MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 1000 - PERMIT GUIDELINES AND REQUIREMENTS FOR SOURCES EMITTING TOXIC AIR CONTAMINANTS
(Conceptual Adoption 2/19/86; Final Adoption 3/19/86; Revised 6/17/98)

CONTENTS
PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Date
1.5 References and Related Rules

PART 2 DEFINITIONS

2.1 Best Control Technology (BCT)
2.2 Carcinogenic Toxic Air Contaminant (CTAC)
2.3 Carcinogenesis
2.4 Federal §112(g) Source
2.5 Modifications
2.6 Permissible Exposure Limit (PEL)
2.7 Pollutant Status Report (PSR)
2.8 Reasonable Control Technology (RCT)
2.9 Reconstructed Source
2.10 Risk Assessment
2.11 Toxic Air Contaminant (TAC)
2.12 Unit Risk Value (URV)

PART 3 REQUIREMENTS AND STANDARDS

3.1 New or Modified Sources of Toxic Air Contaminants (TACs) With Threshold Value
3.2 Emissions of More Than One Toxic Air Contaminant (TAC)
3.3 Exemption From Pollutant Status Report
3.4 New Or Modified Sources of Carcinogenic Toxic Air Contaminants (CTACs)

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 Permit Evaluations
4.2 Permit Conditions
4.3 Emissions Determinations
4.4 Potency and Toxicity Determinations
4.5 Dose Response Relationships
4.6 Exposure Assessment
4.7 Other Assessment Methods
4.8 Emissions Banking
4.9 Toxic Air Contaminant (TAC) Modeling
4.10 Publication and Public Comment
4.11 Public Inspection
4.12 Violations
4.13 Appeal



PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is:

1.1.1 To prevent to the maximum extent practicable the emission into the atmosphere within the District of toxic air contaminants (referenced hereinafter as TACs), which may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health; and,

1.1.2 To prevent occurrences which may endanger the health and welfare of the public within the District and to assure that no person will suffer material impairment of health or functional capacity; and,

1.1.3 To comply with the federal Clean Air Act §112(g) Toxic New Source Review requirements; and,

1.1.4 To protect to the maximum extent possible the public's health and welfare while allowing, where permitted, the continued operation of sources which do or may emit potential or actual toxic air contaminants (TACs); and,

1.1.5 Not to limit in any way the provisions, extent, intent, interpretation, or enforcement of District Rule 402 (Nuisances).

1.2 Applicability

1.2.1 This Rule applies to any new or modified stationary sources for which an Authority to Construct or a Permit to Operate is required pursuant to District Regulation II - Permits, and which has the potential to emit into the atmosphere, by any means and in any quantity whatsoever, any toxic air contaminant (TAC).

1.2.2 Whenever a potential toxic air contaminant (TAC) may be subject to more than one District Rule, or to more than one requirement in this rule, the requirement resulting in the least hazard to the public, as determined by the Air Pollution Control Officer, shall apply.

1.3 Exemptions

The provisions of this Rule shall not apply to:

1.3.1 Facilities dispensing gasoline for the purposes of vehicle fueling.

1.3.2 Dry cleaning operations.

1.3.3 Any facility which uses, stores or transfers less than five gallons per month of any toxic air contaminant (TAC) not defined as a carcinogen pursuant to Section 2.2.

1.4 Effective Date

This Rule as most recently revised is effective on June 17, 1998.

1.5 References and Related Rules

1.5.1 The requirements of this Rule arise from Board Policy regarding the provisions of California Health & Safety Code §41700 (public nuisance) and federal Clean Air Act §112(g). Regulation II (Permits), Rule 200 (Permits Required), Rule 402 (Nuisances), and Regulation VI (Procedure Before the Hearing Board) are referred to by this Rule.



PART 2 DEFINITIONS

2.1 Best Control Technology (BCT)

For any stationary source:

2.1.1 The most effective emission control device, or technique, which has been successfully used for the type of equipment comprising such a stationary source, to control the emission of carcinogenic toxic air contaminants (CTACs) and which is determined by the Air Pollution Control Officer to be cost-effective, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations imposed on other sources are not achievable.

2.1.2 Under no circumstances shall best control technology (BCT) be determined to be less stringent than the emission control required by any other applicable provision of District, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable.

2.2 Carcinogenic Toxic Air Contaminant (CTAC)

2.2.1 Any chemical or compound shall be listed by the Air Pollution Control Officer as a potential carcinogenic toxic air contaminant (CTAC), if the following criteria are met:

2.2.1.1 Sufficient evidence exists for carcinogenesis in animals demonstrating positive carcinogenesis from properly conducted bioassays in either two species or two properly conducted bioassays in the same laboratory or preferably, in two separate laboratories.  This in turn shall be deemed sufficient evidence for potential human carcinogenesis.
2.2.1.2 Sufficient evidence exists in animal bioassays demonstrating a statistically significant increase in the incidence of malignant tumors or a decrease in the time of tumor formation.  Benign tumors may augment the evidence for carcinogenesis provided by malignant neoplasms.
2.2.1.3 Where evidence conflicts in several animal bioassays, the bioassay(s) to be utilized shall be determined by the Air Pollution Control Officer after consultation with the California Air Resources Board and the State Office of Environmental Health Hazard Assessment.  The determination shall be weighted on the positive and negative results, the adequacy of the study design, the appropriateness of the species tested, the pharmacokinetics of the species, and the statistical power of the test.  In choosing between equally weighted evidence, the positive will be chosen over the negative evidence, unless otherwise approved by the Air Pollution Control Officer.
2.2.1.4 Properly conducted epidemiological studies may determine that a substance will be classified as potentially carcinogenic.  A single study is insufficient for compliance with this criteria, unless otherwise approved by the Air Pollution Control Officer and based on corroborating evidence from animal bioassays.
2.2.1.5 Where evidence conflicts between epidemiological studies, the study(s) utilized shall be determined by the Air Pollution Control Officer based upon weighing the positive and negative results of the studies, the adequacy of the study design, length of follow-up, adequacy of exposure information, and statistical power.  In choosing between equally weighted evidence, the positive will be chosen over the negative evidence, unless otherwise approved by the Air Pollution Control Officer.

2.2.2 For the purposes of this Rule, a list of potential carcinogens determined to meet the criteria set forth in Section 2.2 shall be developed and maintained by the Air Pollution Control Officer.  Said list shall be available at the District office and available for inspection and/or copying upon request.

2.2.3 Determinations pursuant to this section shall be made by the Air Pollution Control Officer in consultation with the California Air Resources Board and the State Office of Environmental Health Hazard Assessment.  In his or her determination, the Air Pollution Control Officer shall be guided by the International Agency for Research on Cancer Monographs.

2.3 Carcinogenesis

2.3.1 The self-replicating process in which a change induced in a cell is transmitted to successive generations of cells descended from it, including, specifically, cellular changes leading to the formation of carcinomas (malignant tumors of epithelial cells), Sarcomas (malignant tumors of connective tissue), lymphomas, leukemias (cancers of the lymphatic and blood systems).

2.3.2 Carcinogenesis shall be quantified using "unit risk values".

2.4 Federal §112(g) Source

2.4.1 Any new source with the potential to emit 10 tons per year of any one Hazardous Air Pollutant (HAP) or the potential to emit 25 tons per year of any combination of HAPs as defined in Section 2.11.1 herein.

2.4.2 A reconstructed source with the potential to emit 10 tons per year of any one Hazardous Air Pollutant (HAP) or the potential to emit 25 tons per year of any combination of HAPs as defined in Section 2.11.1 herein.

2.4.3 Any modification to an existing source where the modification increases the potential to emit of the source by 10 tons per year of any one HAP or increases the potential to emit of the source by 25 tons per year of any combination of HAPs as defined in Section 2.11.1 herein.

2.5 Modifications
Any alteration or process change which may result in a net increase in the potential to emit any toxic air contaminants (TACs) or carcinogenic toxic air contaminants (CTACs).

2.6 Permissible Exposure Limit (PEL)
A work-shift, time-weighted average of a given toxic air contaminant (TAC) concentration established for airborne concentration of a given substance which provides for the conditions and amount of the substance to which most workers can have daily exposure for a working lifetime without suffering known adverse health affects.

The permissible exposure limits (PELs) specified in Title 8 California Code of Regulations (CCR) Section 5155 shall be used unless otherwise specified by the Air Pollution Control Officer.

2.7 Pollutant Status Report (PSR)

Specifically required pursuant to this Rule, the pollutant report status (PSR) submitted to the Air Pollution Control Officer shall include, but not be limited to, the following:

2.7.1 A written assessment of and a description of any modification to a stationary source, including equipment or operational changes and modifications which may affect any parameter of the application;

2.7.2 An itemization and written evaluation of the viability of substitute compounds, processes, and other procedures which may be available to further reduce community risk;

2.7.3 A review of current control technology developments; and,

2.7.4 An evaluation of the adequacy of the applicable exposure limits used.

2.8 Reasonable Control Technology (RCT)

2.8.1 For any stationary source, reasonable control technology (RCT) is defined as the control device or technique which is readily available and is commonly used for similar types of equipment, to control toxic air contaminants (TACs).

2.8.2 If the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that the controls specified in Subsection 2.8.1 above are not reasonable, other technology may be allowed. Under no circumstances shall reasonable control technology (RCT) be determined to be less stringent than the emission control required by any other applicable provision of District, State, or federal laws or regulations.

2.9 Reconstructed Source
Any source or stationary source undergoing physical modification where reconstruction equals or exceeds 50% of the fixed capital cost of a comparable entirely new source or stationary source. Fixed capital costs means the capital needed to provide and install all the depreciable components.

2.10 Risk Assessment
The prediction of adverse health affects, including carcinogenesis, to the human individual assumed to be at the point of maximum ground level impact on an annual basis of a source emitting specified potential toxic air contaminants (TACs) through the use of:  hazard identification; dose response assessment; exposure assessment and risk characterization.

2.10.1 A risk assessment shall include pollutant cross media transfer and, additionally, shall address the factors specified in Health & Safety Code Section 39665(b).

2.10.2 In those instances where the operation or potential operation of a facility emitting toxic air contaminants (TACs) will also lessen population exposure elsewhere in the District, assessment of risk shall include those data.

2.11 Toxic Air Contaminant (TAC)
Any substance with the potential to contaminate the air or to create air contaminants, which:

2.11.1 Based on reasonable scientific information in the judgement of the Air Pollution Control Officer may cause or contribute to a recognizable increase in mortality, morbidity, or may otherwise pose a present or potential material impairment to human health or functional capacity, and is listed in Title 8 of the California Code of Regulations (CCR), Section 5155, or is listed as a Hazardous Air Pollutant (HAP) in §112(b)(1) of the Clean Air Act ; or

2.11.2 Is determined by the Air Pollution Control Officer to meet the criteria set forth in Section 2.2.

2.12 Unit Risk Value (URV)
The quantitative estimate of carcinogenic potency expressed as the chance of contacting cancer from a 70-year lifetime exposure to a concentration of 1 ug/m3 of a given substance.  The unit risk value (URV) represents the probability of cancer cases, not deaths.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 New or Modified Sources of Toxic Air Contaminants (TACs) With Threshold Values

3.1.1 New or modified sources emitting or having the potential to emit noncarcinogenic toxic air contaminants (TACs) with threshold values shall install reasonable control technology (RCT), as defined in Section 2.8, prior to operation.

3.1.2 In no event shall the emissions impact of any toxic air contaminant (TAC) in any one hour period exceed 1/420th of the current permissible exposure limit (PEL), as defined in Section 2.6, calculated on a worst case basis as measured or calculated beyond the facility property line. This standard may be revised on a pollutant-specific basis by the Air Pollution Control Officer based on reliable scientific data.

3.1.3 New or modified sources of toxic air contaminants (TACs) to which this Part applies, shall submit a pollutant status report (PSR) as defined in Section 2.7 with an Authority to Construct and Permit to Operate application pursuant to Rule 200 (Permits Required).

3.2 Emissions of More Than One Toxic Air Contaminant (TAC)
Where there is more than one emitted or potentially emitted toxic air contaminant (TAC) for which the Air Pollution Control Officer determines the existence of significant similarities in physiological manifestation, chemical structure, or where there is evidence of interaction, these pollutants shall be treated and analyzed in an additive fashion.  Emissions of this nature shall be evaluated by the most stringent permissible exposure limit (PEL) [see Section 2.6] of the defined toxic air contaminant (TAC) mix [see Section 2.11] for the sum of the toxic air contaminants (TACs) in question.

3.3 Exemption From Pollutant Status Report
The Air Pollution Control Officer may exempt a subject source from Subsection 3.1.3 if the Air Pollution Control Officer determines sufficient information exists to adequately characterize and evaluate the toxic air contaminant (TAC) emissions.

3.4 New Or Modified Sources of Carcinogenic Toxic Air Contaminants (CTACs)
New or modified sources emitting, or having the potential to emit, carcinogenic toxic air contaminants (CTACs), shall meet the following requirements.

3.4.1 Best control technology (BCT), as defined in Section 2.1, shall be installed and operational on all sources of carcinogenic toxic air contaminants (CTACs) prior to operation.

3.4.2 Estimated emissions from the subject facility shall not be anticipated to cause a net risk in excess of one cancer incidence per 1 x 105 population as estimated in a risk assessment conducted pursuant to Section 2.10.

3.4.3 In no event shall emissions impact of any carcinogenic toxic air contaminant (CTAC) in any one hour period exceed 1/420th of the current permissible exposure limit (PEL), as defined in Section 2.6, calculated on a worst case basis beyond the facility property line. This factor may be revised on a pollutant-specific basis by the Air Pollution Control Officer based on reliable scientific data.

3.4.4 A Risk Assessment, as defined in Section 2.10, shall be conducted and submitted to the Air Pollution Control Officer as part of the Authority to Construct permit application required pursuant to Rule 200 (Permits Required), verifying compliance with Subsection 3.4.2 above unless exempted by the Air Pollution Control Officer.  When more than one potential carcinogenic toxic air contaminant (CTAC) is emitted, the risk assessment shall be performed based on the additive impact of the carcinogenic toxic air contaminants (CTACs).

3.4.5 A pollutant status report (PSR), as defined in Section 2.7, shall be proposed, submitted and approved to the satisfaction of the Air Pollution Control Officer as part of the Authority to Construct permit application required pursuant to Rule 200 (Permits Required).

3.4.6 The pollutant status report (PSR) required in accordance with Subsection 3.4.5, above, shall be updated and submitted to the Air Pollution Control Officer by the permit anniversary date of each successive fifth year of the issuance of the Authority to Construct permit pursuant to Rule 200 (Permits Required).

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 Permit Evaluations
In addition to the assumptions specified in this Part, the evaluation of a permit application performed pursuant to District Rule 200 (Permits Required) for a source emitting or having the potential to emit toxic air contaminants (TACs), shall utilize realistically conservative assumptions in those instances where data is either lacking or insufficient, in recognition that the adverse consequences of particular carcinogens and/or specific toxic air contaminants (TACs) into the atmosphere are as yet largely undefined.

4.2 Permit Conditions
All significant parameters of the application shall be a condition of the issuance of the permit.  These include all data upon which the risk assessment is performed.  Any significant change of these conditions may cause a reevaluation of the permit or be considered a violation of these rules and regulations.

4.3 Emissions Determinations

4.3.1 The determination of toxic air contaminant (TAC) emissions and related ambient concentrations shall be performed on a worst case basis unless better data is provided and approved by the Air Pollution Control Officer.

4.3.2 Where reliable data to the contrary is not available, it shall be assumed that the toxic air contaminant (TAC) in question is introduced into the atmosphere in unaltered form continuously, at maximum concentration known to exist at the source.  Where reaction intermediates may occur or process events are indicated that are reasonably documented, those will be taken into account.  The source evaluation required by this rule shall be performed and impacts summed for all release points of the facility, for all reaction intermediates, and for all modes of environmental entrainment both primary and secondary.

4.4 Potency and Toxicity Determinations

4.4.1 Well conducted human research, including positive epidemiological studies, will be given greater weight than data from other species.

4.4.2 Within a single animal species bioassay or in test systems of varying sensitivity, data from the more sensitive sex or animal species, as the case may be, shall be given greater weight.

4.4.3 Where decisive empirical evidence is absent or substantially questionable, the following scaling factor assumptions shall apply:

4.4.3.1 In scaling from animal to humans, the dosage units shall be expressed in mg/m3/day using a surface area correction of two-thirds (2/3) power of weight;
4.4.3.2 The degree of toxic air contaminant (TAC) absorption by humans is assumed to be at least equal to that of the experimental species;
4.4.3.3 Metabolic and pharmacokinetic differences between species will be considered only upon strong evidence; and,
4.4.3.4 No adjustment for inherent susceptibility between species will be assumed.
 

4.4.4 The permissible exposure limit (PEL), as defined in Section 2.6, shall be the basic measure of the relative toxicity of a pollutant.  Where other pertinent data, as approved by the Air Pollution Control Officer, represents the toxicity of the pollutant in question more accurately than the permissible exposure limit (PEL), such other data will be used.

4.4.5 In conducting any determinations pursuant to this Part, the Air Pollution Control Officer shall consult with the California Air Resources Board and the State Office of Environmental Health Hazard Assessment.

4.5 Dose Response Relationships

4.5.1 For purposes of this Rule, no threshold for carcinogens is assumed, unless otherwise approved by the Air Pollution Control Officer upon findings that a sufficient reliable evidence exists for such determination.

4.5.2 In low ranges of the dose response curve of the toxic air contaminant (TAC) for which testing is generally not possible, a linear logarithmic extrapolation of positive slope is assumed based on the findings at the higher concentrations. Unless reliable data is presented which demonstrates to the satisfaction of the Air Pollution Control Officer that a different carcinogenic mechanism applies, the mechanism for carcinogenesis used to describe the dose response curve in the lower range shall be the Multistage Model which assumes that a cell may go through a sequence of specific changes (stages) in order to become malignant.

4.5.3 The use of a linearized 95 percent upper confidence level of risk is required.

4.5.4 For the purposes of this Rule, risk shall be estimated by assuming that the effective dose of the new or modified source is independent of the carcinogens in the background.

4.6 Exposure Assessment

4.6.1 The assessment of risk shall be calculated at he point of maximum ground level impact off the facility property at which point it shall be assumed human exposure occurs.

4.6.2 The human exposure in question is assumed to occur at the point of maximum ground level impact for 70 continuous years with regular or continuous exposure to the concentrations for that entire period.

4.6.3 Inside air is equivalent to outside air.

4.7 Other Assessment Methods
Where the Air Pollution Control Officer determines that reasonable information or lack of information indicates the public's interest may be better protected by doing so:

4.7.1 The Air Pollution Control Officer may require for any given toxic air contaminant (TAC) source and upon good cause shown, a variation in any step(s) or procedure(s) of the toxic air contaminant (TAC) assessment methods required by this rule; and/or

4.7.2 The Air Pollution Control Officer may require other additional assessment methods deemed appropriate to assure that an adequate evaluation on the subject toxic air contaminant (TAC) emissions occurs.

4.8 Emissions Banking
Banking of toxic air contaminant (TAC) emissions is prohibited.

4.9 Toxic Air Contaminant (TAC) Modeling

4.9.1 For new or modified sources of toxic air contaminants (TACs), the appropriate Environmental Protection Agency approved Users Network for Applied Modeling of Air Pollutants series model shall be used.

4.9.2 For new and modified sources of carcinogenic toxic air contaminants (CTACs), the Environmental Protection Agency Industrial Source Complex Short-Term Model shall be utilized for determining carcinogenic toxic air contaminants (CTACs) concentrations, unless the Air Pollution Control Officer approves, in writing, an acceptable alternative.

4.10 Publication and Public Comment
Prior to issuing an Authority to Construct or a Permit to Operate for any federal §112(g) source, the District shall publish in at least one newspaper of general circulation in the District a notice stating the preliminary decision of the District, noting how pertinent information can be obtained, and inviting written public comment for a 30-day period following the date of publication.

4.11 Public Inspection
The District shall make available for public inspection at the District's office the information submitted by the applicant and the District's analysis no later than the date the public notice is published, pursuant to Section 4.10 herein. No later than the noticed date, all such information, including the proposed permit, shall be transmitted to the United States Environmental Protection Agency, and any other interested public agency or party requesting it.

4.12 Violations
Each and every violation of any condition of a permit issued in accordance with this regulation is a separate and distinct violation of the District Rules and Regulations.

4.13 Appeal

4.13.1 Any final determination, approval or denial made by the Air Pollution Control Officer in the course of implementing the requirements of this rule, including any permit conditions which may be imposed pursuant hereto, is appealable to the District Hearing Board in accordance with the procedures set forth in District Regulation VI - Procedure Before The Hearing Board.

 

Administrative List of Carcinogenic Toxic Air Contaminants (CTACs)

determined pursuant to and for the purposes of Rule 1000, Subsection 2.2.2.
Compound

Chemical 
Abstracts 
Number

Acrylonitril 
Arsenic 
Asbestos 
Benzene 
Beryllium 
Cadmium 
Carbon Tetrachloride 
Chloroform 
Chromium VI 
1,4-Dioxane 
Dioxins 
Epichlorohydrin 
Ethylene Dibromide 
Ethylene Dichloride 
Ethylene Oxide 
Formaldehyde 
Lead 
Methylene Chloride 
Nickel 
Nitrosomorpholine 
Perchloroethylene 
Polychlorinated Biphenyls (PCBs) 
Vinyl Chloride

107131

7440382

1332214

71432

7440417

7440439

56235

67663

18540299

123911

1085

106898

106934

107062

75218

50000

7439921

75092

7440020
59892
127184
1336363
75014