BOARD MEETING DATE: September 7, 2007
AGENDA NO. 41

PROPOSAL:

Amend Rule 1175 – Control of Emissions from the Manufacture of Polymeric Cellular (Foam) Products

SYNOPSIS:

The proposed amendments establish an alternative compliance option that has equivalent emission reduction benefits to the existing rule for expanded polystyrene block manufacturing operations.

COMMITTEE:

Stationary Source, July 27, 2007, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the Notice of Exemption for the proposed amendments to Rule 1175 – Control of Emissions from the Manufacture of Polymeric Cellular (Foam) Products;
2. Amending Rule 1175 – Control of Emissions from the Manufacture of Polymeric Cellular (Foam) Products.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 1175, as adopted in 1989 and revised in 1990, controls VOC, chlorofluorocarbon (CFC), and methylene chloride emissions from expanded polystyrene foam molders, direct injection polystyrene foam extrusion (XPS), polyurethane, isocyanurate and phenolic foam operations. Typical products include insulation board, food containers and plates, cups, ice chests, molded packaging materials, and packaging peanuts. All steps of the manufacturing operation and final product storage for the first 48 hours for expandable polystyrene (EPS) foam molding operations after product manufacture are subject to the requirements of this rule. For all other polymeric cellular manufacturing operations, the requirements are the same except that ventilation of the fugitive storage emissions is for a 24 hour period, rather than for 48. The rule currently requires that both manufacturing and residual product storage VOCs be controlled by capturing and destroying the VOCs by 90 and 95 percent, respectively.

Alternatively, facilities engaging in EPS molding operations may demonstrate that the volatile organic compound (VOC) emissions, from delivery of the beads, through all manufacturing steps, as well as fugitive molded product storage emissions are less than 2.4 pounds per 100 pounds of raw beads.

Proposal

The proposed amendment has been developed in response to requests from industry for additional compliance flexibility, and focuses on recent advances in the low-pentane bead and molding technologies. It provides block molding manufacturers, that commit to conduct a significant fraction of their molding operations with low-pentane bead, while curtailing the use of higher-pentane bead, with a more flexible and cost-effective compliance alternative. Under this alternative, rather than controlling manufacturing and storage emissions by 85.5 percent as required under the current rule, a block manufacturer will be allowed to over control manufacturing emissions, in lieu of controlling the storage emissions. The proposed overall control efficiency of the manufacturing emissions is 93 percent. This alternative will provide compliance flexibility, and pollution prevention, while resulting in equivalent or superior environmental benefits. In addition, staff has added definitions and clarifying language.

AQMP and Legal Mandates

The California Health and Safety Code requires the AQMD to adopt an Air Quality Management Plan (AQMP) to meet state and federal ambient air quality standards within the South Coast Air Basin. In addition, California Health and Safety Code requires the AQMD to adopt rules and regulations that carry out the objectives of the AQMP. Although the goal of the AQMP Control Measure #PRC-07 is to further control VOC emissions from industrial processes and could apply to Rule 1175, the proposed amendments do not result in additional emission reductions; however the amendments are consistent with AQMP objectives.

This proposal does not impose a new emission limit or standard, make an existing emission limit or standard more stringent or impose new or more stringent monitoring, reporting or recordkeeping requirements and therefore is not subject to the comparative analysis provisions of California Health and Safety Code Section 40727.2.

California Environmental Quality Act and Socioeconomic Analysis

Staff has reviewed the proposed amendments to Rule 1175 – Control of Emissions from the Manufacture of Polymeric Cellular (Foam) Products, pursuant to CEQA Guidelines § 15002(k)(1) - Three Step Process, and has determined that the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines § 15061(b)(3) – Review for Exemption. The proposed amendments are covered by the general rule that CEQA applies only to projects which may have a significant effect on the environment. Staff has reviewed the proposed amendments and has determined that it can be seen with certainty that there is no possibility that proposed amendments to Rule 1175 will have a significant impact on air quality or other environmental areas. Therefore, the proposed project is exempt from CEQA. If approved by the Governing Board, a Notice of Exemption (NOE) will be prepared for the proposed project pursuant to CEQA Guidelines §15062 – Notice of Exemption, and mailed to the county clerks of Los Angeles, Orange, Riverside, and San Bernardino counties.

The proposed amendments to Rule 1175 do not significantly affect air quality or emission limitations and therefore a socioeconomic analysis pursuant to California Health and Safety Code Sections 40440.8 or 40728.5 is not required.

Resource Impacts

Implementation of the proposed amendments will have limited impacts on staff and fiscal resources.

Attachments (exe 380kb)

1. Summary of Proposed Amendments
2. Rule Development Process
3. Key Contacts List
4. Resolution
5. Rule Language
6. Final Staff Report
7. Notice of Exemption