BOARD MEETING DATE: October 6, 2006
AGENDA NO. 35

PROPOSAL:

Adopt Proposed Rule 410 – Odors from Transfer Stations and Material Recovery Facilities

SYNOPSIS:

Proposed Rule 410 establishes requirements for transfer stations and material recovery facilities (MRFs) handling municipal solid waste.  The purpose of the proposed rule is to provide a preventative approach to reduce odors from transfer stations and MRFs.  The proposed rule will apply to new, modified, and existing transfer stations and MRFs.  Under the proposed rule, affected facilities would be required to submit an Odor Management Plan.  The proposed rule will have an exemption option for submittal of the PR 410 Odor Management Plan if the facility has an Odor Management Plan approved by its Local Enforcement Agency that is incorporated in their solid waste permit.

COMMITTEE:

Stationary Source, September 23, 2005, May 26, 2006, and July 28, 2006, September 22, 2006, Reviewed

RECOMMENDED ACTIONS:

Adopt the attached resolution:

1. Certifying the Final Environmental Assessment (EA) for Proposed Rule 410 – Odors from Transfer Stations and Material Recovery Facilities; and
2. Adopting Rule 410 – Odors from Transfer Stations and Material Recovery Facilities.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Proposed Rule (PR) 410 – Odors from Transfer Stations and Material Recovery Facilities (MRF) is designed to reduce odors from facilities conducting transfer and sorting of solid waste.  Transfer stations are where municipal solid waste, greenwaste, and construction and demolition materials are transferred from refuse trucks to larger transfer trucks for transport to disposal sites and recycling centers.  Material recovery facilities sort and separate recyclable materials from solid waste.

PR 410 is a direct result of a strategy proposed in the White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution (Cumulative Impacts White Paper).  In September 2003, the Governing Board approved the Cumulative Impacts White Paper, including Control Strategy #10, recommending development of a Pilot Odor Abatement Program in order to prevent exposure to odors.  Proposed Rule 410 is being developed in part due to the nuisance odor complaints from transfer stations and MRFs.

The AQMD staff maintains a log of complaints received from the public.  Based on the AQMD’s data from January 2001 through October 2005 there were approximately 1,500 verified complaints regarding odors from transfer stations or MRFs.  Of the 45 facilities subject to the proposed rule, 14 facilities received one or more complaints.  Although the AQMD did not receive complaints for nearly 70 percent of the 45 facilities, it should be noted that the AQMD did not have access to complaint information received by the facility, city, or the facility’s Local Enforcement Agency.  In addition, the AQMD staff visited over 15 facilities found odors in the vicinity of nearly all facilities including those without complaints.

Public Process

During the development of Proposed Rule 410, the AQMD staff worked with a Rule 410 Working Group.  The Rule 410 Working Group was composed of industry representatives, community representatives, and representatives from the CIWMB, and the AQMD.  Through the rule development process, AQMD staff received significant input from the CIWMB and other stakeholders through working group meetings, public workshops, conference calls, and correspondences.  The AQMD staff met with the Rule 410 Working Group four times.  In addition, the AQMD staff held one public workshop and one public consultation meeting to seek additional public input.

Proposed Rule 410

The purpose of Proposed Rule 410 is to establish odor management practices to reduce odors from municipal solid waste transfer stations and MRFs.  The proposed rule establishes requirements for new, modified, and existing transfer stations and MRFs within the AQMD’s jurisdiction.  Based on the California Integrated Waste Management Board’s (CIWMB) Solid Waste Information System Database, the AQMD staff has identified 45 existing transfer stations and MRFs and two planned facilities that will be affected by the proposed rule.  Proposed Rule 410 is designed to be a preventative approach that will be implemented in addition to the AQMD’s Rule 402 – Nuisance. 

Under the proposed rule, all facilities will be required to submit an Odor Management Plan (OMP).  The propose rule offers two options for submitting an OMP.  Under the first option, the facility can submit a Rule 410 OMP that the AQMD staff would review, approve, and enforce.  Under the second option, the facility can voluntarily elect to submit an Alternative OMP that the facility’s Local Enforcement Agency would approve and enforce. 

Rule 410 Odor Management Plan

Appendix A of Proposed Rule 410 outlines the specific information that must be included in a Rule 410 OMP.  In general, each Rule 410 OMP must include facility information, type and amount of solid waste and green waste handled, a protocol for handling community complaints, contact sign, paper log of odor complaints, protocol for handling odiferous loads, housekeeping activities, coverings for recyclable materials and for transfer trailers.  In addition, facilities with permitted throughput more than 250 tons per day are required to identify a specific odor control strategy for the tipping floor, and facilities with permitted throughput more than 1000 tons per day are required to identify a specific odor control strategy for the tipping floor, transfer tunnel, and MRF in a Rule 410 OMP.

Alternative OMP

Under Proposed Rule 410, a facility can voluntarily elect to submit an Alternative OMP to their LEA.  The LEA will review and ultimately approve the Alternative OMP with input from AQMD and CIWMB.  Under the proposed rule, the Alternative OMP must be incorporated in an enforceable document issued by the LEA.  In addition, the Alternative OMP must at a minimum address the odor control technique or strategy used in the tipping floor, waste transfer tunnel, and MRF.  In addition, the Alternative OMP must identify housekeeping activities, and community response procedures for the facility.

Requirements for New and Modified Facilities

Proposed Rule 410 also establishes requirements for new facilities with throughput greater than 1,000 tons per day and modified facilities with either an incremental increase in throughput greater than 1000 TPD or a cumulative throughput greater than 3,000 TPD, after modification.

Under Proposed Rule 410, new and modified facilities have two compliance options.  New and modified facilities can either enclose their operations or demonstrate that the facility has a sufficient buffer zone.  New and modified facilities that enclose their operations must meet specific requirements for the size of the opening and the ventilation.  New and modified facilities that comply through demonstration of a buffer zone must demonstrate that there are no areas zoned for residential or mixed use or schools or schools under construction within 1,000 feet of the new transfer station or MRF.  Under Proposed Rule 410, this is a one-time demonstration prior to beginning operations.

PR 410 Key Issues

Since the beginning of the rulemaking process, some industry representatives have questioned the need for PR 410.  These representatives have pointed out enforcement of Rule 402 – Nuisance has been successful in achieving changes at facilities with ongoing odor complaints, and feel that Rule 402 is sufficient to control odors from all facilities.  In addition, these representatives have stated that relatively few facilities have ongoing odor complaints and the AQMD has not received complaints for the majority of facilities.

The AQMD staff has stated that there are limitations for implementation of Rule 402 to address complaints from odors from transfer stations and MRFs.  Rule 402 is a reactive approach to public complaints, since AQMD staff must wait for public complaints and must receive a sufficient number of verified complaints to constitute a “public nuisance” prior to taking enforcement action.  Often, there is a lag in time between the complaint and inspector verification of an odor, making it difficult to address specific odor issues.  In addition, the AQMD staff believes based on site visits to over 15 facilities, that establishing minimum standards will help to reduce and minimize odors from this industry since AQMD staff experienced odors in the vicinity of nearly all facilities, even those where the AQMD did not receive complaints.

California Environmental Quality Act (CEQA)

Pursuant to California Environmental Quality Act (CEQA) Guidelines §15252 and AQMD Rule 110, the AQMD has prepared an Environmental Assessment (EA) for Proposed Rule 410.  The Draft EA concludes that implementation of the proposed project would not result in significant adverse environmental impacts.  The Draft EA was released for a 30-day public review and comment period.   The Final EA has been prepared with responses to the comments and is included as an attachment to this Governing Board package.

Socioeconomic Assessment

PR 410 would affect 45 transfer stations and MRFs in the district.  These facilities belong to the industries of solid waste collection [North American Industrial Classification System (NAICS) 562111] and MRFs (NAICS 562920).  Of the 45 affected facilities, 29 are located in Los Angeles, seven in Orange County, five in Riverside County, and four in San Bernardino County

A worst case analysis for 45 facilities indicates that the total average annualized cost of subjecting to a Rule 410 OMP is estimated at $1,654,257.  The total average annualized cost of subjecting to an Alternative OMP is estimated to be less than $1,641,535.  The difference is the filing cost of an OMP and an AOMP at the minimum. 

AQMP and Legal Mandates

PR 410 is not a control measure in the Air Quality Management Plan (AQMP).  Proposed Rule 410 was developed as a result of Control Strategy #10 in the 2003 Cumulative Impacts White Paper.

Resource Impacts

Existing AQMD resources will be used to implement PR 410.  AQMD inspectors currently respond to nuisance odor complaints.  It is expected that many of the 45 facilities subject to Proposed Rule 410 will choose to submit a Alternative Odor Management Plan (AOMP) through their Local Enforcement Agency (LEA).  The LEA currently inspects these facilities on a monthly basis.  For facilities that have an approved AOMP, the LEA will enforce the requirements of the approved Alternative OMP.  For facilities choosing to file a Rule 410 OMP, the District will be responsible for plan approval and for enforcing the requirements of the Rule 410 OMP.

In addition, AQMD resources may be used to provide assistance to facility operators to evaluate compliance options, along with assistance from industry representatives.  AQMD staff will make an effort to streamline internal procedures to accommodate the additional work within existing resources.  Implementation of the proposed rule is not expected to have an impact on AQMD fiscal resources.  No additional staff is requested.

Attachments (EXE 2.5mb)
A.        Summary of Proposal
B.        Key Issues and Responses
C.        Rule Development Process
D.        Key Contacts List
E.         Resolution
F.         Rule Language
G.        Final Staff Report
H.        Final Socioeconomic Report
I.          Final Environmental Report