BOARD MEETING DATE: June 12, 1998 AGENDA NO. 38
PROPOSAL:
Amend Rule 102 - Definition of Terms
SYNOPSIS:
The proposed amendment adds the following 11 compounds to the Group II list of Exempt Compounds in Rule 102: HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, and HCFC-151a. This proposal also moves parachlorobenzotrifluoride (PCBTF) from Group II to Group I Exempt Compounds in Rule 102.
COMMITTEE:
Stationary Source, April 17, 1998, Reviewed.
RECOMMENDED ACTION:
- Amend Rule 102 - Definition of Terms.
- Certify the Final Supplemental Environmental Assessment and Adopt the Statement of Overriding Consideration for Proposed Amended Rule 102 – Definition of Terms.
Barry R. Wallerstein, D.Env.
Acting Executive Officer
Background
Volatile Organic Compounds (VOCs) are chemical compounds that may lead to the formation of ozone in the lower atmosphere, and are therefore, controlled under federal, state, and local air pollution control laws and regulations. Compounds which have little or no potential to form tropospheric ozone are considered exempt from the definition of VOC. All compounds that appear on the list of exempt compounds are therefore, generally exempted from VOC control laws, rules, and regulations, unless otherwise stated. From time to time, the United States Environmental Protection Agency (EPA) adds chemical compounds to the list of exempt compounds, or de-lists such compounds from the federal VOC definition based on scientific evidence and technical findings.
The EPA revised the federal VOC definition in August 1997 (62 Fed. Reg. 44900, August 25, 1997) to exclude 16 compounds from the federal VOC definition. The compounds were de-listed from the federal VOC definition on the basis that they have negligible contribution to the formation of tropospheric ozone.
AQMD staff has reviewed the information published by EPA and concurs with EPA that all of the 16 compounds de-listed from the federal VOC definition have negligible contributions to the formation of tropospheric ozone. Therefore all of the 16 compounds are eligible for exemption from local VOC control rules and regulations. The AQMD Governing Board acted on 5 of these compounds in March 1998, and the 11 compounds in this proposal complete the list of 16 compounds de-listed by EPA in August of 1997.
Based on EPA’s findings and AQMD’s own review of the available information on toxicity and ozone depletion potential of these compounds, the following 11 compounds are proposed to be listed as Group II Exempt Compounds in Rule 102: HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, and HCFC-151a. Based on information received from a manufacturer showing negligible environmental impacts, the proposed amendments also move parachlorobenzotrifluoride (PCBTF) from Group II to Group I Exempt Compounds in Rule 102.
Group II exempt compounds are not VOCs; however, the AQMD knows or suspects that these compounds may be toxic, potentially toxic, upper-atmosphere ozone depleters, or responsible for other environmental impacts. AQMD provides a regulatory warning on the use of Group II exempt compounds which states that these compounds may be restricted in the future because of other environmental concerns. However, Rule 102 by itself does not restrict or regulate the use of Group II exempt compounds.
In general all of the compounds in this proposal can be used as aerosol propellants, blowing agents, fire extinguishants, and refrigerants.
Proposal
The proposed amendment to Rule 102 adds, effective on the date of adoption, the following 11 compounds as Group II Exempt Compounds: HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, and HCFC-151a. This proposal also moves PCBTF from Group II to Group I Exempt Compounds in Rule 102.
Policy Issues
There are no major unresolved policy issues.
AQMP & Legal Mandate
The California Health and Safety Code requires the AQMD to adopt an Air Quality Management Plan (AQMP) to meet state and federal ambient air quality standards in the South Coast Air Basin. The California Health and Safety Code also requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP. This proposal complies with the objectives of the AQMP and does not impact any future emission reductions or implementation of the AQMP.
CEQA & Socioeconomic Analysis
AQMD staff has evaluated the proposed amendments pursuant to state CEQA Guidelines Section 15002(k) and prepared a Supplemental Environmental Assessment (SEA) for the proposed project pursuant to state CEQA Guidelines Section 15163. The Draft SEA has been made available for a 45-day public review and comment period. No written comments were received during the period. However, minor non-substantive corrections were made clarifying the discussion on the new federal air standards and potential hazard impacts in the Final SEA.
Since use of the exempt materials would be optional, and increasing the number of exempt materials provides added flexibility, no adverse socioeconomic impacts would be expected.
Implementation Plan
The definitions in Rule 102 supersede all exempt compound definitions in other AQMD regulations including, but not limited to, Regulations III - Fees, IV - Prohibitions, XI - Source Specific Standard, and XIII - New Source Review; however, the proposed changes will have no impact on existing emission limits. In fact, this proposal may facilitate compliance with the emissions limitations of many VOC rules through the use of exempt compounds, thus lowering VOC emissions. Staff will work with all affected facilities to implement the proposed revisions, following Board action.
Resource Impacts
AQMD resources are sufficient to implement the proposed amendment and no additional impacts are expected on staff or fiscal resources.
Summary of Proposed Amendments
Rule Development Process
Key Contacts List
Resolution
Rule Language
Final Staff Report
Final Supplemental Environmental Assessment (SEA)
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