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LAKE COUNTY — Lake County Board of Supervisors (BOS) adopted an air toxics control measure Tuesday for emissions of toxic particulate matter from in-use agricultural compression ignition engines. District Rule 470 was adopted in order to comply with the state Air Resources Board”s (ARB”s) Air Toxic Control Measure (ATCM) that became effective in Oct. 2007.

The purpose of the rule is to provide an alternative equivalent local administrative program for the permitting and management of toxic air emissions from stationary compression ignition (CI) engines used in agricultural operations that is more effective and efficient than the ARB statewide ATCM.

Except as provided by exemptions defined in the section, the rule applies to any person who either sells a stationary CI engine with a maximum rated horsepower of greater than 50 brake horsepower used in an agricultural operation.

The state rule does not provide for a low use exemption Doug Gearhart, air pollution control officer for Lake County Air Quality Management District (LCAQMD) said. Therefore, he said, all older engines, whether operated or not, would require replacement if it is intended to be used after Jan. 1, 2011. Gearhart said the local rule, which provides for low use exemption, is in response to this situation.

“Local agriculture needs frost protection to prevent frost damage and crop loss. The typical frost protection engine used in the LCAQMD is operated on average between 75 to 150 hours per year, with a high of 200 hours in severe years and zero hours in other years,” Gearhart said. “Enabling a low use exemption is intended to help prevent significant crop losses that could occur should an operation not be able to replace a low use agricultural engine and assist in preventing the use of higher polluting alternatives such as orchard heaters.”

The local rule allows engines used up to 200 hours per year to be exempt from the upgrade requirements provided the engines do not generate electrical power that is fed to the grid, are not used to reduce electrical power purchased by the source and do not cause a significant health risk.

Implementation of the rule will consist of evaluating registration information, field inspections, permit processing and issuance, as well as compliance verification. The burden of proof for qualification for the low use engine exemption is upon the source seeking the exemption with the determination of qualification for the exemption the responsibility of the air pollution control officer.

District Rule 470, which is subject to state agencies” approval, can be viewed in its entirety at the office of Lake County Air Quality Management District at the Lake County Courthouse in Lakeport.

Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.

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