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Overview of the Air Toxics "Hot Spots" Information and Assessment Act
This page last reviewed April 25, 2011
I. INTRODUCTION
The Air Toxics "Hot Spots"
Information and Assessment Act (AB 2588, 1987,
Connelly) was enacted in September 1987. Under this, stationary sources
are required to report the types and quantities of certain substances
their facilities routinely release into the air. Emissions of interest
are those that result from the routine operation of a facility or that
are predictable, including but not limited to continuous and
intermittent releases and process upsets or leaks.
The goals of the Air Toxics "Hot Spots" Act are to collect emission
data,
to identify facilities having localized impacts, to ascertain health
risks, and to notify nearby residents of significant
risks. In September 1992, the "Hot Spots" Act was amended by Senate
Bill (SB) 1731 (Calderon) to address the reduction of significant
risks. The bill requires that owners of significant-risk facilities
reduce their risks below the level of significance.
The Act requires that toxic air emissions from stationary sources
(facilities)
be quantified and compiled into an inventory according to criteria and
guidelines developed by the ARB, that each facility be prioritized to
determine whether a risk assessment must be conducted, that the risk
assessments be conducted according to methods developed by the Office
of Environmental Health Hazard Assessment (OEHHA), that
the public be notified of significant risks posed by nearby facilities,
and that emissions which result in a significant risk be reduced. Since
the amendment of the statute in 1992 by enactment of SB 1731,
facilities that pose a potentially significant health risks to the
public are required to reduce their risks, thereby reducing the
near-source exposure of Californians to toxic air pollutants. Owners of
facilities found to pose significant risks by a district must prepare
and implement risk reduction audit and plans within 6 months of the
determination.
The Air Resources Board (ARB) is required to develop a program to make
the emission data collected under the "Hot Spots" Program available to
the public. If requested, districts must make health risk assessments
available for public review. Districts must also publish annual reports
which summarize the health risk assessment program, rank facilities
according to the cancer risk posed, identify the facilities posing
non-cancer health risks, and describe the status of the development of
control measures.
The "Hot Spots" Program has complemented the ARB's existing air toxics
identification and control programs. It has located sources of
substances not previously under evaluation, and it has provided
exposure information necessary to prioritize substances for control
measures and develop regulatory action. Also, the preparation of the
"Hot Spots" emission inventory made facility owners aware of their
toxics problems. As a result, facilities have taken voluntary steps to
reduce emissions of air toxics. Limited district and facility surveys
have identified voluntary reductions of over 1.9 million pounds per
year in the emission
of air toxics from just 21 facilities in California. The benefits that
come from this type of action are less risk to workers and to the
public, reduced operation costs, demonstration of emission reduction
options for other sources, and improved community relations.
The Act was further modified by AB 564, chaptered on September 19,
1996. The
passage of AB 564 amended the Hot Spots statute in several ways,
including
adding provisions that: exempt specified low priority facilities from
further compliance with the Hot Spots program; reinstate exempted
facilities if specified
criteria are met; specify an alternative evaluation process for
facilities subject to district permit programs; and other changes to
exempt specified facilities from further compliance with the Hot Spots
Program.
II. THE AIR TOXICS "HOT SPOTS" PROCESS
The Air Toxics "Hot Spots"
Act requires the ARB to compile and maintain a list of substances
posing chronic or acute health threats when present in the air. The Air
Toxics "Hot Spots" Act currently identifies by reference over 600
substances which are required to be subject to the program. The ARB may
remove substances from the list if criteria outlined in the law are
met. A facility is subject to the Act if it: (1) manufactures,
formulates, uses, or releases a substance subject to the Act (substance
which reacts to form such a substance) and emits 10 tons or more per
year of total organic gases, particulate matter, nitrogen oxides or
sulfur oxides; (2) is listed in any district's existing toxics use or
toxics air emission survey, inventory or report released or compiled by
a district; or (3) manufactures, formulates, uses, or releases a
substance subject to the Act (or substance which reacts to form such a
substance) and emits less than 10 tons per year of criteria pollutants
and is subject to emission inventory requirements.
The Air Toxics "Hot Spots" Act requires facilities meeting the
applicability
criteria to prepare air toxics emission inventory plans and,
subsequently, emission inventory reports. The Emission Inventory
Criteria and Guidelines Report, which was first approved by the ARB in
April 1989, provides specifications for acceptable emission inventory
plans and reports, and inventory updates. Portions of the Guidelines
were amended by the ARB in June 1990, September 1990, June 1991, and
again in June 1993. AB 1060, which became effective January 1, 1994,
changed the update period from every two to every four years. The
Guidelines, which were approved by the State Office of Administrative
Law on January 31, 1994, incorporate the changes in update procedures
mandated by AB 1060. In May 1996, the Board approved a proposal to
re-codify the Emission Inventory Criteria and Guideline Report. The
recodification restructured the Guidelines so that there is only one
numbered section in the California Code of Regulations which would
incorporate by reference, the entire Guidelines as a document entitled
the "Emission Inventory Criteria
and Guidelines Report."
In July 1997, the Board approved additional amendments to the Emission
Inventory
Criteria and Guidelines Report. These amendments significantly
streamlined the inventory updating process by placing
most of the updating requirements on high risk facilities. The
Guidelines have since been modified in part to conform
with current legislation. The modified version was available in draft
form for public comment from February 6,
1997 to February 21, 1997. The Guidelines were approved by Office of
Administrative Law and became effective July
1, 1997.
Facility operators must submit to the district a proposed emission
inventory plan indicating how emissions will be measured or calculated.
The district must approve, modify, or return the inventory plan to the
operator for revisions within 120 days. Once a district approves a
plan, the facility operator must implement the plan and submit the
emission inventory to the district within 180 days. For certain classes
of facilities, districts must prepare industrywide inventories and
individual facility reports are not required. Districts will determine
which facilities will be covered by industrywide inventories based on
conditions such as economic hardship and small business status.
Facilities subject to the "Hot Spots" Program were phased in according
to their criteria pollutant emissions. Facilities emitting 25 tons per
year or more of total organic gases, particulate
matter, nitrogen oxides, or sulfur oxides and using, manufacturing,
formulating, or releasing a listed substance
were required to submit inventory plans by August 1, 1989. Facilities
listed on a district's toxics inventory,
survey, or report as of a specified date were also required to submit
plans by August 1, 1989. These are considered
Phase I facilities.
Facilities emitting between 10 and 25 tons per year of criteria
pollutants (Phase
II facilities) and using, manufacturing, formulating, or releasing a
substance covered by the program, were required
to submit plans by August 1, 1990.
Facilities within specified
source categories which emit less than 10 tons per year of criteria
pollutants (Phase III facilities) and which use, manufacture,
formulate, or release a listed substance were required to submit plans
by August 1, 1991, unless notified by the district that they were
included in an industrywide emission inventory.
Inventory reports are due within 180 days of district approval of the
emission inventory plan. Emission inventory reports for Phase I
facilities were due to the district as early as June 1, 1990. Emission
inventory reports for Phase II facilities were due to the district as
early as June 1, 1991, and for Phase III facilities as early as June 1,
1992.
Facilities subject to the program must also update their emission
inventories
every four years. This insures that facility information is kept
current in
the database. The update requirements were streamlined in June 1993,
and are now based on each facility's prioritization category. The new
update requirements substantially reduce reporting requirements for all
but the significant risk facilities, those required to notify
under this program, and exempt low risk facilities.
The ARB maintains the toxics emissions data in the Air Toxics Emission
Inventory Data System (ATEDS) and the data is available upon request.
To place industrial facility air toxic emissions into perspective, the
ARB was required to compile emission inventory data for mobile,
natural, and area sources not subject to district permit requirements.
These data are also available upon request.
After reviewing emission inventory data, districts must rank facilities
for purposes of risk assessment into high, intermediate, and low
priority categories. The categorization of facilities into priority
groups was to be completed by December 1, 1990, for facilities
required to submit emission inventory plans by August 1, 1989, by
December 1, 1991 for facilities required to submit plans by August 1,
1990, and by December 1, 1992, for facilities required to submit plans
by August 1, 1991. Facilities will be re-prioritized if their inventory
update shows any significant changes.
In establishing priorities, the district is to consider the potency,
toxicity, quantity, and volume of hazardous materials released from the
facility, the
proximity of the facility to potential receptors, and any other factors
that the district determines may indicate that the facility may pose a
significant risk. The district is required to hold a public hearing
prior to the final establishment of priorities and categories.
The California Air Pollution Control Officers Association (CAPCOA) has
developed
Air Toxics "Hot Spots" Program Facility Prioritization Guidelines to
assist districts in implementing the law's prioritization provisions.
The purpose of the guidelines is to provide districts with suggested
procedures for use in prioritizing facilities. The guidelines are
available to those districts who choose to use them. However,
districts may develop and use prioritization methods which differ from
the CAPCOA guidelines. A more detailed description of the procedures
can be found in the CAPCOA Air Toxics "Hot Spots" Program Facility
Prioritization Guidelines,
July 1990.
Within 150 days of the designation of priorities, the operator of every
facility that has been included within the highest priority category
must prepare and submit to the districts a health risk assessment. A
risk assessment, as defined under the Air Toxics "Hot Spots" Act,
includes a comprehensive analysis of the dispersion of hazardous
substances into the environment, the potential for human exposure, and
a quantitative assessment of both individual and population wide health
risks associated with those levels of exposure. The district may grant
a 30-day extension for submittal of the risk assessment. The risk
assessments are reviewed by the district and OEHHA. In addition, the
district may require facilities in the intermediate and low priority
categories to also submit a health risk assessment.
The CAPCOA has also developed Air Toxics "Hot Spots" Program Risk
Assessment Guidelines. The purpose of these guidelines is to provide
procedures for use in preparing health risk assessments required under
the Air Toxics "Hot Spots" Act. However, districts may develop and use
risk assessment methods which differ from the CAPCOA guidelines. A more
detailed description of the procedures can be found in the CAPCOA Air
Toxics "Hot Spots" Program Revised 1992 Risk Assessment Guidelines,
October 1993.
The CAPCOA is developing three industry-wide risk assessment
procedures. The purpose of these industry specific assessments is to
assist both the districts and facilities with the emission inventory
and risk assessment requirements of the "Hot Spots" program.
The three industries covered by the industry-wide assessments are: auto
bodyshops, gasoline service stations, and dry cleaning facilities.
Facilities
which meet a specific set of requirements outlined
in the law are candidates for an industry-wide assessment. The
requirements are focused on small businesses that
are from the same industrial class, where individual compliance would
impose severe economic hardships, and where
emissions are easily and generically characterized.
Once risk assessments are reviewed by OEHHA and approved by the districts, facility operators must notify all exposed persons of the risk assessment results if the district determines that there is a potentially significant health risk associated with emissions from the facility.
The CAPCOA Toxics Committee has also developed Public Notification Guidelines. The purpose of these guidelines is to assist districts in developing their public notification procedures. Once again, districts may choose to follow different procedures than those provided in the CAPCOA guidelines. A more detailed description of the procedures can be found in the CAPCOA Air Toxics "Hot Spots" Program Public Notification Guidelines, October 1992.
The CAPCOA Prioritization Guidelines and Public Notification Guidelines are available from CAPCOA or the ARB. The CAPCOA Risk Assessment Guidelines are available from CAPCOA. For more information please call or email Stew Wilson, Executive Director of CAPCOA, at (916) 676-4323 or Greg Harris of the ARB at (916) 327-5635.
SB 1731, which amends the "Hot Spots" Program, adds two major elements to the program. First, OEHHA is required to adopt risk assessment guidelines for the program using a full public review process. OEHHA is currently developing these new guidelines and anticipates adoption by the end of 1997. Second, facilities determined to have a significant risk must conduct an airborne toxic risk reduction audit and develop a plan to implement airborne toxic risk reduction measures. The audit and plan must be submitted to the district within 6 months of the determination. It must describe the risk reduction methods the facility will use to reduce its risk below the level of significance within 5 years; however, the district may shorten or lengthen the time period (up to 5 additional years) under certain conditions.
Under SB 1731, the ARB is required to provide assistance to smaller businesses for developing and applying risk reduction techniques. As part of that assistance, the ARB is developing guideline documents on how to conduct an audit, including a self conducted checklist for certain industries. The ARB is developing a General Guideline document that can be used by any facility required to conduct an audit and plan. In addition, the ARB is developing guideline documents for six different source categories: autobody refinishing, chrome plating, aerospace operations, degreasing operations, service stations, and dry cleaners. All of these documents are expected to be completed by the end of 1997.
The Air Toxics "Hot Spots" Act prescribes penalties for failure to comply with the Act or for knowingly submitting false information. Depending on the violation, civil penalties range from $500 to $25,000 for each day the infraction remains uncorrected. SB 1731 also penalizes for noncompliance. It specifies that the facility operator is subject to civil penalties for failure to submit a complete audit and plan or failure to implement the measures set forth in the plan.
III. FEE SCHEDULE
The Air Toxics "Hot Spots" Act requires that the ARB develop and adopt a fee regulation which recovers the state costs to implement the program. The regulation also requires each district to adopt a fee schedule which recovers the costs to the district. Each district is responsible for billing and collecting fees from all facilities subject to the Act and for remitting the district's share of the state costs to the ARB. The Act provides administrative penalties, to be assessed on facilities, in cases where fees are not paid to the district with 60 days of receipt of the notice.
Because the air toxics inventories required under the "Hot Spots" Act were not developed when the Act became effective, the fees were primarily based on criteria pollutant emissions. However, now that the inventories are more complete, SB 1378 (McCorquodale, 1992) requires that fees be based on toxic emissions and facility risk priority to the extent possible. To conform with SB 1378, ARB staff developed a new method for distributing the State's cost among districts and for calculating fees for fiscal year 1996-97. In the new method, fee categories are based on prioritization scores and health risk assessment results. Generally, fee rates increase with increasing risks. In fiscal year 2001-2002, the ARB converted the fee regulation into an administrative process which freezes the State fees at 2001-2002 levels. If it becomes necessary to make substantive changes to the fee regulation (change the fee rates), the ARB staff will return to the Board to amend the regulation.
Legislation (AB 564) was passed in September 1996 to amend the Hot Spots provisions in the Health and Safety Code. This bill includes exemption thresholds from the Program and the Fee Regulation. The primary impact of AB 564 on the Fee Regulation was the exemption of many lower risk facilities (with priority scores greater than one but less than or equal to ten) from paying State fees. These exemptions were incorporated into the Fee Regulation.
IV. CONCLUSION
In summary, the Air Toxics "Hot Spots" Act establishes a formal air toxics emission inventory risk quantification program for districts to manage. The goal of the Air Toxics "Hot Spots" Act is to collect emission data indicative of routine predictable releases of toxic substances to the air, to identify facilities having localized impacts, to evaluate health risks from exposure to the emissions, to notify nearby residents of significant risks, and, due to SB 1731, reduce risk below the determined level of significance. Information gathered from this program has complemented the ARB's existing toxic air contaminant program by locating sources of substances that were not under evaluation and by providing exposure data needed to develop regulations for control of toxic pollutants. Additionally, the program has been a motivating factor for facility owners to voluntarily reduce their facility's toxic emissions.
For more information on fees or the emission inventory provisions of the Air Toxics "Hot Spots" Program, please contact the AB 2588 Inventory Staff. For information on prioritization, risk assessment, and notification, please call or email Robert Krieger, Manager, Emissions Evaluations Section, at (916) 323-1202. For more information on the new OEHHA risk assessment guidelines, please call or email Dr. Melanie Marty, Chief, Air Risk Assessment Unit, Office of Environmental Health Hazard Assessment, at (510) 622-3154.
