BOARD MEETING DATE: October 3, 2008
AGENDA NO. 29

REPORT:

Stationary Source Committee

SYNOPSIS:

The Stationary Source Committee met Friday, September 19, 2008. Following is a summary of that meeting. The next meeting will be October 17, at 10:30 a.m., in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file.
 

Dennis Yates, Chair
Stationary Source Committee

Attendance

The meeting began at 10:30 a.m. Present were Dennis Yates, Dr. Joseph Lyou, Jane Carney, Ronald Loveridge, Gary Ovitt and Dr. Burke (attended by videoteleconference). Absent was Michael Cacciotti.

INFORMATIONAL ITEMS

1. Proposed Amended Rule 1156 – Further Reductions of Particulate Emissions from Cement manufacturing facilities
   Jill Whynot, Director of Strategic Initiatives, briefed the Committee on proposed amendments to Rule 1156, which would reduce particulate matter, including hexavalent chromium from the two cement plants in the Basin.  Staff originally proposed a two-step rule development process, with enclosure of clinker piles for the first effort, to be followed by a monitoring rule.  One of the facilities commented that the costs to enclose would cause the early closure of their facility.  Staff is working on a revised proposal that would be protective of public health, but include requirements that would not be as costly.  In addition, staff is recommending that the two rule development efforts be combined for a January public hearing.

   Staff is evaluating wind fences and other particulate reduction strategies, and monitoring for particulates and hexavalent chromium.  The number and placement of monitors is under consideration.  For chrome, staff envisions having a requirement that could trigger enclosure requirements if the monitoring data shows that it is warranted.  The public process will include an additional public consultation meeting and Town Hall meeting, set hearing in December, and the rules to the Board for consideration in January.

   Ms. Carney asked if there is any information that would help prevent the chromium emissions from the clinker, and also inquired about the chemical composition of cement dust.  Staff will provide that information at the next committee briefing.  Mayor Yates asked about recent chrome sampling levels, which have gone down near TXI Riverside cement.

2. Proposed Amended Rule 208 – Permit and Burn Authorization for Open Burning and Proposed Amended Rule 444 – Open Burning
   Naveen Berry, Planning & Rules Manager, gave the presentation explaining the goals, requirements, and major issues. In response to the issues, staff plans to revise the proposal to require a permit from either the AQMD or the Fire Agency, increase the allowed acreage under prescribed burns to offset the potential reduction in burn days, as well as increase public training burns up to six cumulative hours. A member from the audience commented on the potential limitation to the private training burns from using the Air Quality Index. Staff responded that increasing the meteorological forecast period from one day to three days will ameliorate the concern expressed by a great extent.

3. Report on the Use of Rubberized Asphalt Concrete, Reclaimed Asphalt and Warm Mix Asphalt
   Larry Bowen, Planning & Rules Manager, presented this item. As a result of the presentation last month at the Stationary Source Committee meeting on cutback asphalt, members of the Committee requested staff evaluate the environmental impacts of other asphalt paving techniques and report back. The white paper which discusses the findings from our investigation is attached. Specifically, it talks about the use of rubberized asphalt paving made from recycled tires, recycled asphalt pavement which is used extensively in paving projects, in situ asphalt repaving techniques and the emerging technology of warm mix asphalt to replace conventional hot mix asphalt. All of these techniques, with the exception of warm mix asphalt result in about the same emissions as the batching operations of conventional hot mix asphalt. The warm mix emissions are slightly lower because less fuel is burned to produce the mix and since it can be applied at a lower mix temperature there may have less fugitive VOC emitted during application of the paving. This would have to be confirmed through source testing.

   All the techniques result in environmental benefits that the agency supports since some recycle what would be normally disposed of as solid waste and some reduce the amount of transportation of materials and associated mobile source emissions.

4. Status Report on Draft 2008 Clean Communities Plan (formerly the Air Toxics Control Plan)
   Susan Nakamura, Planning & Rules Manager, presented this item. The Draft Clean Communities Plan (CCP) which was formerly the Air Toxics Control Plans builds on the existing toxics program and has a greater emphasis on neighborhoods and communities.  The structure of the plan encompasses measures for:  Communities and Neighborhoods; Monitoring and Enforcement; Source Specific Programs; Agency Coordination; Nuisance; and Education and Outreach.  The CCP working group will meet soon to discuss the draft measures and a draft plan will be presented to the Board in December.

   Mayor Yates recommended that the AQMD not regulate nuisance-related issues for industries that are regulated by another agency, such as solid waste facilities.  Dr. Lyou was generally supportive of the approach, however, he is concerned with how to address mobile sources which are a large part of the cumulative impacts for affected communities.  He would also like to see the plan address how cumulative impacts could be integrated into permitting decisions.  Mayor Yates said most of the problems are coming from zoning issues which are under the jurisdiction of the cities.  Dr. Lyou also would like to see a certain percentage of penalty money used in the communities where the violation occurred.  Delaware has a state law requiring that 25% of penalties from settlements be used for projects in the impacted area.  Dr. Burke added that state legislature would be best to address this in California, but added that it is complex because violations also have downwind effects.  Dr. Lyou recommended that the children’s education and outreach include schools.  Jane Carney complimented staff on listening to and addressing community concerns with the plan.  Mayor Yates would like to see the greenhouse gas thresholds combined with the CCP.  Curt Coleman (member of CCP working group) commented that mobile sources need to be added to the plan because they have the largest impact.  He also said that tiered toxics fees will only impact stationary sources and may not generate much money to be used for community projects.  He would like to see more participation with local governments regarding land use decisions.  He also expressed concern about redefining “nuisance” which is already defined in state law. 

5. Best Available Control Technology (BACT) Guidelines Amendments
   Marty Kay, Technology Advancement Office Program Supervisor, explained that the proposed changes to the Part D BACT Guidelines for Non-Major Facilities are necessary to make the Boiler and Process Heater equipment categories consistent with this month’s amendments to Rules 1146 and 1146.1 and Rule 431.2, and the emergency fire pump category consistent with the CARB Air Toxic Control Measure for Stationary Diesel Engines.

PUBLIC COMMENTS

During the public comment period of the meeting, Robert Wendoll of Dunn Edwards, commented about the need to amend Rule 314.  Staff responded that they have been in contact with the impacted parties and that staff will be prepared to present its findings and recommendations to the Stationary Source Committee in October.

WRITTEN REPORTS

All written reports were acknowledged by the Committee.

Mayor Yates announced that the next Stationary Source Committee meeting will be on October 17, 2008.

The meeting was adjourned at 11:45 a.m.

Attachments (ZIP, 83k)

September 19, 2008 Committee Agenda (without its attachments)
White Paper