SCAQMD RULE 1402 CONTROL OF TOXIC AIR CONTAMINANTS FROM EXISTING SOURCES
LAST REVISED 04/08/94



(Adopted April 8, 1994)

RULE 1402. CONTROL OF TOXIC AIR CONTAMINANTS FROM EXISTING SOURCES

(a) Purpose

The purpose of this rule is to reduce the health risk associated with emissions of toxic air contaminants from existing sources by specifying limits for maximum individual cancer risk (MICR) and noncancer acute and chronic hazard index (HI) applicable to total facility emissions and requiring facilities to implement risk reduction plans to achieve these risk limits as required by the Hot Spots Act.

(b) Summary

The rule requires the operator of any facility which poses a health risk exceeding significant risk levels of a MICR of one hundred in one million (1.0 x 10-4) or a total acute or chronic HI of five (5.0) to submit and implement a risk reduction plan which will reduce below the significant risk levels as quickly as feasible but by no later than five (5) years from the initial plan submittal date.

(c) Applicability

This rule shall apply to any facility for which the impact of total facility emissions exceeds any significant risk level as indicated in one of the following:

  1. A health risk assessment required pursuant to the Hot Spots Act and approved by the District;

  2. A health risk assessment prepared by the District for the purpose of this rule for a facility or category of facilities, including but not limited to facilities for which the District has prepared an industrywide emission inventory pursuant to the Hot Spots Act; or

  3. A health risk assessment required pursuant to subdivision (e) of this rule and approved by the District.

Except for facilities subject to the rule pursuant to paragraph (c)(2), this rule shall not apply to facilities which have not been notified by the District to prepare a health risk assessment pursuant to this rule or the Hot Spots Act.

(d) Definitions

  1. ACCEPTABLE STACK HEIGHT for a permit unit is defined as a stack height that does not exceed two and one half times the height of the permit unit or two and one half times the height of the building housing the permit unit, and shall not be greater than 65 meters (213 feet), unless the operator demonstrates to the satisfaction of the Executive Officer that a greater height is necessary.

  2. FACILITY means any permit unit or grouping of permit units or other air contaminant-emitting activities which are located /n one or more contiguous properties within the District, in actual physical contact or separately solely by a public roadway or other public right-of-way, and are owned or operated by the same person (or persons under common control). Such above-described groupings, if remotely located and connected only by land carrying a pipeline, shall not be considered one facility.

  3. HOT SPOTS ACT means the Air Toxics "Hot Spots" Information and Assessment Act of 1987, incorporated at Part 6, Division 26 of the Health and Safety Code, and amendments to this act.

  4. INDIVIDUAL SUBSTANCE ACUTE HAZARD INDEX (HI) is the ratio of the estimated maximum one-hour concentration of a toxic air contaminant at a receptor location to its acute reference exposure level.

  5. INDIVIDUAL SUBSTANCE CHRONIC HAZARD INDEX (HI) is the ratio of the long-term level of exposure to a toxic air contaminant for a potential maximally exposed individual to the chronic reference exposure level for the toxic air contaminant.

  6. INITIAL PLAN SUBMITTAL DATE is the date that the initial risk reduction plan is submitted to the District, but no later than six months following notification by the Executive Officer that a risk reduction plan is required.

  7. MAXIMUM INDIVIDUAL CANCER RISK (MICR) is the estimated probability of a potential maximally exposed individual contracting cancer as a result of exposure to toxic air contaminants.

  8. OPERATOR means the person who owns or operates a facility or part of a facility.

  9. RECEPTOR LOCATION means:

    (A) for the purpose of calculating acute HI, any location outside the boundaries of the facility at which a person could experience acute exposure; and

    (B) for the purpose of calculating chronic HI or MICR, any location outside the boundaries of the facility at which a person could experience chronic exposure.

    The Executive Officer shall consider the possibility of potential exposure at a location in determining whether the location will be considered a receptor location.

  10. RISK REDUCTION MEASURE is a control measure which will reduce or eliminate the health risk associated with emissions of toxic air contaminants, is real, permanent, quantifiable, and enforceable through District permit conditions if applicable, and meets the requirements of the Hot Spots Act. Risk reduction measures may include, but are not limited to feedstock modification; product reformulations; production system modifications; system enclosure, emissions control, capture or conversion; operational standards or practices modifications; emissions collection and exhaust; source control; or alternative technologies.

  11. SIGNIFICANT RISK LEVEL for purpose of this rule is a MICR of one hundred in one million (1.0 x 10-4) or a total acute or chronic HI greater than five (5.0) for any target organ system at any receptor location, as calculated for the toxic air contaminants listed in Tables I, II and III.

  12. TOTAL ACUTE HAZARD INDEX (HI) is the sum of the individual substance acute HIs for all toxic air contaminants identified in the risk assessment guidelines as affecting the same target organ system.

  13. TOTAL CHRONIC HAZARD INDEX (HI) is the sum of the individual substance chronic HIs for all toxic air contaminants identified in the risk assessment guidelines as affecting the same target organ system.

  14. TOXIC AIR CONTAMINANT is an air pollutant which may cause or contribute to an increase in mortality or serious illness, or which may pose a present or potential hazard to human health. For the purpose of this rule, toxic air contaminants are those listed in Tables I, II and III.

(e) Risk Assessment Requirements

Within 150 days of the date of notification by the Executive Officer, an operator shall submit to the District a health risk assessment for total facility emissions. The Executive Officer may require a health risk assessment from a facility when in possession of information indicating that emission levels from the facility could potentially cause exceedance of the significant risk levels.

(f) Risk Reduction Requirements

The following requirements shall apply to the operator of any facility whose emissions cause an exceedance of any significant risk level as indicated in a health risk assessment approved or prepared by the District:

  1. Risk Level Attainment Requirements

    The operator shall implement the risk reduction measures specified in a risk reduction plan approved by the Executive Officer to reduce the impact of total facility emissions below the significant risk levels as quickly as feasible but by no later than five (5) years from the initial plan submittal date. Each risk reduction measure in an approved plan shall be implemented by the dates specified in the plan for that risk reduction measure.

  2. Submittal of Risk Reduction Plans

    (A) The Executive Officer shall publish procedures for preparing risk reduction plans under this rule. The procedures shall include self-conducted audits and checklists which may be used by certain categories of facilities in lieu of preparing a risk reduction plan.

    (B) Within 180 days of the date of notification by the Executive Officer, the operator shall submit to the Executive Officer for approval a risk reduction plan which includes at a minimum all of the following:

    (i) The name, address, SCAQMD identification number and SIC code of the facility;

    (ii) A facility risk characterization which includes an updated air toxics emission inventory and health risk assessment, if the risk due to total facility emissions has increased above the level indicated in the previously approved health risk assessment;

    (iii) Identification of each source from which risk must be reduced in order to achieve the significant risk levels;

    (iv) For each source identified in clause (f)(2)(B)(iii), an evaluation of the risk reduction measures available to the operator, including emission and risk reduction potential and time necessary for implementation;

    (v) Specification of the risk reduction measures that shall be implemented by the operator to comply with the risk level attainment requirements of paragraph (f)(1);

    (vi) A schedule for implementing the specified risk reduction measures as quickly as feasible. The schedule shall include the submittal of all necessary applications for permits to construct or modify within 180 days of approval of the plan, or in accordance with another schedule subject to approval of the Executive Officer, and specify the dates for other increments of progress associated with implementation of the risk reduction measures;

    (vii) An estimation of the residual health risk after implementation of the specified risk reduction measures;

    (viii) Proof of certification of the risk reduction plan as meeting all requirements by an engineer who is registered as a professional engineer pursuant to Business and Professions Code Section 6762, by an individual who is officially responsible for the processes and operations of the facility, or by a registered environmental assessor.

  3. Approval of Risk Reduction Plans

    (A) The Executive Officer shall approve or reject the plan within three (3) months of submittal based on the operator's ability to demonstrate timely compliance with the risk level attainment requirements of paragraph (f)(1). The operator may appeal the rejection of a plan or the failure of the Executive Officer to act on a plan submittal to the Hearing Board under Rule 216. Plans shall be revised and resubmitted within 90 days of the date of receipt of a rejection notice. The revised plan shall correct all deficiencies identified by the Executive Officer. The approved plan shall be subject to Rule 221.

    (B) If the risk reduction plan contains a facility risk characterization demonstrating to the satisfaction of the Executive Officer that the facility does not exceed the significant risk levels, the plan may be approved without the inclusion of the plan components specified in subparagraphs (f)(2)(B)(iii) through (vii).

  4. Progress Reports

    The operator shall submit to the Executive Officer for approval, by no later than the date(s) that updates of emission inventories are required for the facility pursuant to the Hot Spots Act and no less frequently than every two (2) years, progress report(s) on the emissions and risk reduction achieved by the plan which include at a minimum all of the following:

    (A) The increments of progress achieved in implementing the risk reduction measures specified in the plan;

    (B) A schedule indicating dates for future increments of progress;

    (C) Identification of any increments of progress that have been or will be achieved later than specified in the plan and the reason for achieving the increments late;

    (D) A description of any increases or decreases in emissions of toxic air contaminants that have occurred at the facility, including a description of any associated permits that were subject to Rule 1401, since approval of the plan.

  5. Updating of Risk Reduction Plans

    If information becomes known to the Executive Officer after the initial plan submittal date on air toxics risks posed by the facility or emission reduction technologies that may be used by the facility that would substantially impact risks to exposed persons or implementation of the risk reduction plan, the Executive Officer may require the plan to be updated and resubmitted.

  6. Plan Modification for Change of Risk Reduction Measures

    Prior to a change in the risk reduction measures specified in the currently approved plan, the operator shall submit to the Executive Officer for approval an application for plan modification. The application shall include a demonstration that the change of risk reduction measures will not result in compliance with the significant risk levels later than provided in paragraph (f)(1).

(g) Risk Assessment Procedures

  1. The Executive Officer shall periodically publish or designate procedures for determining health risks under this rule. To the extent possible, the procedures shall be consistent with the policies and procedures of the Office of Environmental Health Hazard Assessment (OEHHA). Such procedures shall specify:

    (A) Acute and chronic reference exposure levels and upper bound estimates of carcinogenic potency that shall be used in evaluating risks;

    (B) Compounds that must be subject to a multiple pathway risk assessment. A compound is subject to multiple pathway analysis if the Executive Officer determines that it may reasonably be expected to cause health risk through ingestion exposure, if it is expected to deposit and persist in the environment after emission, and if a quantitative oral cancer potency estimate or reference exposure level has been derived for the compound;

    (C) Health protective assumptions that shall be used in evaluating exposure to compounds from inhalation and other routes of exposure. This will include an assumption of a 70 year period of operation for the sources of toxic air contaminants;

    (D) Risk for the potential maximally exposed individual shall be based upon continuous exposure for 70 years in residential areas and health protective estimates of exposure duration in nonresidential areas;

    (E) Estimates of pollutant dispersion and risk from a source shall not be based upon stack height in excess of acceptable stack height.

  2. Within 120 days of publication of the risk assessment guidelines required to be published by the OEHHA pursuant to the Air Toxics "Hot Spots" Information and Assessment Act of 1987, the Executive Officer shall report to the District Governing Board if there are any material differences between the OEHHA guidelines and the criteria specified in paragraph (g)(1) and recommend for Board approval whether to proceed with amendments to this rule in order to make the rule consistent with the OEHHA guidelines before their designation as the risk assessment guidelines under this rule.

  3. The Executive Officer shall publish procedures for determining the emissions estimates to be used in risk assessments in cases in which a compound has not been detected in analyses which have been conducted according to District-approved methods, including procedures for excluding such compounds from risk assessments. The procedures shall provide methods for estimating the most likely emission levels of nondetected compounds based on consideration of the likelihood of presence and the method detection limits of compounds.

(h) Alternate Hazard Index Levels

An alternate hazard index level may be used as the significant risk level for a particular total acute or chronic HI if the Office of Environmental Health Hazard Assessment determines that such alternate hazard index level is protective against adverse health effects. The alternate HI level shall not in any case exceed 10. The facility operator shall attain the alternate HI level as quickly as feasible but by no later than five (5) years from the initial plan submittal date.

(i) Compliance with this rule does not authorize the emission of a toxic air contaminant in violation of any federal, state, local or District law or regulation or exempt the operator from any law or regulation.

(j) Risk reduction measures implemented in order to comply with other regulatory requirements are acceptable risk reduction measures for the purposes of this rule, provided they are consistent with the requirements of this rule.


TABLE I

TOXIC AIR CONTAMINANTS
TO BE EVALUATED FOR CANCER RISK

    Substance                                     CAS Numbera
    ----------------------------------------------------------
    Acetaldehyde                                     75-07-0                            
    Acrylamide                                      79-06-01                           
    Acrylonitril                                    107-13-1                           
    Arsenic and compounds (inorganic)              7440-38-2                          
    Asbestos                                       1332-21-4                          
    Benzene                                          71-43-2                            
    Benzidine (and its salts)                        92-87-5                            
    Beryllium                                      7440-41-7                          
    Bis(2-chloroethyl)ether                         111-44-4                           
    Bis(chloromethyl)ether                          542-88-1                           
    1,3-But!diene                                   106-99-0                           
    Cadmium and compounds                          7440-43-9                          
    Carbon tetrachloride                             56-23-5                            
    Chlorinated dioxins and dibenzofurans                                         
      (TCDD equivalents)b                              ---                                
    Chloroform                                       67-66-3                            
    Chloroprene                                     126-99-8                           
    Chromium (hexavalent)                          7440-47-3                          
    Coke oven emissions                                ---                                
    1,2-Dibromo-3-chloropropane                      96-12-8                            
    p-Dichlorobenzene                               106-46-7                           
    3,3'-Dichlorobenzidene                           91-94-1                            
    Di(2-ethylhexyl)phthalate                       117-81-7                           
    2,4-Dinitrotoluene                              121-14-2                           
    1,4-Dioxane                                     123-91-1                           
    Diphenylhydrazine                               122-66-7                           
    Epichlorohydrin                                 106-89-8                           
    Ethylene dibromide                              106-93-4                           
    Ethylene dichloride                             107-06-2                           
    Ethylene oxide                                   75-21-8                            
    Formaldehyde                                     50-00-0                            
    Hexachlorobenzene                               118-74-1                           
    Hexachlorocyclohexanes                             ---                                
    Hydrazine                                       302-01-2                           
    Methylene chloride                               75-09-2            
    Nickel and compounds                               ---                
    N-Nitroso compounds:                                          
         Dimethylnitrosamine                         62-75-9            
         Diethylnitrosamine                          55-18-5            
         Dibutylnitrosamine                         924-16-3           
         N-Nitrosodi-n-propylamine                  621-64-7           
         N-Nitrosomethylethylamine                10595-95-6         
         N-Nitrosopyrrolidine                       930-55-2           
         N-Nitrosodiphenylamine                      86-30-6            
         N-Nitroso-N-ethylurea                      759-73-9           
         N-Nitroso-N-methylurea                     684-93-5           
    Pentachlorophenol                                87-86-5            
    Perchloroethylene                               127-18-4           
    Polychlorinated biphenyls                      1336-36-3          
    Polynuclear aromatic hydrocarbons (PAH)                       
         Benz(a)anthracene                           56-55-3            
         Benzo(a)pyrene                              50-32-8            
         Benzo(b)fluoranthene                       205-99-2           
         Benzo(k)fluoranthene                       207-08-9           
         Chrysene                                   218-01-9           
         Dibenz(a,h)anthracene                       53-70-3            
         Indeno(1,2,3-cd)pyrene                     193-39-5           
    Propylene oxide                                  75-56-9            
    Trichloroethylene                                79-01-6            
    2,4,6-Trichlorophenol                            88-06-2            
    Urethane (Ethyl carbamate)                       51-79-6            
    Vinyl chloride                                   75-01-4            
    
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    aChemical Abstracts Service Number
    

    bChlorinated dioxins and furans comprise a number of homologue groups (tetra, penta, etc.) and each homologue group includes a number of isomers. TCDD equivalents shall be calculated according to the method recommended by the California Environmental Protection Agency, Office of Environmental Health Hazard Assessment.


TABLE II

TOXIC AIR CONTAMINANTS
TO BE EVALUATED FOR CHRONIC HAZARD INDEX

    Substance                                    CAS Numbera                        
    ---------------------------------------------------------
    Acetaldehyde                                    75-07-0                            
    Acrolein                                       107-02-8                           
    Acrylamide                                     79-06-01                           
    Acrylonitrile                                  107-13-1                           
    Ammonia                                       7664-41-7                          
    Arsenic                                       7440-38-2                          
    Benzene                                         71-43-2                            
    Benzidine (and its salts)                       92-87-5                            
    Benzyl chloride                                100-44-7                           
    Beryllium                                     7440-41-7                          
    Bromine                                       7726-95-6                          
    Bromine pentafluoride                         7789-30-2                          
    Cadmium                                       7440-43-9                          
    Carbon tetrachloride                            56-23-5                            
    Chlorinated dioxins and dibenzofurans                                         
      (TCDD equivalent)b                             ---                                
    Chlorine                                      7782-50-5                          
    Chlorobenzene                                  108-90-7                           
    Chlorinated fluorocarbon (CFC-113)              76-13-1                            
    Chloroform                                      67-66-3                            
    2-Chlorophenol                                  95-57-8                            
    Chloropicrin                                    76-06-2                            
    Chloroprene                                    126-99-8                           
    Chromium (hexavalent)                         7440-47-3                          
    Copper and compounds                             ---                                
    Cresol (o, m and p isomers)                      ---                                
    1,2-Dibromo-3-chloropropane                     96-12-8                            
    p-Dichlorobenzene                              106-46-7                           
    Di(2-ethylhexyl)phthalate                      117-81-7                           
    Dimethylamine                                  124-40-3                           
    1,4-Dioxane                                    123-91-1                           
    Epichlorohydrin                                106-89-8                           
    Ethyl acrylate                                 140-88-5                           
    Ethyl chloride                                  75-00-3                            
    Ethylene dibromide                             106-93-4                           
    Ethylene dichloride                            107-06-2                           
    Ethylene glycol butyl ether                    111-76-2                           
    Ethylene glycol ethyl ether                    110-80-5                           
    Ethylene glycol ethyl ether acetate            111-15-9                           
    Ethylene glycol methyl ether                   109-86-4                           
    Ethylene glycol methyl ether acetate           110-49-6                           
    Ethylene oxide                                  75-21-8                            
    Formaldehyde                                    50-00-0                            
    Glutaraldehyde                                 111-30-8                           
    Hexachlorobenzene                              118-74-1                           
    Hexachlorocyclohexane, gamma isomer             58-89-9                            
    Hexachlorocyclopentadiene                       77-47-4                            
    Hydrazine                                      302-01-2                           
    Hydrochloric acid                             7647-01-0                          
    Hydrogen bromide                             10035-10-6                         
    Hydrogen cyanide                                74-90-8                            
    Hydrogen fluoride                             7664-39-3                          
    Hydrogen sulfide                              7783-06-4                          
    Lead and componds                                 ---                                
    Maleic anhydride                               108-31-6                           
    Manganese and compounds                           ---                                
    Mercury and compounds (inorganic)                 ---                                
    Methanol                                        67-56-1                            
    Methyl bromide                                  74-83-9                            
    Methyl chloroform (1,1,1-TCA)                   71-55-6                            
    Methyl isocyanate                              624-83-9                           
    Methyl mercury                                 593-74-8                           
    Methyl methacrylate                             80-62-6                            
    Methylene chloride                              75-09-2                            
    4,4'-Methylene dianiline (and its              101-77-9                           
    dichloride)                                                                   
    Mineral fibers (<1% free silica)                  ---                                
    Naphthalene                                     91-20-3                            
    Nickel and compounds                              ---                                
    Nitrobenzene                                    98-95-3                            
    2-Nitropropane                                  79-46-9                            
    Pentachlorophenol                               87-86-5                            
    Perchloroethylene                              127-18-4                           
    Phenol                                         108-95-2                           
    Phosphine                                     7803-51-2                          
    Phosphorus (white)                            7723-14-0                          
    Phthalic anhydride                              85-44-9                            
    Polychlorinated biphenyls                     1336-36-3                          
    Propylene oxide                                 75-56-9                            
    Selenium and compounds                            ---                                
    Sodium hydroxide                              1310-73-2                          
    Styrene                                        100-42-5                           
    Tetrachlorophenols                                ---                                
    Toluene                                        108-88-3                           
    Toluene-2,4-diisocyanate                       584-84-9                           
    Toluene-2,6-diisocyanate                        91-08-7                            
    Trichloroethylene                               79-01-6                            
    Vinyl chloride                                  75-01-4                            
    Vinylidene chloride                             75-35-4                            
    Xylene (o, m and p isomers)                       ---                                
    Zinc and compounds                                ---                                
    
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    aChemical Abstracts Service Number
    

    bChlorinated dioxins and furans comprise a number of homologue groups (tetra, penta, etc.) and each homologue group includes a number of isomers. TCDD equivalents shall be calculated according to the method recommended by the California Environmental Protection Agency, Office of Environmental Health Hazard Assessment.


TABLE III

TOXIC AIR CONTAMINANTS
TO BE EVALUATED FOR ACUTE HAZARD INDEX

    Substance                                     CAS Numbera                        
    -----------------------------------------------------------
    Acrolein                                        107-02-8                           
    Ammonia                                        7664-41-7                          
    Arsine                                         7784-42-1                          
    Benzyl chloride                                 100-44-7                           
    Carbon tetrachloride                             56-23-5                            
    Chlorine                                       7782-50-5                          
    Copper and compounds                               ---                                
    1,4-Dioxane                                     123-91-1                           
    Ethylene glycol butyl ether                     111-76-2                           
    Ethylene glycol ethyl ether                     110-80-5                           
    Ethylene glycol ethyl ether acetate             111-15-9                           
    Ethylene glycol methyl ether                    109-86-4                           
    Formaldehyde                                     50-00-0                            
    Hydrochloric acid                              7647-01-0                          
    Hydrogen cyanide                                 74-90-8                            
    Hydrogen fluoride                              7664-39-3                          
    Hydrogen sulfide                               7783-06-4                          
    Maleic anhydride                                108-31-6                           
    Mercury (inorganic)                                ---                                
    Methyl chloroform (1,1,1-TCA)                    71-55-6                            
    Methylene chloride                               75-09-2                            
    Nickel and compounds                               ---                                
    Perchloroethylene                               127-18-4                           
    Phosgene                                         75-44-5                            
    Propylene oxide                                  75-56-9                            
    Selenium and compounds                             ---                                
    Sodium hydroxide                               1310-73-2                          
    Xylene (o, m and p isomers)                        ---                                
    
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    aChemical Abstracts Service Number