SCAQMD Recently Amended

Rules to Implement Revised

OEHHA Guidelines

Presentation to AWMA

October 15, 2015

Ian MacMillan

Planning and Rules Manager, SCAQMD

SCAQMD’s Approach to Reducing Public Risk from Air Toxics

• #1 Objective: Protect public health

• Multifaceted RegulatoryApproach

• Comprehensive

• Technology and Science Based

Permitting

AB

258

8

Source-Specific Rules

EJ Initiatives

1990 1994 1997 2000 2003 2004 2010

2010 Clean Communities

Plan

1998

Cumulative Impacts

Strategies White Paper

2000 Air Toxics

Control Plan2004 ATCP Addendum

MATES I

MATES IIRule 1402

(AB 2588 Toxics

“Hot Spots”)

2005

MATES III

Represents adoption of a stationary source-specific toxic rule

Rule 1401

SCAQMD’s Air Toxics Program

2014

MATES IV

14 Source Specific Toxics Rules and 4 Umbrella Rules

• Rule 1401 – Toxic requirements for new and modified permitted sources

• Rule 1401.1 – Toxic requirements for new and modified permitted sources near schools

• Rule 1402 – Toxic requirements for existing facilities (AB2588 “Hot Spots”)

• Rule 212 – Noticing for new and modified permitted sources

“Umbrella” Toxics Rules

121,000+ permits have been issued under Rule 1401

AB2588 Hot Spots Program308 Facilities with Approved HRAs*

1 to <10 in a

million

62%

<1 in a million

32%

10 to <25 in a

million

5%

>25 in a million

1%

95% of AB2588 Facilities Health Risks <10 in a million

* Health risks based on previous OEHHA Guidelines

Trends in Air Toxic Cancer Risk Since 1990

(Excludes diesel PM)

0

200

400

600

800

1000

1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012

Inha

latio

n C

ance

r R

isk

(in a

mill

ion)

Year

Burbank Los Angeles

Long Beach Riverside

Simi Valley75 to 86% Reduction

MATES III (2005)Old OEHHA

SCAQMD Multiple Air Toxics

Exposure Studies (MATES)

MATES IV (2012-2013)Old OEHHAMATES IV (2012-2013)New OEHHA

http://www.aqmd.gov/docs/default-source/air-quality/air-toxic-studies/mates-iv/mates-iv-final-draft-report-4-1-15.pdf

Localized Air Quality IssuesResidential

Residential

Com

mer

cial

/In

dust

rial

Proximity Matters for Health Risks

11

Monitored Data Shows Focus Needs to Be on

Point and Fugitive Emission Sources

Historically, Primary Focus has Been on Point Source Emissions

Who Establishes the Health Risk Assessment Guidance?

• The California Office of Environmental Health Hazard Assessment (OEHHA) is responsible for developing and updating HRA guidance under the Air Toxics Hot Spots program

• State law requires that HRAs required under Toxics Hot Spots Program be prepared in accordance with OEHHA Guidelines (Health and Safety Code §44360(b)(2))

• OEHHA’s health risk guidelines are used by all air districts statewide

• Inhalation Risks

• Other changes that may affect risk• Change in dispersion model from ISC to AERMOD• Multi-pathway pollutants

How Will Cancer Risks Change

with New OEHHA Guidance?

Permitting

• Rule 1401 – New and Modified Permitted Sources

• Rule 1401.1 – New and Relocated Facilities Near Schools

AB2588

• AB2588 Industry-Wide Facilities

• AB2588 Core Facilities

• Rule 1402 – Control of Toxic Air Contaminants from Existing Sources

Public Noticing

• Rule 212 – New or Modified Permits

• AB2588 Facilities

CEQA

• Air Toxics Analysis for

• Construction Phases

• Operational Phases

Revised OEHHA Guidance

Affected SCAQMD Programs

• Rule 1401 and

1401.1

(Permitting)

• Rule 1402

(AB2588)

• Rule 1401 and

1401.1

(Permitting)

• Rule 1402

(AB2588)

• SCAQMD

Permitting Risk

Assessment

Procedures

(Version 8.0)

• SCAQMD Risk

Assessments for

the Air Toxics

(AB2588)

• SCAQMD

Permitting Risk

Assessment

Procedures

(Version 8.0)

• SCAQMD Risk

Assessments for

the Air Toxics

(AB2588)

General Approach

OEHHA Guidelines

SCAQMD Risk

Guidelines

SCAQMD Rules

How Will New SCAQMD Permits be Affected?

• SCAQMD staff reviewed past five years of permitted data (2009 to 2014)

• Majority of permits issued well below Rule 1401 permitting risk thresholds

• Most source types will not require additional controls to meet current thresholds

• Additional pollution controls may be needed for small number of new permits

• Special provisions for two source categories

Permitting Approach

• Implementation of Revised OEHHA Guidelines will be forward looking– Applies to permit applications deemed complete 30

days after rule adoption

• Rule 212 notifications will continue for new and modified sources

• SCAQMD permitting approach for toxics uses a 4 Tier screening approach – each screening level incorporates more specificity and analysis– Currently developing screening criteria that are more

equipment specific to streamline implementation

• Amended Rule 1401 requires use of new SCAQMD HRA Procedures (Version 8.0) with two exceptions– Allow use of current Procedures (Version

7.0) for spray booths and retail gas stations• Return to Board as quickly as practicable

• Rule and/or procedures

• ~28 new permits per year may need Toxics Best Available Controls (~$225K annually)

• ~10 to 30 permits per year may require public notification under Rule 212 (~$51K annually)

Amended Rules 1401, 1401.1, and 212

New Risk Calculatorhttp://www.aqmd.gov/home/permits/risk-assessment

Amended Rule 1402 (AB2588)

• Continue implement quadrennial review process• Estimates below are conservative

– Some reductions not captured since last HRA approved

– May choose between process changes, add-on controls, throughput limits or combination

~87 facilities may need to prepare HRA (~$264,000 annually)

~42 facilities may require public notice (~$8,400 annually)

~22 facilities may require risk reduction (~$1.4 M annually)

Early and Additional Risk Reduction

• Some industry representatives requesting opportunity to reduce risks earlier and in addition to Rule 1402 to lower health risks below the public notification level of 10 in-a-million

• Rule adoption Resolution includes commitment to continue to work with stakeholders to:– Incentivize early risk reductions beyond those required

under Rule 1402– Assess current public notification procedures– Explore alternatives for such facilities

• Report back to the Stationary Source Committee no later than September 2015

SCAQMD Contacts

Permitting Guidelines

Mohan Balagopalan, mbalagopalan@aqmd.gov (909) 396-2704

Jillian Wong, jwong@aqmd.gov (909) 396-3176

AB2588 Guidelines and Prioritization Procedures

Ian MacMillan, imacmillan@aqmd.gov (909) 396-3324

Victoria Moaveni, vmoaveni@aqmd.gov (909) 396-2455

CEQA

Ian MacMillan, imacmillan@aqmd.gov (909) 396-3324

Barbara Radlein, bradlein@aqmd.gov (909) 396-2716

Rule Development

Susan Nakamura, snakamura@aqmd.gov (909) 396-3105