BOARD MEETING DATE: November 5, 2004
AGENDA NO. 30

Discussion on Proposed Rule 1401.1 – Requirements for New and Relocated Facilities Near Schools

SYNOPSIS:

The White Paper titled Potential Control Strategies to Address Cumulative Impacts from Air Pollution included Control Strategy No. 2: More Stringent Requirements for New Sources Located Near Existing Schools and Possibly Other Sensitive Receptors. To further develop this control strategy, AQMD staff conducted an analysis to identify the types of facilities with potential toxic emissions impacts that have been recently issued permits that are near schools. AQMD staff is releasing a concept paper regarding the results of this analysis for a 60-day public review.

COMMITTEE:

Stationary Source, October 22, 2004

RECOMMENDED ACTION:

Receive and file.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

In September 2003, AQMD staff presented a White Paper, Potential Control Strategies to Address Cumulative Impacts from Air Pollution (White Paper), to the Board. The White Paper contained recommendations for numerous strategies to reduce cumulative air pollution impacts. Strategy 2 was a proposal to look into amending Rule 1401 – New Source Review of Toxic Air Contaminants to make the risk requirements more stringent for new or relocated facilities near existing schools and possibly other sensitive receptors. At the September 2003 Board meeting staff committed to a two-step hearing process to first identify key policy issues and seek direction prior to the rule adoption hearing. In maintaining the intent of a two-step process, the AQMD staff has prepared the attached concept paper as part of the first step. After a 60-day public review and comment period, staff will return to the Board for a pre-hearing to highlight policy issues for further refinement of staff’s proposal during rule development.

Objective

The purpose of Strategy 2 is to address cumulative toxics impacts near existing schools and possibly other sensitive receptors. The concept is to make more stringent requirements for new and relocated toxic sources locating near existing schools, thereby minimizing the impact of toxic emissions to school children. Because existing schools within the District are already subject to the combined effects of mobile and area sources as well as permitted facilities nearby, Strategy 2 proposes strict guidelines for additional risk from any new source. Initially the project will address existing schools and may later be expanded to address other sensitive receptors, such as medical facilities and commercial day care centers.

Public Process

The Cumulative Impacts Working Group provided input on Strategy 2 during development of the White Paper on cumulative impacts. In addition, a meeting of the Rule 1401.1 Working Group was held on December 11, 2003 to further discuss options for implementing the strategy. A second meeting of the Rule 1401.1 Working Group was held on October 26, 2004 at which the concept paper was discussed. Following release of the concept paper, there will be a 60 day period for public review and comments.

Recommendation

Staff has prepared the attached concept paper for Strategy 2. The paper includes data analysis done thus far to identify sources and determine impacts of more stringent risk requirements for new or relocated facilities near existing schools. Staff recommends a new rule, Proposed Rule 1401.1 to address toxic risk from new and relocated facilities locating near existing schools. The proposed rule would require a facility-wide cancer risk level of one-in-one million and acute and chronic hazard indices of 1.0 at the school. Staff recommends a 60-day public review and comment period for the concept paper. Following the public review, staff will return to the Board in Spring 2005 for a pre-hearing with recommendations for rule development for Proposed Rule 1401.1.

Attachment (ZIP - 241kb)

Concept Paper

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