South Coast Air Quality Management District
South Coast Air Quality Management District
BOARD MEETING DATE: August 18, 2000 AGENDA NO. 33
Amend Rule 1401 – New Source Review of Toxic Air Contaminants, and Report on Impacts Relative to Sources Subject to Rule 1402 – Control of Toxic Air Contaminants from Existing Sources.
SYNOPSIS:
In February and April 2000, the Scientific Review Panel and the Office of Environmental Health Hazard Assessment finalized chronic risk values for approximately 39 compounds. Rule 1401(e)(2) and (e)(3) require an analysis and report to the Board before new and updated risk factors, respectively, are used for new source review. Proposed amendments to Rule 1401 will update the list of compounds and effective dates in Table I. In addition, Rule 1402(j)(4) requires an analysis of the potential impacts on sources subject to Rule 1402 prior to use of new or updated risk factors for facility-wide health risk assessments.
COMMITTEE:
Stationary Source, June 23, 2000, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
Barry R. Wallerstein, D.Env.
Executive Officer
In February and April 2000, the state approved chronic risk values for 39 compounds, 76 individual chemicals. Proposed amendments to Rule 1401 will implement the newly approved risk values under the AQMD’s toxics new source review program. This Board letter also fulfills a requirement in Rule 1402 for an impact assessment before new or revised values are used for facility-wide assessments. No changes are being proposed for Rule 1402. Staff conducted an analysis which indicates that there are no anticipated impacts associated with the new or more stringent risk values under either Rules 1401 or 1402.
Background
Toxic Air Contaminants and Environmental Justice Initiatives
Exposure to toxic air contaminants (TACs) can increase the risk of contracting cancer or result in other deleterious health effects. Other noncancer health risks associated with TAC exposure include birth defects and other reproductive damage, neurological, respiratory, and other adverse health effects.
The Office of Environmental Health Hazard Assessment (OEHHA) establishes risk exposure levels for TACs. The Scientific Review Panel (SRP) reviews and approves the methodologies used to develop these risk values, thereby finalizing these values for use by state and local agencies in assessing risk exposures from the TACs. This approval is considered final action by the state.
In October 1997, the South Coast Air Quality Management District’s (AQMD) Governing Board adopted a resolution that directed staff to implement ten Environmental Justice Initiatives. One of those initiatives was to reopen, for public comment, Rule 1401 - New Source Review of Toxic Air Contaminants, and Rule 1402 - Control of Toxic Air Contaminants from Existing Sources.
Rule 1401
Rule 1401 was adopted in June 1990, and then amended in December 1990. Since initiation of the Environmental Justice Initiatives, Rule 1401 has been amended five times: July 1998; January, March, and August 1999; and March 2000.
Rule 1401 establishes permitting requirements for new, relocated and modified sources that emit one or more of the identified TACs. The July 1998 and subsequent amendments resulted in significant progress under Environmental Justice Initiative #10 by regulating more compounds and adding noncancer assessment requirements.
The current amendments to Rule 1401 are being proposed to implement chronic risk values for 39 compounds (76 individual chemicals) that were recently approved by the state. Pursuant to the requirements of Rule 1401, this staff report contains an analysis of the impacts associated with these risk values. An analysis has been conducted for those impacts that are in addition to those that were previously analyzed in conjunction with the July 1998 Rule 1401 amendments. Therefore, the analysis focuses on those chemicals whose chronic risk values are more stringent or not analyzed as part of the 1998 amendment.
Rule 1402
Rule 1402 - Control of Toxic Air Contaminants From Existing Sources was adopted by the AQMD's Governing Board on April 8, 1994 and amended on March 17, 2000. The rule requires facilities within the AQMD's jurisdiction whose facility-wide TAC emissions exceed a cancer risk level of 25-in-one million or a chronic or acute hazard index (HI) of 3.0 to reduce their TAC emissions below these risk levels.
Rule 1402 requires staff to promptly notify the Governing Board and affected facilities after OEHHA finalizes the addition of a new Toxic Air Contaminant (TAC) or changes to a risk value. Staff provided this report to the Governing Board on May 19, 2000. Rule 1402 also requires that staff provide a report that assesses the potential implications of the finalized risk values on existing facilities to the Governing Board within 150 days of final action by OEHHA before new or updated risk factors are used. The findings from this assessment are summarized below.
Future Changes
The SRP will be considering finalizing additional chronic risk values over the next 12 months. Due to the large number of chronic compounds (approximately 80 remaining), the SRP will be evaluating and considering approval of the OEHHA proposed risk values in two more groups of approximately 40 compounds.
Proposal
Rule 1401
Table I of Rule 1401 defines chemicals with cancer, chronic, and acute effects based on the SRP. Rule 1401(e)(2) and (e)(3) require an analysis and report to the Board before new and updated risk factors, respectively, are used for new source review. This includes a requirement for the AQMD to bring proposed amendments to the rule to update the list of TACs within 150 days of final action by OEHHA. On February 1 and April 13, 2000, the SRP approved the methodologies and chronic risk values for 39 compounds, representing 76 individual chemicals. The final technical support documents were subsequently released by OEHHA on February 23 and April 25, 2000, respectively.
The proposed amendment would specify an effective date for analyzing chronic impacts as part of the permitting process based on the date of Board approval. The proposed revisions would add eight compounds for which OEHHA has established new chronic risk values to Table I. In addition, the revisions will specify an effective date for analyzing chronic impacts for 67 chemicals that are currently listed in Table I. Of these, 44 RELs increased (less stringent) and 23 decreased (more stringent). One chemical had an REL the same as previously analyzed and has consequently been made effective as of February 23, 2000.
An impact assessment was conducted to identify the potential number of affected permits on an annual basis that may require further emission controls to reduce TAC emissions to a level below a hazard index of 1.0. Staff conducted an extensive assessment using the AQMD permit and AB 2588 databases to identify any potential impacts. As a result, it was found that no additional emission controls would be required due to the use of the new and updated chronic risk values beyond that previously analyzed under the impact analysis conducted in conjunction with the July 1998 Rule 1401 amendments. On this basis, staff has concluded that there are no anticipated impacts associated with the Rule 1401 amendment.
Additional amendments to Rule 1401 are proposed to clarify applicability under the rule for arsenic compounds and to delete acetone from the rule, concurrent with state recommendations.
Report on Potential Impacts For Rule 1402
The objective of this analysis was to identify facilities that may be affected by the new or revised chronic risk values. Staff evaluated whether any additional facilities would be subject to Rule 1402 or facilities may now need to install add-on control equipment as a result of the recent changes. The analysis targeted AB2588 facilities that are using one or more TACs whose chronic RELs were changed or added by OEHHA. The analysis excluded the industry-wide category facilities identified in Rule 1402 since each industry will be evaluated during rule development.
The results of this assessment indicated that the new and revised chronic risk values are not expected to bring any new facilities under Rule 1402. In addition, the assessment indicated that no additional facilities are expected to install add-on controls. Since the new TACs and revised RELs impacted only the chronic health effects of the TACs, and the reason most AB2588 facilities have to add controls is due to carcinogenic TACs, minimal impacts on facility-wide hazard indices were observed.
Under Rule 1402, the finalized risk values are effective 12 months after the report to the Board (May 19, 2001) unless the Board approves a different implementation schedule. Staff recommends an implementation date of May 19, 2001.
California Environmental Quality Act (CEQA)
Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15164, the SCAQMD has prepared an Addendum to the July 1998 Final Environmental Assessment (EA) for Rule 1401 – New Source Review for Toxic Air Contaminants, and March 2000 Final Environmental Assessment (EA) for Rule 1402 – Control of Toxic Air Contaminants from Existing Sources, to address the update of chronic risk factors for toxic air contaminants. The Addendum to the Final EA concluded that the proposed 76 new chronic risk factors would not create any new significant adverse impacts or make substantially worse any existing significant adverse impacts generated by the original project. The proposed modification will not change the environmental analysis or conclusions in the previously certified Final EAs. Pursuant to CEQA Guidelines §15164 (c), an addendum need not be circulated for public review. Previously released CEQA documents can be obtained from the SCAQMD’s Public Information Center by calling (909) 396-3600.
Socioeconomic Assessment
Based on a review of emissions and permitting history, and the new revised risk values, no permitted equipment are anticipated to require additional controls to meet requirements of Rule 1401. Similarly, the new and updated risk values are not expected to bring any new facilities under Rule 1402 or cause facilities already under Rule 1402 to install add-on controls. Consequently, there are no socioeconomic impacts associated with the proposed amendments and implementation of the new and updated risk values under either Rules 1401 and 1402.
AQMP and Legal Mandates
Rule 1401 is a program that is in part mandated by state and federal requirements. The proposed changes to Rule 1401 are consistent with CARB guidelines for toxic new source review.
Public Input
Staff worked with the Rules 1401 and 1402 Working Group to discuss the methodology and results of the assessments. A public workshop was held on June 22, 2000. Approximately 40 people attended. No major issues were raised.
Implementation Plan
Existing AQMD resources will be used to implement the rule. The Risk Assessment Procedures for Rules 1401 and 212 (guidance document) will be updated for use in analyzing permit applications for new, modified or relocated equipment emitting the affected compounds.
Attachments
Summary of Proposal
Key Issues and Responses
Rule Development Process
Key Contacts List
Resolution
Proposed Amended Rule
Staff Report
Addendum to the July 1998 Final Environmental Assessment (EA) for
Rule 1401 – New Source Review for Toxic Air Contaminants,
and March 2000 Final Environmental Assessment (EA) for
Rule 1402 – Control of Toxic Air Contaminants from Existing Sources (Copies of
final EAs are provided for AQMD Board Members only – others may obtain copies
by calling the Public Information Center at (909) 396-3600)
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