BOARD MEETING DATE: June 5, 2009
AGENDA NO. 41

PROPOSAL:

Amend Rule 1401 – New Source Review of Toxic Air Contaminants to Add Cancer Risk Value for Ethyl Benzene

SYNOPSIS:

The proposal would add a cancer risk value for ethyl benzene to the list of toxic air contaminants (TACs) in Rule 1401 - New Source Review of Toxic Air Contaminants. The cancer risk value was approved by the Office of Environmental Health Hazard Assessment (OEHHA) in November 2007. In addition to impacts for new, modified, and relocated equipment subject to Rule1401, a preliminary assessment of impacts for existing facilities subject to 1402 – Control of Toxic Air Contaminants from Existing Sources is included because Rule 1402 uses the same list of TACs.

COMMITTEE:

Stationary Source, April 17, 2009, Reviewed

RECOMMENDED ACTIONS:

Adopt the attached resolution:

1. Certifying the Final Environmental Assessment (EA) for Proposed Amended Rule 1401 – New Source Review of Toxic Air Contaminants and Impact Assessment for Facilities Subject to Rule 1402 – Control of Toxic Air Contaminants from Existing Sources; and
2. Amending Rule 1401 – New Source Review of Toxic Air Contaminants.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

In November 2007 the Office of Health Hazard Assessment approved a new cancer risk value for ethyl benzene. The AQMD staff is recommending that this new cancer value for ethyl benzene be added to the list of toxic air contaminants (TACs) in Rule 1401 – New Source Review for Toxic Air Contaminants which is the same list used for Rule 1402 – Control of Toxic Air Contaminants from Existing Sources. Prior to this proposed amendment a notice of intent to amend Rule 1401 was presented to the AQMD’s Governing Board on November 7, 2008 as required by Rule 1401.

Proposed Amended Rule 1401

Proposed amended Rule 1401 would add a cancer value for ethyl benzene to Table I of Rule 1401. The effective date for using the cancer risk value for ethyl benzene will be the date of adoption of Proposed Amended Rule 1401 for Rule 1401 and one year later for Rule 1402. Table 1 below shows the cancer risk value and the corresponding screening value that will be added to the district’s “Risk Assessment Procedures for Rules 1401 and 212” upon adoption of the proposed rule. The screening value is a conservative estimate of the amount of ethyl benzene emissions required to produce one in one million cancer risk.

Table 1 – Risk Value

Impact Assessment

The addition of the cancer risk value for ethyl benzene to the district’s list of toxics is expected to have minimal impacts for Rule 1401 new sources and Rule 1402 existing facilities. There are three main areas where ethyl benzene is used and emitted: gasoline storage and dispensing, fuel combustion, and coatings. Regarding gasoline storage and dispensing, enhanced vapor recovery requirements will reduce overall toxics emissions more than offsetting the increased risk from the addition of the ethyl benzene cancer risk. Regarding fuel combustion, other, more potent TACs are responsible for the largest share to the cancer risk. The cancer risk from ethyl benzene will be reduced by controls for the other TACs, such that it does not significantly affect the overall risk value. Regarding coatings, the amount of ethyl benzene in coatings is small and usage is limited by permit conditions so ethyl benzene in coatings is not expected to trigger Rule 1401 risk thresholds. Therefore, the addition of ethyl benzene is expected to have minimal impacts for new, modified, or relocated equipment subject to Rule 1401 and for existing sources subject to Rule 1402.
 

Public Process

Notification to the Governing Board was made November 7, 2008 of the state-approved cancer risk value for ethyl benzene. A Public Workshop was held April 1, 2009 and approximately 20 people attended the meeting.
 

AQMP and Legal Mandates

Proposed Amended Rule 1401 is an air toxic rule that is not an AQMP requirement.
 

California Environmental Quality Act (CEQA)

Pursuant to the California Environmental Quality Act (CEQA) Guidelines and AQMD Rule 110, AQMD staff prepared a Draft Environmental Assessment (EA), which analyzed the potential environmental impacts from proposed amended Rule 1401 and the potential impacts for facilities subject to Rule 1402. The Draft EA was released for a 30-day public review and comment period ending April 28, 2009. No comments were received on the Draft EA. No changes to the proposed project were made since the release of the Draft EA that would change the conclusions made in the Draft EA or significantly worsen the environmental impact analyzed in the Draft EA, so it is now a Final EA.
 

Socioeconomic Assessment

The addition of the cancer risk value for ethyl benzene is not expected to result in the addition of any new control equipment. Therefore, no cost impacts are expected due to the rule amendment.
 

Implementation and Resources

Existing AQMD resources will be used to implement Proposed Amended Rule 1401.
 

Attachments

1. Summary of Proposal
2. Key Issues and Responses
3. Rule Development Process
4. Key Contacts List
5. Resolution
6. Proposed Amended Rule 1401 Rule Language
7. Proposed Amended Rule 1401 Staff Report
8. Final Environmental Assessment
    

Attachments (EXE, 420k)