BOARD MEETING DATE: January 10, 2003
AGENDA NO. 32
Public Hearing to 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 September 2002, the state Office of Environmental Health Hazard Assessment finalized chronic risk values for two 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 air toxics 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. Staff’s analysis indicates that there will be no significant impacts on existing sources.
COMMITTEE:
Stationary Source Committee, November 22, 2002, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the 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;
- Amending Rule 1401 – New Source Review of Toxic Air Contaminants;
- Receiving and Filing the Report on Impacts Relative to Sources Subject to Rule 1402 – Control of Toxic Air Contaminants from Existing Sources; and
- Establishing an effective date of November 1, 2003 for using the new and updated risk values in health risk assessments for Rule 1402.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
In October 1997, the AQMD Board adopted a resolution that directed staff to implement ten Environmental Justice Initiatives. One of those initiatives included reopening Rule 1401 – New Source Review of Toxic Air Contaminants, for public comment to consider adding chemicals to that rule. Rule 1401 establishes permitting requirements for new, relocated and modified sources that emit one or more of the identified TACs.
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 from exposures to TACs. This approval is considered final action by the state.
Proposed amendments to Rule 1401 will implement 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 are no anticipated impacts associated with the new or more stringent risk values under either Rules 1401 or 1402.
Rule 1402 - Control of Toxic Air Contaminants From Existing Sources requires facilities with risk assessments over specified levels to prepare and implement risk reduction plans. Rule 1402 requires staff to notify the Governing Board and affected facilities after OEHHA finalizes changes to risk values. Staff provided this report to the Governing Board on November 1, 2002. Rule 1402 also requires a report to the Governing Board within 150 days of final action by OEHHA on the potential impacts of the changes before new or updated risk factors are used for risk assessments in Rule 1402.
Proposed Amendments to Rule 1401
Table I of Rule 1401 defines the effective date for new source review for chemicals with cancer, chronic, and acute effects. 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 July 26, 2002, the SRP approved the chronic reference exposure level (REL) risk values for two compounds (phosphine and triethylamine). The final technical support documents were subsequently released by OEHHA on September 3, 2002. Table I of Rule 1401 lists those chemicals which have finalized risk values to be used in processing permits for new, relocated or modified sources.
The proposed amendment would specify an effective date for analyzing chronic impacts for the compounds with new values based on the date of Board approval. Table II of the rule continues to list those chemicals for which OEHHA has proposed risk values, but has not finalized those numbers. Phosphine is currently listed in Table I of Rule 1401 and Triethylamine, which is already listed in Table I for controlling acute health effects, will be removed from Table II. The RELs for both TACs are more stringent from that previously analyzed as a part of the July 1998 amendments to Rule 1401.
Staff conducted an assessment using the AQMD permit and AB 2588 databases to identify any additional requirements for control equipment. No additional control equipment is anticipated to be required due to the use of the new and updated chronic risk values.
Report on Potential Impacts for Rule 1402
Staff evaluated whether any additional facilities would be subject to Rule 1402 or facilities currently subject to this rule may now need to install control equipment as a result of the recent changes to risk values. Use of the new risk values is not expected to bring any new facilities under Rule 1402 or require installation of control equipment at facilities already subject to Rule 1402. For most of these facilities, the carcinogenic TACs are the predominant reason emission reductions are required. Staff recommends that the finalized risk values become effective 12 months after the report to the Board (November 1, 2003).
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 two 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) 396-2309.
Socioeconomic Assessment
No socioeconomic impacts associated with the proposed amendments and implementation of the new and updated risk values are anticipated under either Rules 1401 or 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
A public workshop was held on November 5, 2002. Approximately 15 people attended. All comments have been responded to in the staff report. 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.
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) 396-2309).
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