BAAQMD Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities

Transcription

1 BAAQMD Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities Yorke Engineering, LLC Office Locations: Los Angeles, Orange County, Riverside, San Diego, Ventura, Fresno, Berkeley Tel: (949) Fax: (949)

2 Instructor Introduction Today s Instructor: John Koehler, Sc.D. Senior Engineer, Yorke Engineering, LLC Over 30 years of air quality consulting experience based in the Bay Area, chiefly with the BAAQMD, also other California air districts, and other Western U.S. agencies Areas of expertise include: Permitting Air Toxics Health Risk Assessments (HRAs) Air Quality Compliance CEQA Studies Regulatory Guidance 2

3 Introduction to Yorke About Yorke Engineering, LLC: Provides air quality, waste, and water services Has assisted over 700 customers throughout California Completed over 5,000 air quality projects across a broad spectrum of industry, equipment, and operations Assists government and industry Yorke has 38 air quality professionals All major California air districts, EPA, DTSC, and CUPAs 3

4 Webinar Agenda Brief Overview of Reg. 11, Rule 18 Recent Changes to State Air Toxics Program AB 2588 Program Elements Reg. 11, Rule 18 Requirements Planning Ahead Tips and Strategies for Preparing for Reg. 11, Rule 18 4

5 Overview of Reg. 11, Rule 18 Adopted November 15, 2017 The BAAQMD will prioritize approx. 6,000 facilities based on available information High-priority facilities will be contacted to provide refined facility information for HRAs The BAAQMD estimates HRAs could be performed for approximately 400 facilities Facilities exceeding risk action levels after the HRAs will be required to prepare and implement Risk Reduction Plans 5

6 Recent Changes to Air Toxics Summary of Changes Impacts to Facilities 6

7 Recent Changes to Air Toxics Who Is OEHHA? The California Office of Environmental Health Hazard Assessment (OEHHA) is responsible for developing and updating risk assessment guidance under the Air Toxics Hot Spots Program OEHHA reviews and updates chemical toxicity factors State law requires that Health Risk Assessments under the Toxics Hot Spots Program be prepared in accordance with OEHHA Guidelines [Health and Safety Code (b)(2)] OEHHA s Hot Spots Health Risk Assessment Guidelines are used by the air districts statewide 7

8 Recent Changes to Air Toxics In March 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) approved revisions to the Air Toxics Hot Spots guidance manuals and Health Risk Assessment (HRA) guidance documents, including: Incorporating new studies on childhood sensitivities Incorporating new data on exposure (e.g., age-specific breathing rates and time spent at home) Incorporating updated algorithms for non-inhalation exposure pathways 8

9 Recent Changes Impacts to Facilities Health Risk Assessments While emissions have not changed... Facility Health Risk Assessments are impacted! Using the new methodology for calculating cancer risk (including childhood sensitivities, breathing rates, and fraction of time at home)... 9 Residential / Sensitive Receptor Cancer Risk increases ~ 3x Worker Receptor Cancer Risk changes slightly

10 Recent Changes Impacts to Facilities Prioritization Scores The Prioritization Scores are also impacted by the new methodology, since it relies on the fundamental Health Risk Assessment procedures for calculating the score Health Risk Assessments and Prioritization Scores are now much more conservative 10

11 Recent Changes to Air Toxics The Big Takeaway is: Cancer risks calculated with the revised Health Risk Assessment Guidelines may now increase by a factor of 3x compared to earlier versions of Health Risk Assessments This is leading to the preparation of new Toxics Emissions Inventory Plans, Reports, and Health Risk Assessments for commercial and industrial facilities Each air district is changing their toxic rules due to the OEHHA methodology changes 11

12 Recent Changes Impacts to Facilities Permitting New and Modified Permitted Sources Public Notice AB 2588 Air Toxics Hot Spots Reporting of TACs from Facilities Today s Webinar Revised OEHHA HRA Guidelines Public Noticing Proposition 65 CEQA TAC Analysis for Construction and Operations 12

13 AB 2588 Program Elements What Is AB 2588? AB 2588 Program Elements 13

14 AB 2588 Air Toxics Hot Spots Act The Air Toxics Hot Spots Information and Assessment Act (AB 2588, 1987, Connelly) was enacted in 1987 Requires specific stationary sources to report the quantities of certain toxic air contaminants (TACs) routinely released into the air The goals of the Air Toxics Hot Spots Act are: Collect emission data on TACs emitted from facilities Identify facilities potentially having localized impacts Ascertain health risks Notify residents of significant health risks Reduce those significant health risks to acceptable levels 14

15 AB 2588 Air Toxics Hot Spots Act Timeline 1987 AB 2588 Air Toxics Hot Spots law adopted 1992 First AB 2588 HRA Guidelines by CAPCOA 2003 OEHHA released comprehensive HRA Guidelines OEHHA issued revisions for the derivation of non-cancerous reference exposure levels OEHHA issued adjusting cancer potency factors for early life exposures OEHHA issued exposure assessment with revised exposure models and factors 2015 Updated OEHHA HRA guidelines 2017 Local air districts are now asking for updated AB 2588 information 15

16 AB 2588 Air Toxics Hot Spots Act Examples of AB 2588 Specific Toxic Air Contaminants: Ammonia Arsenic Benzene 1,3-Butadiene Diesel Particulate Matter (DPM) Dioxins/Furans Formaldehyde Hexavalent Chromium (Cr+6) Hydrogen Sulfide Polycyclic Aromatic Hydrocarbons (PAHs) There Are Approximately 250 AB 2588 Air Toxics 16

17 AB 2588 Air Toxics Hot Spots Act Common Sources of Toxic Air Contaminants: Boilers Diesel-Fueled Emergency IC Engines (e.g., Data Centers) Plating Metal Forging and Finishing Chemical Plants Power Plants Cement Manufacturing Refineries Kilns and Dryers Landfills and Wastewater Treatment Plants Manufacturing Any Large Combustion Unit or Other Significant Toxic Emissions Source 17

18 Air District Implementation How Air Districts Implement AB 2588 Requirements There are 35 California air districts 18

19 Air District Implementation Although AB 2588 is a State program, local air districts usually administer the program for the State AB 2588 requirements are generally rolled into existing district programs (e.g., annual emissions reporting, air toxics rules, etc.) 19

20 Air District Implementation Step 1 Quadrennial Updates SCAQMD: Incorporated once every 4 years in Annual Emissions Report program SJVAPCD: Mails surveys to facilities every 4 years BAAQMD: Internal review of annual permit renewal data updates; now amended by Regulation 11, Rule 18 Other air districts implement similar to the SCAQMD and SJVAPCD processes 20

21 Air District Implementation Step 2 Prioritization Scores Typically prepared by the local air districts using the OEHHA recommended procedures with the quadrennial update information submitted by facilities 21

22 Air District Implementation Step 3 SCAQMD, SJVAPCD: Emissions Inventory Plans are generally required if initial PS > 10 BAAQMD: Internalized process based on review of annual permit update information Process now amended by Reg. 11, Rule 18 22

23 Air District Implementation Step 4 SCAQMD, SJVAPCD: Emissions Inventory Reports are required after the submittal and approval of the Emissions Inventory Plans After submittal of Emissions Inventory Reports, facilities are re-evaluated and Prioritization Scores may be recalculated BAAQMD: Internalized process based on review of annual permit update information Process now amended by Reg. 11, Rule 18 23

24 Air District Implementation Step 5 Health Risk Assessments are required if high-priority levels are exceeded SCAQMD: PS > 10 SJVAPCD: PS > 10 BAAQMD: PS > 10 Other air districts are typically at > 10 24

25 Air District Implementation Steps 5, 6, & 7 Step 5: Health Risk Assessments may be prepared by or submitted to the local air districts; each air district has their own policy Step 6: Public notices, if required, must be prepared in accordance with local air districtapproved procedures Step 7: Facility-wide risk reduction measures, if required, must also be prepared in accordance with local air district-approved procedures 25

26 Regulation 11, Rule 18 Requirements 26

27 Regulation 11, Rule 18 Toxics Definitions Health Risk Characterization Parameters Cancer Risk: Probability an individual may develop cancer (chances per million) Hazard Quotient: Ratio of estimated exposure to its reference exposure level (REL) Hazard Index: Sum of individual hazard quotients per TAC affecting same organ system Hazard Indices calculated with annual average exposures for chronic effects and short-term exposures for acute effects (1-hr, 6-hr, 8-hr) 27

28 Regulation 11, Rule 18 Requirements 28

29 Regulation 11, Rule 18 Requirements 29

30 Regulation 11, Rule 18 Requirements Rule Implementation Steps Step 1 The BAAQMD will review their existing air toxics data for permitted facilities and prioritize facilities Step 2 The BAAQMD will prioritize 6,000 facilities Step 3 High-priority facilities will receive a request from the BAAQMD for information for a BAAQMD HRA Step 4 Facilities must submit the information necessary to complete an HRA within 60 days; can request extension up to another 60 days if they can demonstrate it s needed Step 5 The BAAQMD performs the HRA Step 6 Risk reduction required if risk action levels are exceeded 30

31 Regulation 11, Rule 18 Exemptions Facilities where the only TAC source(s) are one or more stationary diesel engines operated only for emergency use and reliability-related activities, and PS < 250 Retail gasoline dispensing facilities and PS <

32 Regulation 11, Rule 18 Requirements Implementation Schedule 32

33 Regulation 11, Rule 18 Risk Action Levels Risk Action Levels Before 1/1/2020: Cancer Risk: 25 per million Chronic Hazard Index: 2.5 Acute Hazard Index: 2.5 Effective 1/1/2020: Cancer Risk: 10 per million Chronic Hazard Index: 1.0 Acute Hazard Index:

34 Comparison of AB 2588 Thresholds District Notification Level Cancer SCAQMD 10 Non- Cancer 1 (Lead >.5) Risk Reduction Audit & Plan Cancer Non- Cancer 25 5 BAAQMD* 10 > Until 2020** 10 > After 2020** 10 > SJVAPCD *Prior to adoption of Rule **Rule 11-18, adopted November 15,

35 Priority Communities Early Application of Risk Action Levels The BAAQMD may conduct an HRA or apply 2020 risk action levels to any facility located within a Priority Community any time after adoption of the rule Section : A Priority Community is any area where TAC levels are higher than other areas and people may bear higher health effects 35

36 Regulation 11, Rule 18 Requirements Community Air Risk Evaluation (CARE) Program 36

37 Regulation 11, Rule 18 HRAs Notification of HRA Results The BAAQMD provides the facility with a copy of the preliminary HRA The facility has 90 days to review and comment The BAAQMD considers comments and corrects factual errors The BAAQMD notifies facilities if the final approved HRA indicates a facility health risk equal to or greater than one or more risk action level Within 180 days, the facility submits a draft Risk Reduction Plan; the BAAQMD may allow additional time 37

38 Regulation 11, Rule 18 Risk Reduction Plan Risk Reduction Plan Content Requirements Description of risk reduction measures by source Schedule for implementing each risk reduction measure Demonstration that: Facility health risk reduced below risk action levels at any MEI within 5 years of Plan approval (extension can be granted), or If not feasible to reduce below risk action levels, apply Best Available Retrofit Control Technology for Toxics (TBARCT) on all significant sources of risk within 5 years of Plan approval (extension can be granted) Estimate residual health risk following Plan implementation 38

39 Regulation 11, Rule 18 Risk Reduction Definitions Maximally Exposed Individual (MEI): A person located where the highest exposure to toxic air contaminants emitted is predicted; MEI locations determined for maximum cancer risk, chronic hazard index, and acute hazard index based on exposure to residents, workers, and students Significant Risk Threshold: Any of the following toxic health risk levels: Cancer Risk: 1.0 per million Chronic Hazard Index: 0.20 Acute Hazard Index:

40 Regulation 11, Rule 18 Risk Reduction Time Extensions Beyond 5 Years to Achieve Risk Action Levels or Install TBARCT Such time (not to exceed 5 additional years) as is necessary to address a technical feasibility issue or to avoid an unreasonable economic burden 40

41 Regulation 11, Rule 18 Risk Reduction Definition 41

42 Regulation 11, Rule 18 Risk Reduction Risk Reduction Measures Enclosures, Capture-and-Control Systems Diesel Particulate Filter, Baghouse, HEPA Filter Carbon Adsorption, Thermal/Catalytic Oxidation Wet Particulate Scrubber, Packed-Bed Scrubber Reduced Throughput or Operating Time Alternative Technologies, Fuel/Material Substitution Relocate Source or Stack Stack Modifications TBARCT (When Infeasible to Achieve Risk Action Levels) 42

43 Regulation 11, Rule 18 Risk Reduction Definition 43

44 Regulation 11, Rule 18 Risk Reduction TBARCT BAAQMD TBARCT Workbook (Draft, October 2017) Standard TBARCT for source categories If none apply, or are technically/economically infeasible, then case-by-case TBARCT Case-by-Case TBARCT Evaluate potential control measures and emission limits, and EPA standards/state ATCMs per TBARCT definition Consider feasibility of control measures, contribution of individual source health risks to facility-wide risk, and site-specific costs District will consider facility business, size, and location (disadvantaged areas) 44

45 Regulation 11, Rule 18 Risk Reduction Plan Review and Approval of Risk Reduction Plans (1 of 2) The BAAQMD will conduct a completeness review of the Plan If the Plan is not found complete, the facility has 45 days to submit a complete draft Plan The draft Plan is then subject to a 45-day public review period The BAAQMD will consider any public comments The BAAQMD approves if all applicable requirements are met 45

46 Regulation 11, Rule 18 Risk Reduction Plan Review and Approval of Risk Reduction Plans (2 of 2) If the draft Plan does not meet all applicable requirements, the BAAQMD notifies the facility of identified deficiencies The facility corrects deficiencies within 45 days The BAAQMD approves the draft Plan, unless any deficiency is not corrected, then the draft Plan is disapproved Approved Plans are posted to the BAAQMD website within 30 days 46

47 Regulation 11, Rule 18 Risk Reduction Progress Reports and Updated Plans Progress Reports: Facility shall submit annual reports on the emission reductions achieved by the Plan until the Plan is fully implemented Updated Plans: For a Plan implementing TBARCT on significant sources of risk, if information becomes available regarding new emission reduction technologies that would significantly reduce health risk or the feasibility of the Plan, the BAAQMD may allow resubmittal of an updated Plan for approval 47

48 Planning Ahead Tips and Strategies for Managing BAAQMD Rule Requirements 48

49 Accuracy Matters! Inaccurate Information Can Trigger: Health Risk Assessments Public Notice AB 2588 Risk Reduction Plans Environmental Impact Reports Proposition 65 Notifications Unnecessary Control Equipment! 49

50 Wait for District Notification or Plan Ahead? Request BAAQMD facility TAC emissions data Assess all TAC sources (permitted and unpermitted) Rule based on actual emissions, not maximum potential, except for 1-hour acute hazard index Correct errors in BAAQMD data More updated or relevant emission factors Manufacturer-specific data or guarantees Source test data Review the pollutants emitted by your facility to identify potentially problematic pollutants, such as: Diesel Particulate Matter (DPM) Hexavalent Chromium (Cr+6) Polycyclic Aromatic Hydrocarbons (PAHs) Dioxins/Furans 50

51 Wait for District Notification or Plan Ahead? Consider preparing an in-house screening Prioritization Score in advance of the local air district The BAAQMD summarizes prioritization equations in Appendix A of Reg. 11, Rule 18 Other prioritization tools are available If screening score is low, just wait for the air district notification 51

52 If the PS Is High Ensure accurate emissions estimates; key on significant sources to strategize lowering emissions Consider running an in-house Health Risk Assessment: Use refined air dispersion modeling (AERMOD) instead of screening-level air dispersion tools Use HARP2 instead of screening risk assessment tools Review stack exhaust parameters, such as location, height, temperature, flow rate, etc. Carefully review off-site receptor locations and receptor types Preparation may help avoid triggering an HRA or a Risk Reduction Plan (RRP), or result in a less stringent RRP 52

53 Summary: Tips for Reducing High PS and High-Risk HRAs Review facility TAC emissions for accuracy Obtain the BAAQMD s TAC data for your facility Prepare in-house Prioritization Score ahead of the BAAQMD For high PS facilities, prepare an in-house HRA using OEHHA methodology and best emissions estimates, source parameters, and accurate off-site receptors In-house HRA may eliminate a Risk Reduction Plan being required, or reduce control measures or the need for TBARCT 53

54 Wrapping Up New OEHHA methodology typically increases cancer risk by a factor of 3x The BAAQMD will calculate AB 2588 Prioritization Scores through the Regulation 11, Rule 18 process High Prioritization Scores will lead to BAAQMD information requests for them to run your HRAs HRAs that predict risks over Risk Action Levels will require Risk Reduction Plans (RRPs) Accuracy is very important in this entire process Proactive actions outlined in previous slide may help reduce chances for an HRA or RRP, or result in a less stringent RRP 54

55 Some of Yorke s Air Toxics Experts Judy Yorke, P.E., C.P.P. JYorke@YorkeEngr.com John Koehler, Sc.D. JKoehler@YorkeEngr.com John Furlong JFurlong@YorkeEngr.com Rick Shih, P.E. RShih@YorkeEngr.com 55

56 Additional Questions? We hope this webinar has clarified BAAQMD Rule 11-18! We re here to help: Yorke frequently helps with: Emissions Inventory Plans Emissions Inventory Reports Prioritization Scores Air Dispersion Modeling Health Risk Assessments 56

57 Thank You for Joining Us! 57