PROPOSAL:
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 November and December 2001, the Scientific Review Panel
and the Office of Environmental Health Hazard Assessment, respectively,
finalized chronic risk values for 13 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 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 concludes that there will be no significant impacts on existing
sources.
COMMITTEE:
Stationary Source, February 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 March 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 March 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.
The SRP will be considering finalizing additional chronic
risk values over the next 12 – 18 months. Due to the large number of chronic
compounds (approximately 50 remaining), the SRP will be evaluating and
considering approval of the OEHHA proposed risk values in three groups of
approximately 15 to 20 compounds in six to nine month intervals.
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
November 28, 2001, the SRP approved the chronic risk values for 13
compounds. The final technical support documents were subsequently released
by OEHHA on December 28, 2001.
The proposed amendment would specify an effective date for
analyzing chronic impacts as part of the permitting process based on the
date of Board approval. Some of these chemicals are already controlled as
they have been previously listed in Rule 1401 for cancer and/or acute health
effects. Table II of the rule lists those chemicals for which OEHHA has
proposed but not finalized risk values, and therefore have no permitting
impact.
The proposed revisions address three compounds (diethanolamine,
isophrone, and vinyl acetate) for which OEHHA has established new chronic
risk values, moving them from Table II to Table I of Rule 1401.
Additionally, 3 compounds (carbon disulfide, selenium sulfide, and sulfuric
acid) will be removed from Table II since chronic risk values have now been
established for the compounds, which have already been listed in Table I.
Selenium sulfide will fall under the newly approved risk value for "selenium
and selenium compounds". The remainder of the compounds are already listed
in Table I. In total, five RELs increased (less stringent), three decreased
(more stringent), and five had no previous chronic REL 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.
In addition, minor corrections are also being made to the
rule regarding one TAC mis-spelling (methylene phenyl diisocyanate) and the
removal of an incorrect carcinogenic effective date for another TAC
(chloroprene).
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 (March 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 13 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 February 22, 2002. Approximately 45 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.
Attachments
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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