MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 1003 - AIR TOXICS EMISSIONS INVENTORY AND RISK ASSESSMENTS
(Adopted 11/9/88; revised 1/18/89, 2/16/94, 8/17/94, 11/23/94, 4/26/95, and 6/18/97)

CONTENTS
PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References

PART 2 DEFINITIONS

2.1 Cancer Risk
2.2 Non-Cancer Risk (Hazard Index)
2.3 Significant Risk or Significant Health Risk

PART 3 REQUIREMENTS

3.1 Risk Assessments
3.2 Risk Reduction Audits and Plans



PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to comply with the California Health & Safety Code Part 6, Section 44300 et seq., by establishing and implementing a program to inventory air toxics emissions, to assess the risk to public health from exposure to these emissions, to notify the public of any known significant health risk associated with toxic emissions from any facility, and to prepare Risk Reduction Audits and Plans to effect risk reductions.

1.2 Applicability

The provisions of this Rule shall apply to any facility which manufactures, formulates, uses or releases any substances listed by the California Air Resources Board pursuant to Section 44321 of the California Health and Safety Code, or any other substance which reacts to form a substance listed pursuant to Section 44321.

1.3 Exemptions

Any facility described as exempt according to the Emissions Inventory Criteria and Guidelines Report adopted by the California Air Resources Board and determined by the District to meet those criteria shall be exempt from the requirements of this Rule.

1.4 Effective Dates

This Rule has been in effect since November 9, 1988. The Rule in its present form is effective on June 18, 1997.

1.5 References

The requirements of this Rule arise from the provisions of:

1.5.1 California Health and Safety Code, Part 6, Air Toxics "Hot Spots" Information And Assessment, Sections 44300 to 44394.

1.5.2 Amendments to Titles 17 and 26, California Code of Regulations, Subchapter 7.6, Emissions Inventory Criteria and Guidelines Report, Sections 93300 to 93355.

PART 2 DEFINITIONS
The implementation of this rule shall utilize the definitions contained in Section X of the Emissions Inventory Criteria and Guidelines Report as adopted by the California Air Resources Board and the specific definitions contained herein.

2.1 Cancer Risk

The added risk (probability) of cancer that results from lifetime continuous exposure. This risk is given in terms of the additional probability that cancer will occur in a person remaining at a single location for 70 years. This risk is the risk over and above existing risks from other causes. For example, a risk of one per 100,000 indicates the individual's added risk of cancer (due to exposure to this source) is one chance in 100,000.

2.2 Non-Cancer Risk (Hazard Index)

The non-cancer risk (hazard index) is an indicator of the potential health hazard of a substance with regard to its non-cancer effects. The underlying assumption is that there is a threshold for these effects and they will not occur if exposure remains below a reference exposure limit (REL). RELs describe acute and chronic exposure limits, i.e., one hour maximum and annual average concentrations. RELs are generally based on the most sensitive adverse health effect reported in the medical and toxicological literature. Additionally, RELs are designed to protect the most sensitive individuals in the population by the inclusion of margins of safety.

An exposure equal to the REL equates to a hazard index score of 1. A hazard index score of 2 means that the concentration of toxics in the air is 2 times more than the exposure level that causes adverse health effects. Substances that cause adverse health effects to the same organs are added together to determine hazard index scores.

2.3 Significant Risk or Significant Health Risk

A cancer risk greater than one chance per 100,000, and hazard index scores greater than one.

PART 3 REQUIREMENTS
The requirements as adopted by the California Air Resources Board and published in the Emissions Inventory Criteria and Guidelines Report are incorporated herein as the requirements of this Rule. The following requirements contained in this Part are adopted as clarifications and additions to the Emissions Inventory Criteria and Guidelines Report.

3.1 Risk Assessments

3.1.1 Health Risk Assessment Prioritization: Within 90 days of completion of the review of all emissions inventory data, the Air Pollution Control Officer shall, based on examination of the emissions inventory data and in consultation with the State Air Resources Board and the Office of Environmental Health Hazard Assessment, prioritize and then categorize those facilities for the purposes of health risk assessment.  This determination shall be made using the formulas listed in Subsections 3.1.1.1 through 3.1.1.3.

Facilities with a total score (St) of ten or more in any category (carcinogen, acute or chronic) shall prepare a Risk Assessment. This prioritization method is based on the California Air Pollution Control Officers Association (CAPCOA) Air Toxics "Hot Spots" Program Facility Prioritization Guidelines, Method 2, p. 13-21, July, 1990.

3.1.1.1 Carcinogens Formula

Si = (Ei) (Pi) (RP) (D) (28)
St = Sum of Si

3.1.1.2 Chronic Toxics Formula

Si = (Ei/Pi) (RP) (D) (2.5)
St = Sum of Si

3.1.1.3 Acute Toxics Formula

Si = (Ei/Pi) (RP) (D) (25)
St = Sum of Si

3.1.1.4 Parameter Definitions: The following parameter definitions apply to the formulas used in Subsections 3.1.1.1 through 3.1.1.3

Si = Score for each substance
St = Score for all substances
Ei = Emissions rate for each substance by release point, actual lbs/year for carcinogens, yearly average lbs/hour for substances which cause chronic adverse health effects, and maximum lbs/hour for substances which cause acute adverse health effects
Pi = Cancer potency or reference exposure level for each substance
RP = Receptor proximity adjustment factor is based on the distance to the nearest occupied permanent worksite or residence.

 

Receptor Proximity (RP)  
(meters)

Stack Height 

(h)

 

 

 

 

 

 

 

(meters)

0-<100

100-<250

250-<500

500-<1000

1000-<1500

1500-<2000

>2000

0 - <20

1

0.25

0.04

0.011

0.003

0.002

0.001

20 - <45

1

0.85

0.22

0.064

0.018

0.009

0.006

>45

1

1

0.9

0.4

0.13

0.066

0.042

 

D = Dispersion adjustment factor based on stack height:

 

Stack Height 

(h)

Dispersion Adjustment Factor 

(D)

0m<h<20m

60

20m<h<45m

9

h>45m

1

 

3.1.2 Health Risk Assessment Submittal Deadline: Within 150 days of the determination that a facility must prepare a Risk Assessment pursuant to Section 3.1, the operator of every facility that must prepare a Risk Assessment shall prepare and submit to the Air Pollution Control Officer a Health Risk Assessment pursuant to Section 44361 of the Health and Safety Code.  A 30-day extension for the submittal of the Health Risk Assessment may be allowed if arranged prior to the due date.

3.1.3 Identical Facilities Risk Assessments: The Air Pollution Control Officer shall, except where site specific factors may affect the results, allow the use of a single Health Risk Assessment for two or more substantially identical facilities.

3.1.4 Health Risk Submittals to the District: Each Health Risk Assessment shall be submitted to the Air Pollution Control Officer. Each Health Risk Assessment shall be prepared in accordance with the Air Toxics "Hot Spots" Program Risk Assessment Guidelines published by the California Air Pollution Control Officers Association (CAPCOA) and Supplemental guidelines established by the District. The use of the CAPCOA Guidelines shall be superseded by the use of the risk assessment guidelines when published by the Office of Environmental Health Hazard Assessment pursuant to Health and Safety Code Section 44360.

3.1.5 Approval of Health Risk Assessments: After receiving comments from the Office of Environmental Health Hazard Assessment , the Air Pollution Control Officer shall approve, or return for revision and resubmission and then approve, the Health Risk Assessment within 180 days of receipt.  If the Health Risk Assessment has not been revised and resubmitted within 60 days of the Air Pollution Control Officer's request of the operator to do so, the Air Pollution Control Officer may modify the Health Risk Assessment and approve it as modified.

3.1.6 Public Notice of Community Risks: Upon approval of the Health Risk Assessment, the District shall provide notice to all exposed persons regarding the results of the Health Risk Assessment if, in the judgment of the Air Pollution Control Officer, the Health Risk Assessment indicates there is a significant health risk associated with emissions from the facility. The significant health risk threshold is cancer risk levels greater than 1 chance per 100,000, or a hazard index scores greater than 1.

If notice is required under this Subsection, the notice shall include only information concerning significant health risks attributable to the specific facility for which the notice is required.  Any notice shall be made in accordance with procedures specified by the Air Pollution Control Board.

The two options available to facilities include:

3.1.6.1 The District prepares the public notices, in the format approved by the Board, and mailing list. The District then sends the public notification letters to persons exposed and owners of properties where the risk assessment identifies significant risks.
3.1.6.2 The Facility prepares an example public notification letter in the format approved by the Board, and a mailing list, for approval by the District. Upon approval by the District, the facility then prepares the public notification letters and submits them to the District. The District then sends the public notification letters to persons exposed and owners of properties where the risk assessment identifies significant risks .

Facilities required to complete the public notification process must pay the District the actual cost of staff time required for the District to prepare, send, and respond to the public notices, at the District's billable rate of $80 per hour, and the cost of the mailing.

3.2 Risk Reduction Audits and Plans

3.2.1 Risk Reduction Schedules

3.2.1.1 Five Year Risk Reduction Implementation Schedule: Whenever a Health Risk Assessment approved pursuant to Subsection 3.1.5 indicates, in the judgment of the District, that there is a significant risk associated with the emissions from a facility, the facility operator shall conduct an Airborne Toxic Risk Reduction Audit and develop a Plan to implement airborne toxic risk reduction measures that will result in the reduction of emissions from the facility to a level below the significant risk level within five years of the date the Plan is submitted to the District. The significant risk threshold established is cancer risk levels greater than one chance per 100,000, and or a hazard index scores greater than one. The facility operator shall implement measures set forth in the Plan in accordance with this Section.
3.2.1.2 Expedited Implementation Schedule: The period to implement the Plan required by Subsection 3.2.1.1 may be shortened by the Air Pollution Control Officer, upon finding that it is technically feasible and economically practicable to implement the Plan to reduce emissions below the significant risk level more quickly, or if it finds that the emissions from the facility pose an unreasonable health risk.
3.2.1.3 Extended Implementation Schedule: The period to implement the Risk Reduction Plan may be lengthened by up to an additional five years, if the Air Pollution Control Officer finds that a period longer than five years will not result in an unreasonable risk to public health and that requiring implementation of the Plan within five years places an unreasonable economic burden on the facility operator or is not technically feasible.
 

3.2.2 Risk Reduction Audit and Plan Due Date: The Risk Reduction Audit and Plan shall be submitted to the District, within 180 days of the District's determination of significant risk, for review of completeness. The District's review of completeness shall include a substantive analysis of the emission reduction measures included in the Plan, and the ability of those measures to achieve emission reduction goals as quickly as feasible.

3.2.3 Extended Time Frame For Deficient Audits And Plans: If the Audit and Plan does not meet the requirements for completeness, the facility shall correct the specified deficiencies identified by the District. A facility operator shall submit a revised Audit and Plan addressing the deficiencies identified by the District within 90 days of receipt of a deficiency notice.

3.2.4 Plan Implementation Progress Reports: Progress on the emission reductions achieved by the Plan shall be reported to the District annually.

3.2.5 Updated Plans Required: If new information becomes available after the initial Risk Reduction Audit and Plan, regarding either air risks posed by a facility, or emission reduction technologies that may be used by a facility that would significantly impact risks to exposed persons, the Air Pollution Control Officer may require the Plan to be updated and resubmitted to the District.

3.2.6 Audits and Plans - Required Contents: A facility operator subject to this chapter shall conduct an Airborne Toxic Risk Reduction Audit and develop a Plan which shall include at a minimum all of the following:

3.2.6.1 The name and location of the facility.
3.2.6.2 The SIC code for the facility.
3.2.6.3 The chemical name and the generic classification of the chemical.
3.2.6.4 An evaluation of the ATRRMs available to the operator.
3.2.6.5 The specification of, and rationale for, the ATRRMs that will be implemented by the operator. The Audit and Plan shall document the rationale for rejecting ATRRMs that are identified as infeasible or too costly.
3.2.6.6 A schedule for implementing the ATRRMs.
 

3.2.7 Self Conducted Audits And Checklist:  A self conducted Audit and Checklist instead of a full Risk Reduction Audit and Plan may be submitted to the District for any industry which is comprised mainly of small businesses using substantially similar technology if a self conducted audit protocol is developed by the California Air Resources Board and is approved by the District.

3.2.8 Preparers' Qualifications Requirements:  The Audit and Plan shall be prepared and certified as meeting the requirements of this Rule by an engineer who is registered as a professional engineer pursuant to Section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor registered pursuant to Section 25570.3 of the California Health and Safety Code.

 

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