South Coast Air Quality Management District

Amend Rule 1166 – Volatile Organic Compound Emissions From Decontamination Of Soil

SYNOPSIS: 

The proposed amendments will improve enforceability of Rule 1166 by requiring: (1) that contaminated soil stockpiles be sprayed with a vapor suppressant and covered with plastic sheeting; (2) a daily inspection of the covered stockpile; and (3) that records be kept of chain of custody between generator, transporter, storage and treatment facilities.

COMMITTEE: 

Stationary Source March 23, 2001, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the Notice of Exemption completed in compliance with the CEQA review process (California Public Resources Code Section 21000 et seq.); and
   
   
2. Amending Rule 1166.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 1166 – Volatile Organic Compound Emissions from Decontamination of Soil was first adopted in 1988. The rule is designed to reduce volatile organic compound (VOC) emissions during excavating, grading, transporting and treating of contaminated soil.

The rule was amended in 1995 to place the compliance responsibility on the person conducting the excavation instead of the site owner. An additional alternative notification procedure was added for clarification allowing alternative means of notification.

The AQMD is proposing amendments to Rule 1166 in order to improve clarity and enforceability of the rule requirements.

Proposal

With the proposed amendments to Rule 1166, staff proposes to add an important set of requirements to the rule language. These requirements are currently found in the District Mitigation Plans that are issued to contractors subject to this rule. Adding these requirements to the rule is designed to improve the clarity of the rule and, most importantly, its enforceability. Key plan requirements are added to the main body of the rule and all of the general plan requirements are added as a new Attachment A to the rule.

The soil decontamination industry is engaged in excavation, grading, handling and treatment of soil that is contaminated with VOC containing materials due to leakage from underground storage tanks and associated piping. The industry’s activities are conducted throughout the air basin and includes approximately 150 licensed contractors who conduct approximately 250 excavations each year.

The industry has substantially improved its compliance with this rule since it was adopted in 1988. This has resulted in a 70 percent reduction in complaints from surrounding residences and businesses.

In summary, the plan requirements that would become part of the rule require the following from the responsible contractors:

1. Prompt monitoring and detection of contaminated soil;
2. Mitigation of VOC emissions through spraying and prompt covering of stockpiles;
3. Prompt transport and/or treatment of soil; and
4. Maintenance of verifiable chain of custody records for the soil that is handled and treated.

Public Input

Staff conducted a public workshop on Proposed Amended Rule 1166 on February 20, 2001. The questions raised at this workshop centered on questions of interpretation of the plan requirements. Staff believes that all questions have been resolved to the satisfaction of the affected industry and the general public.

California Environmental Quality Act (CEQA)

Staff has reviewed the proposed amendments pursuant to state (CEQA) Guidelines Section 15002(k)(1) – Three Step Process, and concluded that the proposed amendments do not have the potential to significantly adversely affect air quality or any other environmental area. The proposed project, therefore, qualified for a "General Rule" exemption pursuant to state CEQA Guidelines Section 15061(b)(3) – Review for Exemption, since it can be seen with certainty that there is no possibility that the proposed activity in question may have a significant effect on the environment. A Notice of Exemption has been prepared pursuant to CEQA Guidelines Section 15062 – Notice of Preparation, and will be filed with the County Clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed rule amendments.

Socioeconomic Analysis

The proposed amendments to Rule 1166 will codify existing AQMD mitigation plan requirements for the decontamination of excavated soil. The recordkeeping and monitoring requirements for facilities will be the same as the existing requirements contained in facility and area-wide mitigation plans. Additionally, the proposed amendments will clarify existing requirements and improve rule enforceability. Therefore, no significant socioeconomic impact is expected.

Resource Impact

Implementation of Proposed Rule 1166 amendments can be accomplished with no adverse impact on AQMD’s resources or budget.

Attachments (1,668 KB)

Summary of Proposal
Key Issues and Responses
Rule Development Process
Key Contacts List
Resolution
Proposed Rule Language
Staff Report
Notice of Exemption

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