Pressure on Metal Facilities is Heating Up!

Update on the Los Angeles Air Toxics Initiative

James Westbrook, CPP | President Michael Stewart, PE | Project Manager

September 28, 2017

Webinar  Topics  

•  Background to the Air Toxics Initiative

•  Summary of Enforcement and Rulemaking

•  Impacts on Metal Processing Facilities

•  Recommendations for Evaluation & Next Steps

Poll – How did the LA Air Toxics Initiative Begin?

•  SCAQMD enforcement action against high-emitters

•  Erin Brockovich lawsuits •  A facility “turned themself” in to the health

dept.

•  Community action •  The Exide Vernon case

Background to the Los Angeles Air Toxics

Initiative

Air  Toxics  &  the  Snowball  Effect  

Air Toxics Initiative Timeline

2007 – 2015: Exide Lead

SCAQMD Rules 1420.1 and

1420.2

2017 - 2024??:

- SCAQMD Air Toxics Initiative

- State & Local Rule Developments

-  Enforcement & Monitoring in

Paramount, Compton and Long Beach

-  LA City Motion -  What’s NEXT?

2012-2017:

-  Paramount CrVI Monitoring

-  Anaplex, Aerocraft and Carlton Forge

2010 – 2015: -  Hixson Metal

CrVI -  Rule 1402 Risk

Reduction

CrVI – One Bad Hombre (and the other guys)

•  CrVI is a state that occurs in high-heat or strong oxidation processes, or introduced in compound form –  Cr to CrVI - Furnaces, heat treating, welding rod use, laser or

arc cutting and other types of “hot work” –  Chrome plating, anoziding, chromic acid baths with heating or

sparging –  Cr compounds used in coating pigments and spray booths,

military spec •  CrVI is very toxic and known to cause cancer & other

long-term chronic health effects •  How can CrVI get into the air? •  Lead, nickel, arsenic, cadmium, beryllium

Summary of Enforcement & Rulemaking Activities

Nuisance, Public Health, and SCAQMD Enforcement

•  SCAQMD has various tools to regulate air toxic metal emissions –  Rule 1401/permits, Reg. IV rules, Rule 1402/AB2588 –  But have to be a “fit”

•  Public Nuisance laws primary enforcement tool –  SCAQMD Rule 402, H&S Code 41700 –  “ shall not discharge … contaminants .. which cause injury,

detriment, nuisance or annoyance to any considerable number of persons or to the public .. or which endanger the comfort, repose, health or safety …”

•  “Imminent and substantial endangerment” language not in nuisance regulations

•  Orders for Abatement issued by the Hearing Board –  Process, Evidence, Action

•  SCAQMD’s mission to strengthen tools    

2015  Risk  Guideline  Changes  

Increased  Monitoring  &  Tes<ng  

EJ  Community  Ac<va<on  

CrVI  Emissions  

Increased  Public  

Nuisance  Enforcement  

Odors  

Paramount Enforcement – Anaplex

•  Metal finishing facility •  AQMD fenceline & community monitoring •  1 ng/m3 CrVI ambient threshold, 3 samples

–  0.2 ng/m3 = 100 in one million resident cancer risk •  Anaplex Order for Abatement in Jan 2017 for emissions

exceeding 1 ng/m3

–  Ordered to temporarily shut down all equipment w/PTE CrVI on June 27th, 2017

•  Required controls include: –  Close access doors, reduce tank emissions,

housekeeping •  Precursor to rulemaking, amended Rule 1469/1426

Paramount Enforcement - Carlton Forge

•  Metal forging facility •  Public odor complaints starting in 2012-2013

–  190 odor complaints since Dec 9, 2016 à 17 NOVs

•  Voluntary controls installed for grinding •  Nickel emissions went down, but CrVI constant •  Precursor to rulemaking, Rule 1430

–  Related to grinding specifically

•  Additional review of odor controls in process  

Compton & Long Beach Enforcement

•  SCAQMD putting the Air Toxics Initiative in play ….

•  Multiple facilities in Compton – Ambient CrVI monitoring began June 2017 –  99 inspections conducted in July 2017

•  5 NOVs and 16 NTCs issued

–  Expecting Orders for Abatement

•  Lubeco in North Long Beach

South Coast AQMD Rulemaking

•  Exide – Rules 1420.1 and 1420.2 for lead •  Carlton Forge – Rule 1430 for CrVI and odors •  Hixson, Paramount, Compton, etc. – Proposed

Amended Rules 1426 / 1469 for CrVI •  Other Proposed Amended rules, capture more

sites and consistency: –  Rule 1420 for small lead melters –  Rule 1407 for ferrous and non-ferrous facilities

•  New Rules Coming - other units and operations – heat treating, laser cutting, grinding; larger facilities

 

New State Air Toxics Legislation

•  Assembly Bill 617 (passed 7/26/17): –  ARB to expand community toxics monitoring for high

priority facilities –  Authorize air districts to require facility fenceline

monitoring •  Facility with elevated cancer or noncancer prioritization score

–  Districts can require “best controls” to reduce toxics

•  Assembly Bill 1132 (passed 8/7/17) –  Air districts can issue an “interim” Order for Abatement

•  Currently must be noticed and hearing occur, with approval before Order can be issued

–  Finding of “imminent and substantial endangerment to the public health or welfare”

–  Air district must meet facility, work on a “stipulated” interim Order

–  The interim orders are temporary.  

LA City Council Motion and beyond …

•  Motion passed by LA City Council on 8/30/17 •  Identified 21,000 metal processing sites with CrVI •  Bureau of Sanitation to work with SCAQMD and LA

Co Health Dept w/in 30 days –  Update priority ranking of sites with excessive CrVI –  Plan for joint inspections –  Analyze environmental justice impacts –  Update on ways to reduce health effects to LA residents

•  What other cities, counties, agencies, initiatives, areas in California? –  When will the air toxics snowball slow down??

SCAQMD Rule Developments in Response

to Air Toxics Initiative

SCAQMD Metals Rule Applicability by Operation Type

Activity 1420 1420.1 / 1420.2 1430 1469 /

1426 1407 1435 1445

Amendment Review Adopted Adopted Amendment

Review Amendment

Review Pending Pending

Foundry ✔ ✔ ✔

Machine Shop ✔

Stamping

Metal Finisher ✔ ✔

Forger ✔

Smelter ✔ ✔

Grinding ✔ ✔ ✔

Saw Cutting ✔ ✔

Welding ✔

Dust / Fugitives ✔ ✔ ✔ ✔ ✔ ✔

Odors ✔ ✔

Finishing ✔

Melting ✔ ✔ ✔

Heat Treating ✔ ✔

Laser Cutting ✔

Proposed Amended Rules

•  Rule 1420 – Emissions Standards for Lead –  SCAQMD proposed amendments to the rule

–  Applies to metal melting or lead processing facilitates •  Exempt if process < 2 TPY lead

–  Ambient lead concentration requirements:

•  0.150 µg/m3 through 2020, 0.100 µg/m3 2021 and beyond –  Emissions to be vented to HEPA filter controls (alternative

compliance option available) –  Source testing demonstrations –  Fenceline ambient lead monitoring

•  If process more > 10 TPY lead •  If > 2 TPY, but < 10 10 TPY, can avoid with modeling studies

–  Total Enclosures –  Housekeeping Requirements

Approved SCAQMD Metals Rules

•  Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities –  If facility melts > 100 TPY lead –  Would require total enclosure for all lead processing

operations –  Ambient air monitoring requirements –  Lead point source emission controls –  Source testing –  Total enclosures

Recently Adopted Rule

•  Rule 1430 - Control of Emissions From Metal Grinding Operations at Metal Forging Facilities –  Requires total enclosure for all metal grinding and cutting

operations –  Emissions requirements:

•  0.002 grains PM per dscf •  Vented to HEPA filter & continuous data logger

–  Odor reduction –  Source testing –  Housekeeping requirements –  Compliance dates for total enclosures around metal

grinding or cutting operations started 9/3/17

Proposed Amended Rules

•  Rule 1469 – CrVI Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations

–  Would require enclosure for all tank operations with CrVI –  Point source controls Tier II tanks (high conc. or temp., or rectified) –  Periodic source testing –  Potential regulations on tanks currently not subject to Rule 1469 (Rinse,

passivate, dichromate seal, etc.) –  Getting help from other City of LA agencies to find CrVI emitters

•  Rule 1426 - Emissions from Metal Finishing Operations –  Facilities performing Cr, Ni, Cd, Pb or Cu operations, or chromic acid

anodizing (See Rule 1469) –  Compliance reports & housekeeping requirements –  No control requirements –  AQMD is using facilities under this Rule as a vehicle to capture facilities

under Rule 1469

Proposed Amended Rules

•  Rule 1407 – Control of Emissions of Arsenic, Cadmium, and Nickel from Non-Ferrous Metal Melting Operations –  Proposed amendments

–  Includes smelting, die casting, galvanizing & more –  Control fugitive emissions by building enclosures

–  Point source controls

–  More housekeeping –  Source Testing to measure control efficiency

–  Exempt if < 1 TPY metal melting –  Next workshop in December 2017

SCAQMD Metals Rules In the Pipeline

•  Rule 1435 Control of Emissions from Metal Heat Treating Processes –  A proposed rule –  Being moved from Nov to 2nd quarter 2018

•  Rule 1445 Control of Toxic Emissions from Laser Arc Cutting –  Will establish requirements to reduce toxic metal particulate

emissions from laser arc cutting

Loss of Permitting Exemption

•  Loss of exemption language clearly stated in rules.

•  Can lose exemption if the AQMD see your process as a health risk concern.

•  Rule 219/222 –  Equipment losing exemptions and will require permits

•  Example: No exemptions for plating, stripping or anodizing if tank contains Cr, Ni, Pb, or Cd and is rectified, sparged, or heated

Key Common Downstream Impacts of Rulemaking

•  Loss of permit exemption •  Increased source testing requirements •  Increased ambient monitoring

•  Increased emission controls of point sources –  HEPA filters, baghouse, etc.

•  Increased emission controls of fugitive sources –  Enclosures

•  Increased housekeeping requirements

Impacts on Metal Processing Facilities

How to Know if You Could be a High Priority?

•  Do you emit CrVI, cadmium, nickel, lead, or arsenic?

•  Is the facility located near residences or schools? •  Is the facility located in an Environmental Justice

(EJ) area? •  Potential for fugitive toxic emissions or odors? •  Any previous issues related to metal emissions:

NOVs, NTCs, etc? •  On other lists, like for Rule 1402?

Carlton Forge is a High Priority

How to Know if You Could be a “Bad Player?”

•  Know your emissions •  Are these sources controlled? •  Are all emission sources permitted? •  Metals-related NTCs/NOVs? •  Any odor complaints? •  Is your facility clean and is proper housekeeping

performed? •  Where are the prevailing winds coming from?

What Can Happen if the Emissions & Monitoring Results are Too High?

•  Installation of emission controls may be required: –  Baghouses/HEPA filters

–  Enclosures

•  Required to source test or monitor •  Emissions, source test or monitoring results may need to be

modeled: –  To assess health risk impacts –  HRA methodologies were updated in 2015 à 3x higher impacts

•  Any of these activities are expected to yield high costs to the facility

•  If seen as “imminent danger” to public, potential process limits or operation curtailment

What Can Happen if the Emissions & Monitoring Results are Bad?

Potential Costs to Your Facility

Potential Costs to Your Facility

Lubeco Example – Formula for an Order of Abatement

•  July 2017, AQMD petitioned for Stipulated Order of Abatement & was granted by Hearing Board on August 23

•  Result of “intensive investigation” à high levels of CrVI •  Short & long-term measures to reduce CrVI •  Shut down equipment if > 1 ng/m3 •  Removal of certain tanks w/CrVI •  Modification of certain practices •  Risk reduction plan •  Installation of control equipment •  Periodic AQMD inspections to ensure compliance with the

Order

Recommended Evaluations

Prepare Yourself With All of the Information

•  Know the rules and those that apply to you. •  Make sure the emission inventory reports are accurate

–  Review emission factors, process throughput and other assumptions

•  Which is the highest source of CrVI emissions? –  Furnace? –  Welding? –  Cutting?

•  Do you think your equipment could be a problem? Perform a fact-finding source test or ambient monitoring

•  Has an HRA been previously performed? •  Know how this could affect your suppliers and purchasers.

Proactive Actions to Avoid SCAQMD Enforcement

•  Be prepared before SCAQMD arrives – know what the potential problems are/will be.

•  Be prepared to update emissions with better information.

•  Begin getting cost estimates on expected control equipment. –  Plan for enclosures, scrubbers, dust collectors, HEPA filters,

housekeeping and other measures

•  Attack the low hanging fruit first.

•  Be prepared to communicate with the SCAQMD.

Conclusions

Develop a Plan

•  Do your homework –  Collect all information

–  Review compliance history –  Visit all the equipment

–  Compare permits to equipment operation – is everything accurate?

–  Know your neighbors

•  What is the “high risk” equipment? –  Know the emissions and health risk impacts, evaluate

need for controls, prepare for source tests and monitoring

•  Get help!

Get Involved

•  Keep up to date with rule development •  Know where you fit into these rule developments •  Attend workshops and public hearings •  Attend town hall meetings •  Submit comments for rule development •  Be active in local environmental organizations

A Consultant Can Help You

There are experts who can: •  Review rule applicability •  Help you know if you are a “target” or a “bad player” •  Ensure your emission reports are accurate •  Support source testing or ambient monitoring •  Perform health risk calculations & modeling •  Communicate with the air districts and other agencies

Ques:ons?  Contact  Informa:on  

James A. Westbrook, CPP | President jwestbrook@bluescapeinc.com

Michael Stewart, PE | Project Manager

mstewart@bluescapeinc.com

(877) 486 – 9257 www.bluescapeinc.com

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The webinar presentation will be posted on Slideshare and YouTube