BOARD MEETING DATE: June 5, 2009
AGENDA NO. 42

REPORT:

Annual Report for 2008 on AB 2588 Air Toxics Hot Spots Program

SYNOPSIS:

The Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB 2588) requires local air pollution districts to prepare an annual report. Key accomplishments for 2008 include: (1) approved 8 facility health risk assessments (HRAs); (2) conducted one public notification meeting; (3) prioritized 208 AB 2588 facilities for FY 2006-07, requested and evaluated 7 detailed Air Toxics Inventory Reports (ATIRs), (4) notified 7 facilities to prepare HRAs, (5) developed a new web-based emission reporting tool for facilities to report criteria, toxic, and greenhouse gas emissions, and (6) updated AB 2588 website information.

COMMITTEE:

Stationary Source, May 22, 2009, Reviewed

RECOMMENDED ACTION:

Receive and file.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Under the requirements of the California Air Toxic “Hot Spots” Information and Assessment Act of 1987 (AB 2588), the AQMD staff approves facility emission inventories, determines which facilities must prepare health risk assessments (HRAs) and ensures that HRAs are prepared according to state and AQMD guidelines; and, when needed, conducts public notification meetings or announcements and requires risk reduction. An additional requirement of the Act is for local air districts to provide an annual report of risk assessments and rulemaking that reduces emissions of air toxics.
 

Accomplishments

The attached report provides a summary of major program activities during the calendar year 2008 and anticipated activities during 2009.

In 2008, eleven facility HRAs were reviewed. Eight HRAs were approved, two were sent to Office of Environmental Health Hazard Assessment (OEHHA), and one was rejected based on review by AQMD and OEHHA staff. AQMD staff also conducted one public notification meeting, prioritized and screened 208 AB 2588 facilities for potential risk for FY 2006-07, requested and evaluated seven detailed Air Toxics Inventory Reports (ATIRs), and notified seven facilities to prepare HRAs. The public notification meeting was held on November 12, 2008 for DeMenno/Kerdoon, since the facility’s cancer risks were over 10 in a million.

In the early part of 2007, staff prepared and distributed Rule 1421 compliance letters to all active dry cleaners with permits for perchloroethylene dry cleaning equipment (approximately 1,400 facilities). The letters reminded facilities of the requirement for installation of integrated primary and secondary control equipment on all perchloroethylene dry cleaning equipment by November 1, 2007. Additionally, the letter provided perchloroethylene usage limit for each facility and required the submittal of a Risk Reduction Plan that outlined the facility’s acceptance of the usage limit or replacement with non-perchloroethylene equipment within three years. In 2008, staff received and processed about 1,000 perchloroethylene dry cleaners Risk Reduction Plans to ensure compliance with Rule 1421 requirements.

On January 5, 2007 the AQMD Governing Board adopted public notification procedures for emergency diesel internal combustion engines (DICEs), as well as the Industry-wide categories of retail gasoline stations and perchloroethylene dry cleaners. AB 2588 allows districts to designate and handle smaller or “Industry-wide source” (IWS) categories in a different manner than the “core” facilities. Larger stationary sources or “core” facilities are required to report the types and quantities of nearly 200 toxic air contaminants that their facilities emit. Based on their emissions inventory, certain facilities are required to prepare an HRA. The facilities that pose a significant health risk, as determined by an approved HRA, are required to notify the affected public about possible health risks from toxic air contaminants and to hold a public meeting. The Governing Board adopted Public Notification Guidelines in September 1992 for the “core” facilities.

AQMD staff developed a database of approximately 5,900 facilities with emergency DICEs. To streamline the process and document assumptions and methods for web notification, the AQMD staff has prepared a document outlining procedures that will be used to estimate risk numbers for facilities with emergency DICEs not on the AB 2588 core facility list. Core facilities with prime engines will incorporate the regular program requirements for risk assessment and public notification. These procedures will enable AQMD to implement the “AB 2588” requirements for emergency DICEs, as well as to post the status of current emergency DICEs operating with valid permits after the implementation of Rule 1470. Similar guidelines will be utilized for other industry-wide source categories.

AB 2588 staff has been extensively involved in the investigation of community concerns regarding TXI Riverside Cement Company (TXI). TXI manufactures various types of gray cement, including Type II Portland, Block, and Plastic Cement, in addition to importing cement clinker produced at the TXI Oro Grande cement plant in Oro Grande, California. Late in 2007, the AQMD completed data analysis for the MATES-III study, a regional evaluation of air toxics pollution in Southern California, that indicated noticeable elevated hexavalent chromium concentrations in the ambient air and soil at the Western Riverside Air Monitoring Station relative to a previous air toxic study in 1998. This finding was contrary to anticipated levels, as several AQMD regulations should have resulted in a decrease of hexavalent chromium emissions. After several months of sampling and lab work, the AQMD staff concluded that the TXI activities were the source of these elevated hexavalent chromium levels. As a result, AB 2588 staff required that TXI prepare an HRA to assess the health risks in the community around the facility, and if necessary, take appropriate actions to reduce the hexavalent chromium emissions. TXI submitted their HRA in September 2008. The HRA was reviewed by AQMD staff and deemed not acceptable, requiring revision and re-submittal. The revised HRA is due in the spring of 2009.

During the past few years, AB 2588 staff has also been trying to address community concerns regarding Quemetco Company which is a secondary smelter located in the City of Industry. Their main activity is to recover lead from spent automobile batteries. Due to great public interest in this facility, there have been several public meetings and the AQMD requested the facility to submit an HRA in December 2000. After several modifications, the HRA was approved in December 2005, and the risk values contained in the approved HRA triggered risk reduction measures. The risk reduction plan includes a wet electrostatic precipitator (WESP) and regenerative thermal oxidizer (RTO). Construction of the control equipment began in October 2007. Startup procedures on the WESP began in June 2008, but a fire on July 3, 2008 destroyed two sections (out of five) of the WESP. The facility ceased operations after the fire. Reconstruction of the WESP was completed and the facility returned to operations in October 2008. Pursuant to Rule 1402, Quemetco provided Public Notice regarding risk reduction status and activities on December 12, 2008. The recently submitted HRA to demonstrate compliance with Rule 1402 is currently under staff review.

In 2008, AQMD developed a new web-based emission reporting tool for facilities to use for preparing their AER and AB 2588 Reports, allowing consolidation of criteria and toxic emissions reporting. AB 2588 facilities report their quadrennial toxics emissions inventory under the AER program. The program enhances the efficiency of the reporting process for AB 2588 facilities, improves the quality of the data, provides a linkage between criteria and toxic pollutants, and enables the AQMD to identify facilities of concern. The tool also provides an option to calculate and report greenhouse gas (GHG) emissions to both AQMD and the California Air Resources Board (CARB).

Criteria and toxic emissions for fiscal year 2006-2007 have been updated on the AQMD website, which is available to the public.

AQMD staff also provided a list of all facilities subject to AB 2588 and their HRA and prioritization scores to CARB to be posted on California Emission Inventory Development and Reporting System (CEIDARS) including low risk and exempt facilities. Traditionally, AQMD only provided information on facilities that are subject to State fees.
 

Future Activities

In 2009, staff plans to:

• Complete implementation of the AB 2588 requirements for facilities with emergency DICEs only and the Industry-wide categories of gasoline stations and perchloroethylene dry cleaners;
• Develop a work plan for addressing emission inventory, risk assessment, and public notification procedures for the remaining industry-wide categories;
• Continue to notify facilities with prime DICEs to submit air toxics emission inventories and HRAs if needed;
• Continue to prioritize AB 2588 facilities and notify those with high-priority scores to prepare detailed air toxics emission inventories and HRAs.
   

The annual report will be distributed to county boards of supervisors, city councils, and local health officers and will also be available on the AQMD’s website.

Attachment (DOC, 840k)

Annual Report on AB 2588 Air Toxics “Hot Spots” Program