(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:
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
(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.
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:
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.
(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.
(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).
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.
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.
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).
(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.
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.
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 ------------------------------------------------------------------- aChemical Abstracts Service NumberbChlorinated 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.
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 --- --------------------------------------------------------------- aChemical Abstracts Service NumberbChlorinated 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.
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) --- ------------------------------------------------------------------- aChemical Abstracts Service Number