard must be removed and disposed of properly. Treated wood shall not be shredded or chipped. - If shredding or chipping equipment is to be used for processing the vineyard waste, the equipment shall be permitted by the District, or registered by the California Air Resources Board or the District as Portable Equipment. - Visible emissions created from the shredding or chipping equipment shall not exceed 20 percent opacity or Ringlemann 1 and any standard specified on a Permit to Operate or Portable Equipment Registration Certificate.