Proposed Amended Rules 307.1, 1401, and 1402 Draft Public - - PowerPoint PPT Presentation

Stationary Source Committee Meeting July 22, 2016

Proposed Amended Rules 307.1, 1401, and 1402 Draft Public Notification Procedures for Facilities Under the Air Toxics “Hot Spots” Information and Assessment Act (AB 2588) and Rule 1402 Draft Supplemental Guidelines for Participating in Rule 1402 Voluntary Risk Reduction Program

Background

• Rule 1402 was amended June 2015 to

incorporate Revised OEHHA Risk Guidelines - Board directed staff to:

– Work with stakeholders to incentivize early risk reduction beyond those required under Rule 1402 – Assess and explore alternatives for public notification procedures – Report back to Stationary Source Committee no later than September 2015 with staff recommendations

• Provided status update to Stationary Source with

recommendations to proceed with rulemaking

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Public Process

• Three Working Group Meetings
• Received four comment letters

– Two comment letters from WSPA – Two comment letters from CCEEB

• Monthly briefings to Environmental Groups
• Public Workshop Tentatively Scheduled for

August 10, 2016

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Rule 1402

• Adopted April 1994
• Implements Air Toxic Hot Spots Program (AB2588)
• Requires high priority facilities to submit an Air Toxics

Inventory Report and Health Risk Assessment

• Establishes three

facility-wide health risk thresholds for Public Notification and Risk Reduction

Risk Thresholds

• MICR ≥ 25 in
• ne million
• Acute or Chronic

Hazard Index ≥ 3

• Cancer burden

≥ 0.5 Requirements

• Same as

Notification Risk Level PLUS

• Risk Reduction

Action Risk Level

Risk Thresholds

• MICR ≥ 10 in a

million

• Acute or

Chronic Hazard Index > 1 Requirements

• Written Public

Notification

• Public Meeting

Notification Risk Level

Risk Thresholds

• MICR ≥ 100 in
• ne million
• Acute or Chronic

Hazard Index ≥ 5 Requirements

• Same as Action

Risk Level PLUS

• Public Meetings

Annually until below Significant Level

Significant Risk Level

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Overview of Proposed Amendments

• Maintain health protective risk thresholds
• Incorporate Voluntary Risk Reduction

Program – an alternative pathway that will result in more risk reductions sooner

• Provisions to streamline and improve the

clarity of Rules 1401, 1402, and 307.1

• Remove obsolete provisions
• Update Notification Procedures

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Voluntary Risk Reduction

• Eligibility:

– Less than Significant Risk Threshold – Previously approved Health Risk Assessment below the Action Risk Level

• Facilities that elect to participate are committing to

reducing below the Notification Risk Level (Reducing below 10 in a million instead of 25 in a million)

– Facility is required to submit a Voluntary Risk Reduction Plan – identifies risk reduction measures – Supplemental Guidelines for Voluntary Program provides procedures for Voluntary Plan and quantifying health risk – Upon approval of Voluntary Plan, facility must implement risk reduction measures

• SCAQMD conducts Modified Public Notification

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Modified Public Notification for Voluntary Risk Reduction

• Modified Public Notification will include:

– Information about OEHHA Revised Guidance - facility’s estimated health risk will be higher – Facility is volunteering to make risk reductions that:

• Account for changes in risk estimates based on the Revised OEHHA

Guidance

• Risk reductions go beyond what is required through regulatory

requirements - earlier and more reductions

– List of participating facilities – name and address

• SCAQMD will place Modified Public Notification:

– On the “AB 2588 Notices” page of SCAQMD website; and – In the AB 2588 Annual Report

• No individual letters or public meetings

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Safeguards for Voluntary Risk Reduction Program

• Voluntary Risk Reduction Plan will include same type
• f information required for traditional program*

– Same equipment and/or process emissions details as an Air Toxics Inventory Report – Same computer model (Hotspots Analysis Report Program (HARP)) to confirm measures can be achieve risk reductions

• If facility fails to submit a Voluntary Risk Reduction

Plan that can be approved:

– Facility placed in traditional program – Facility must submit Air Toxics Inventory Report and Health Risk Assessment within 90 days

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* Specified in Supplemental Guidelines for Voluntary Risk Reduction Program

Requirements for Potentially High Risk Level Facilities

• Added provision for Potentially High Risk Level Facilities

– Facility that is likely to either exceed or has exceeded the Significant Risk Level – Provision incorporates current practice

• Includes process that incorporates facility input prior

SCAQMD designating facility as a Potentially High Risk Level

• Upon designation as Potentially High Risk Level, facility will

be required to:

– Submit and implement an Early Action Reduction Plan – ensures no delay in reducing elevated health risk – Concurrently submit Air Toxics Inventory Report, Health Risk Assessment and Risk Reduction Plan

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Summary of Risk Reduction Schedules

Air Toxics Inventory Report and Health Risk Assessment Risk Reduction Implementation (3 Years) Air Toxics Inventory Report and Health Risk Assessment Risk Reduction Implementation (2.5 Years)

Voluntary Risk Reduction Plan

Risk Reduction Implementation (2.5 Years)

Early Action Risk Reduction

Risk Reduction Implementation (2.5 Years)

Early Action Risk Reduction Implementation

Current Risk Reduction Revised Traditional Risk Reduction Voluntary Risk Reduction Potentially High Risk Facility

8 Months Faster 2 Years Faster 1.4 Years Faster

Risk Reduction Plan Risk Reduction Plan

Air Toxics Inventory Report, Health Risk Assessment, and Risk Reduction Plan

Streamlining Provisions

• Reduced submittal times for Health Risk Assessments and

Risk Reduction Plans (Reduced ~2 months)

• Created two-step process for submitting Inventory and

Health Risk Assessments to eliminate unnecessary Health Risk Assessment submittals

• Consolidated analysis of new and revised toxic air

contaminants and will incorporated in AB 2588 annual report (Removed provisions in PAR 1401 and 1402)

– If new or revised TAC has significant effects on permitting or AB 2588, present to Stationary Source Committee – Incorporate commitment in Resolution

• Added process for conducting a source tests (if a source

test is needed)

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Consistency Provisions

• Consistent risk reduction requirements for

traditional and voluntary programs

• Risk reduction time period of 2½ years from

approval of Risk Reduction Plan

– Risk reduction for traditional program was 3 years from submittal of Risk Reduction Plan

• Allow a one-time 2½ year time extension instead
• f unlimited extensions

– Only one facility requested an extension in the past – Revised criteria for time extensions

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Clarifying and Other Provisions

• Updated definitions in PAR 1402 and 307.1
• Incorporate fees for Voluntary Risk Reduction

Plans in PAR 307.1 (Similar fees as traditional program)

• Clarified fees for Inventories and Health Risk

Assessments in PAR 307.1

• Incorporated process for submittal and approval
• f Air Toxics Inventory Reports
• Incorporated approval process for Health Risk

Assessments

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Updates to Public Notification Procedures

• Created in 1994, first update
• Revise procedures for public meetings

– SCAQMD schedules and conducts public meetings – Owner or operator required to either pay directly or reimburse for costs – meeting room, audio visual equipment and personnel, translation if necessary, parking, security, etc. (PAR 307.1)

• Add requirement that owner or operator must be

present at Public Meeting

• Add requirements for Modified Public Notice for

Voluntary Risk Reduction Program

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Schedule

• Public Workshop in August
• Additional Working Group meetings as needed
• Stationary Source Committee if new outstanding

issues

• October 2016 Adoption Hearing

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