Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The operator may voluntarily prepare an Odor Best Management Practice Feasibility Report (Report) or the EA may require the operator to prepare a Report after consecutive or chronic odor violations as determined pursuant to section 17896.31(f).
(b) The Report shall:
(1) Present representative and correlating odor data for each potential onsite odor source including but not limited to: odor severity, odor characteristics, time and weather conditions when data was collected, description of operations associated with the source, and any odor impacts or complaints received;
(2) Identify, based on data required in subdivision (b)(1), which onsite odor sources are and are not contributing to odor impacts and rank those contributing to the odor impacts (complaints/violations) in order of impact;
(3) For odor sources contributing to odor impacts, as identified above in subdivision (b)(2):
(A) List of all best management practices (BMPs), using the Comprehensive Compost Odor Response Project (CCORP) or other industry-accepted practice(s) as a guideline, which the operator has used to minimize odor and analyze each BMP for the following:
1. The effectiveness of the BMP in reducing odor impacts;
2. The potential for more extensive use of the BMP to minimize odor impacts described by complainants;
3. If the BMP has been operationally practical and if more extensive use of the BMP would be operationally practical;
4. The approximate cost to implement a more extensive use of the BMP;
5. Any permits or permit changes necessary to use the BMP more extensively;
6. Overall recommendation if existing BMPs should be continued and if more extensive use of the BMP is recommended; and
7. If the BMP has been found to be ineffective (include supporting data).
(B) List of all potential best management practices (BMPs), using the Comprehensive Compost Odor Response Project (CCORP) or other industry-accepted practice(s) as a guideline, which the operator has not used and analyze each potential BMP to determine:
1. The potential for the BMP to reduce odor impacts described by complainants;
2. If the BMP is operationally practical;
3. The approximate cost to implement the BMP;
4. Any permits or permit changes necessary to use the BMP; and
5. Overall recommendation and ranking of implementing the BMP.
(C) Develop a plan and schedule for implementing the BMP(s) that are recommended, based on the analysis conducted pursuant to subdivision (b)(3)(A) and (B).
(c) The operator shall submit the Report required by subdivisions (a) and (b), and the plan and schedule required by subdivision (b)(3)(C) to the EA and the Department for review. If the EA has required the operator to prepare a Report pursuant to subdivision (a), the operator shall submit the plan and schedule within 14 days or other timeframe approved by the EA.
(d) The EA, in consultation with the Department, shall within 30 days:
(1) approve the Report and associated plan and direct the operator in writing to implement the plan in whole or in part; and/or
(2) direct the operator in writing to submit specific changes or additional information within a timeframe specified by the EA.
(e) The EA may issue a Notice and Order pursuant to section 17863.4(f) to carry out subdivision (d)(1) or (d)(2).
1. New section filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
Note: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1, Public Resources Code.
