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BOARD MEETING DATE: December 6, 2002 AGENDA NO. 28



REPORT: 

Stationary Source Committee

SYNOPSIS: 

The Stationary Source Committee met Friday, November 22, 2002. Following is a summary of that meeting. The next meeting will be January 24, 2003, at 10:30 a.m., in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file.

Jon Mikels, Acting Chair
Stationary Source Committee


Attendance

The meeting began at 10:35 a.m. Present were members Jon Mikels, acting Chair (left meeting 11:20 a.m.), Jane Carney, (chaired after 11:20 a.m.), and Cynthia Verdugo-Peralta, and Dr. William Burke by videoteleconference. Absent were Ron Loveridge, Norma Glover and Leonard Paulitz.


INFORMATIONAL ITEMS

  1. Proposed Amended Rule 1113 - Architectural Coatings
    Dr. Laki Tisopulos, Assistant Deputy Executive Officer, Planning, Rule Development & Area Sources, gave a brief status report on Proposed Amended Rule 1113 - Architectural Coatings. Rule 1113, which was amended on May 14, 1999, achieves approximately 21.8 tons per day of VOC emission reductions. That amendment has been determined by the appellate court to have been improperly adopted. To ensure that VOC reductions are still timely achieved, staff is proposing to re-adopt the May 14, 1999 amendments with proposed changes to various compliance dates and other clarifying changes, while vacating the specific amendments adopted on May 14, 1999. The Public Hearing is set for December 6, 2002.
  1. Status Report on Proposed Amended Rule 1105.1 - Fluid Catalytic Cracking Units
    Larry Bowen, Planning and Rules Manager, briefed the committee on the status of a significant rulemaking project to control PM10 and ammonia emissions from fluid catalytic cracking units (FCCU's) at refineries. Adoption of a rule for these units will implement AQMP Control Measure CMB-09, the last remaining stationary source PM10 measure in the Plan. The rule will apply to the six FCCU's currently operating in the AQMD.
  2. This proposed rule has been actively under development for about a year and has employed an industry/staff working group, multiple workshops and consultation meetings and has been one of the topics for the Chairman's Ad Hoc Refinery Committee.

    The proposed rule will establish emission standards for filterable PM10 and ammonia. Although a standard for condensable particulate has been considered, it will be identified for further study in this proposal, to allow resolution of significant issues. Although a condensable standard will not be proposed, the filterable PM10 and ammonia standards are expected to result in reductions of the condensable particulate emissions as well.

    Staff is continuing to work the proposal with the affected parties and has targeted March 2003 for public hearing and consideration by the Board.

  1. Cumulative Impacts/Potential Regulatory Strategies
    Dr. Elaine Chang, Deputy Executive Officer, Planning, Rule Development & Area Sources, gave a briefing on staff's efforts to implement the Governing Board's directive to evaluate the feasibility of potential regulatory approaches to reduce cumulative impacts. Staff is planning a report to the Board at its January 2003 meeting and will propose a process for further evaluation of this complex issue. Staff has held internal and external brainstorming sessions. Staff proposes that the scope be centered on air toxics and that focus be made on specific neighborhood and community areas. Since AQMD has jurisdiction over permitted sources, area sources, and CEQA projects, staff recommends that this be the focus for identifying approaches.
  2. Dr. Chang further described the current approach for air toxics, the AQMD's many existing integrated programs, and recent subregional analyses related to toxics. Staff's concepts for design principles include no redlining, not interfering with local land use decision authority, assuring timely permitting and CEQA decisions, and give attention to resource considerations. Five options have been identified through preliminary staff brainstorming which were briefly described. Staff believes this will facilitate discussions with stakeholders.

    Staff stated that ARB was supportive of AQMD's efforts in this area. Preliminary input from the industry groups included establishing a joint working group and limiting the scope to cancer impacts. Three additional design principles were suggested: certainty, a risk-based rather than an emission-based approach, and a programmatic or holistic approach. Industry groups suggested updating MATES II data based on recent regulatory actions and that EJ or disproportionate areas be defined to help establish priorities. There was also a suggestion made that AQMD recommend reductions from mobile sources.

    Staff also had a brainstorming meeting with several environmental and community groups for their preliminary input. An additional brainstorming session was recommended with environmental and community groups before establishing a joint working group. The environmental and community groups would also like to include chronic impacts and particulates. These groups recommend analyzing broad areas around facilities and designing mitigation for narrow areas. Regarding input on design principles, it was recommended that AQMD should work to influence land use decisions; consider cross media impacts and coordinate with other agencies, and develop programs to enable growth in EJ areas only if there is no pollution increase.

    Regarding land use, Ms. Verdugo-Peralta asked what agencies can we help with better decisions, such as schools. Dr. Chang responded that this can be addressed through CEQA and working with other agencies.

    Ms. Carney asked if enhancements to CEQA will be proposed in January. Dr. Chang clarified that this looks like a promising option that would not require rule development. In January, staff will seek Board direction to proceed with a variety of options.

    In January, staff will recommend: (1) taking more time to evaluate these issues, and (2) bringing a white paper with more specific recommendations to the Board in June. Rule development could then proceed.

  1. Rule 1426 - Metal Finishing
    Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chrome Acid Anodizing Operations

    Jill Whynot, Planning and Rules Manager, gave a briefing on Proposed Rule 1426 - Metal Finishing, and Proposed Amended Rule 1469 - Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing. These rules are being developed as a pilot negotiated rulemaking to implement Initiative #8 of the Board's Strategic Alliance Initiative. There have been a total of nine working group meetings, ten meetings of three subcommittees, and several other site visits and meetings. A public workshop was held on October 8, 2002.
  2. In the Basin, there are approximately 135 facilities doing chrome plating, approximately 180 facilities that are doing nickel plating, and approximately 65 facilities doing cadmium plating. The risks from these facilities range from <10 to >100 in a million. To reduce emissions from chrome plating, the following items are being discussed: certifying fume suppressants, upgrading or adding controls, and considering additional requirements for facilities near residences or sensitive receptors. The negotiated rule working group is making progress toward developing a consensus proposal.

    For Proposed Rule 1426, a two-step process is recommended. The process for reducing emissions from other metals include data collection, assessing needs for controls for future rule development, working with industry to streamline collection of process data, and housekeeping and operational requirements. After evaluation, amendments to Rule 1426 to add control requirements could be proposed. Future meetings include additional working group and subcommittee meetings, a Set Hearing in January 2003, and a Public Hearing in February 2003. A report on the pilot negotiated rulemaking process will be discussed at the Board Meeting in March 2003.

  1. Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants
    Jill Whynot, Planning and Rules Manager made brief comments on Proposed Amended Rule 1401, which is schedule for public hearing in January 2003. This is a change in risk values for 2 chemicals due to an update by OEHHA. No impacts are anticipated.
  1. Status Report on Proposed Rule 1127 - Emission Reductions from Livestock Waste
    Dr. Julia Lester, PM10 Program Supervisor, provided an abbreviated status report on Proposed Rule 1127 - Emission Reductions from Livestock Waste. The 1999 AQMP SIP commitment for the livestock waste control measure (WST-01) called for adoption of Proposed Rule 1127 by 2002 and implementation beginning in 2004 to achieve a 3.3 tpd VOC reduction from baseline emission levels in the 1999 AQMP. Due to relocations of dairies out of the Basin and the impact of new water quality regulations, 2001 ammonia and VOC emissions from dairy waste have dropped about 30% from 1993 emission levels. VOC emission reductions in 2001 (3.5 tpd), 2006 (4.2 tpd) and 2010 (4.8 tpd) exceed the 1999 AQMP SIP commitment without the implementation of further air quality controls. This information will be presented in a WST-01 Implementation Status Report to the Board in December 2002. To meet the ammonia emission reduction goals, additional ammonia reductions will be necessary through the implementation of Proposed Rule 1127. Proposed Rule 1127 is currently scheduled for Board consideration in March 2003.
  1. Report on Rule 1162 - Polyester Resin Operations
    This item was carried over to the January meeting.
  1. Power Plant Emission Control Technology
    This item was carried over to the January meeting.


WRITTEN REPORTS

All written reports were acknowledged by the Committee.


The meeting was adjourned at 11:30 a.m.


Attachments

November 22, 2002 Committee Agenda (without attachments)

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