BlueScape Pressure on Metal Facilities is Heating Up! Update on the Los Angeles Air Toxics Initiative Webinar 092817

Pressure on Metal Facilities is Heating Up!

Update on the Los Angeles Air Toxics Initiative

James Westbrook, CPP | President Michael Stewart, PE | Project Manager

September 28, 2017

Webinar  Topics  

•  Background to the Air Toxics Initiative

•  Summary of Enforcement and Rulemaking

•  Impacts on Metal Processing Facilities

•  Recommendations for Evaluation & Next Steps

Poll – How did the LA Air Toxics Initiative Begin?

•  SCAQMD enforcement action against high-emitters

•  Erin Brockovich lawsuits •  A facility “turned themself” in to the health

dept.

•  Community action •  The Exide Vernon case

Background to the Los Angeles Air Toxics

Initiative

Air  Toxics  &  the  Snowball  Effect  

Air Toxics Initiative Timeline

2007 – 2015: Exide Lead

SCAQMD Rules 1420.1 and

1420.2

2017 - 2024??:

- SCAQMD Air Toxics Initiative

- State & Local Rule Developments

-  Enforcement & Monitoring in

Paramount, Compton and Long Beach

-  LA City Motion -  What’s NEXT?

2012-2017:

-  Paramount CrVI Monitoring

-  Anaplex, Aerocraft and Carlton Forge

2010 – 2015: -  Hixson Metal

CrVI -  Rule 1402 Risk

Reduction

CrVI – One Bad Hombre (and the other guys)

•  CrVI is a state that occurs in high-heat or strong oxidation processes, or introduced in compound form –  Cr to CrVI - Furnaces, heat treating, welding rod use, laser or

arc cutting and other types of “hot work” –  Chrome plating, anoziding, chromic acid baths with heating or

sparging –  Cr compounds used in coating pigments and spray booths,

military spec •  CrVI is very toxic and known to cause cancer & other

long-term chronic health effects •  How can CrVI get into the air? •  Lead, nickel, arsenic, cadmium, beryllium

Summary of Enforcement & Rulemaking Activities

Nuisance, Public Health, and SCAQMD Enforcement

•  SCAQMD has various tools to regulate air toxic metal emissions –  Rule 1401/permits, Reg. IV rules, Rule 1402/AB2588 –  But have to be a “fit”

•  Public Nuisance laws primary enforcement tool –  SCAQMD Rule 402, H&S Code 41700 –  “ shall not discharge … contaminants .. which cause injury,

detriment, nuisance or annoyance to any considerable number of persons or to the public .. or which endanger the comfort, repose, health or safety …”

•  “Imminent and substantial endangerment” language not in nuisance regulations

•  Orders for Abatement issued by the Hearing Board –  Process, Evidence, Action

•  SCAQMD’s mission to strengthen tools    

2015  Risk  Guideline  Changes  

Increased  Monitoring  &  Tes<ng  

EJ  Community  Ac<va<on  

CrVI  Emissions  

Increased  Public  

Nuisance  Enforcement  

Odors  

Paramount Enforcement – Anaplex

•  Metal finishing facility •  AQMD fenceline & community monitoring •  1 ng/m3 CrVI ambient threshold, 3 samples

–  0.2 ng/m3 = 100 in one million resident cancer risk •  Anaplex Order for Abatement in Jan 2017 for emissions

exceeding 1 ng/m3

–  Ordered to temporarily shut down all equipment w/PTE CrVI on June 27th, 2017

•  Required controls include: –  Close access doors, reduce tank emissions,

housekeeping •  Precursor to rulemaking, amended Rule 1469/1426

Paramount Enforcement - Carlton Forge

•  Metal forging facility •  Public odor complaints starting in 2012-2013

–  190 odor complaints since Dec 9, 2016 à 17 NOVs

•  Voluntary controls installed for grinding •  Nickel emissions went down, but CrVI constant •  Precursor to rulemaking, Rule 1430

–  Related to grinding specifically

•  Additional review of odor controls in process  

Compton & Long Beach Enforcement

•  SCAQMD putting the Air Toxics Initiative in play ….

•  Multiple facilities in Compton – Ambient CrVI monitoring began June 2017 –  99 inspections conducted in July 2017

•  5 NOVs and 16 NTCs issued

–  Expecting Orders for Abatement

•  Lubeco in North Long Beach

South Coast AQMD Rulemaking

•  Exide – Rules 1420.1 and 1420.2 for lead •  Carlton Forge – Rule 1430 for CrVI and odors •  Hixson, Paramount, Compton, etc. – Proposed

Amended Rules 1426 / 1469 for CrVI •  Other Proposed Amended rules, capture more

sites and consistency: –  Rule 1420 for small lead melters –  Rule 1407 for ferrous and non-ferrous facilities

•  New Rules Coming - other units and operations – heat treating, laser cutting, grinding; larger facilities

New State Air Toxics Legislation

•  Assembly Bill 617 (passed 7/26/17): –  ARB to expand community toxics monitoring for high

priority facilities –  Authorize air districts to require facility fenceline

monitoring •  Facility with elevated cancer or noncancer prioritization score

–  Districts can require “best controls” to reduce toxics

•  Assembly Bill 1132 (passed 8/7/17) –  Air districts can issue an “interim” Order for Abatement

•  Currently must be noticed and hearing occur, with approval before Order can be issued

–  Finding of “imminent and substantial endangerment to the public health or welfare”

–  Air district must meet facility, work on a “stipulated” interim Order

–  The interim orders are temporary.  

LA City Council Motion and beyond …

•  Motion passed by LA City Council on 8/30/17 •  Identified 21,000 metal processing sites with CrVI •  Bureau of Sanitation to work with SCAQMD and LA

Co Health Dept w/in 30 days –  Update priority ranking of sites with excessive CrVI –  Plan for joint inspections –  Analyze environmental justice impacts –  Update on ways to reduce health effects to LA residents

•  What other cities, counties, agencies, initiatives, areas in California? –  When will the air toxics snowball slow down??

SCAQMD Rule Developments in Response

to Air Toxics Initiative

SCAQMD Metals Rule Applicability by Operation Type

Activity 1420 1420.1 / 1420.2 1430 1469 /

1426 1407 1435 1445

Amendment Review Adopted Adopted Amendment

Review Amendment

Review Pending Pending

Foundry ✔ ✔ ✔

Machine Shop ✔

Stamping

Metal Finisher ✔ ✔

Forger ✔

Smelter ✔ ✔

Grinding ✔ ✔ ✔

Saw Cutting ✔ ✔

Welding ✔

Dust / Fugitives ✔ ✔ ✔ ✔ ✔ ✔

Odors ✔ ✔

Finishing ✔

Melting ✔ ✔ ✔

Heat Treating ✔ ✔

Laser Cutting ✔

Proposed Amended Rules

•  Rule 1420 – Emissions Standards for Lead –  SCAQMD proposed amendments to the rule

–  Applies to metal melting or lead processing facilitates •  Exempt if process < 2 TPY lead

–  Ambient lead concentration requirements:

•  0.150 µg/m3 through 2020, 0.100 µg/m3 2021 and beyond –  Emissions to be vented to HEPA filter controls (alternative

compliance option available) –  Source testing demonstrations –  Fenceline ambient lead monitoring

•  If process more > 10 TPY lead •  If > 2 TPY, but < 10 10 TPY, can avoid with modeling studies

–  Total Enclosures –  Housekeeping Requirements

Approved SCAQMD Metals Rules

•  Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities –  If facility melts > 100 TPY lead –  Would require total enclosure for all lead processing

operations –  Ambient air monitoring requirements –  Lead point source emission controls –  Source testing –  Total enclosures

Recently Adopted Rule

•  Rule 1430 - Control of Emissions From Metal Grinding Operations at Metal Forging Facilities –  Requires total enclosure for all metal grinding and cutting

operations –  Emissions requirements:

•  0.002 grains PM per dscf •  Vented to HEPA filter & continuous data logger

–  Odor reduction –  Source testing –  Housekeeping requirements –  Compliance dates for total enclosures around metal

grinding or cutting operations started 9/3/17

Proposed Amended Rules

•  Rule 1469 – CrVI Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations

–  Would require enclosure for all tank operations with CrVI –  Point source controls Tier II tanks (high conc. or temp., or rectified) –  Periodic source testing –  Potential regulations on tanks currently not subject to Rule 1469 (Rinse,

passivate, dichromate seal, etc.) –  Getting help from other City of LA agencies to find CrVI emitters

•  Rule 1426 - Emissions from Metal Finishing Operations –  Facilities performing Cr, Ni, Cd, Pb or Cu operations, or chromic acid

anodizing (See Rule 1469) –  Compliance reports & housekeeping requirements –  No control requirements –  AQMD is using facilities under this Rule as a vehicle to capture facilities

under Rule 1469

Proposed Amended Rules

•  Rule 1407 – Control of Emissions of Arsenic, Cadmium, and Nickel from Non-Ferrous Metal Melting Operations –  Proposed amendments

–  Includes smelting, die casting, galvanizing & more –  Control fugitive emissions by building enclosures

–  Point source controls

–  More housekeeping –  Source Testing to measure control efficiency

–  Exempt if < 1 TPY metal melting –  Next workshop in December 2017

SCAQMD Metals Rules In the Pipeline

•  Rule 1435 Control of Emissions from Metal Heat Treating Processes –  A proposed rule –  Being moved from Nov to 2nd quarter 2018

•  Rule 1445 Control of Toxic Emissions from Laser Arc Cutting –  Will establish requirements to reduce toxic metal particulate

emissions from laser arc cutting

Loss of Permitting Exemption

•  Loss of exemption language clearly stated in rules.

•  Can lose exemption if the AQMD see your process as a health risk concern.

•  Rule 219/222 –  Equipment losing exemptions and will require permits

•  Example: No exemptions for plating, stripping or anodizing if tank contains Cr, Ni, Pb, or Cd and is rectified, sparged, or heated

Key Common Downstream Impacts of Rulemaking

•  Loss of permit exemption •  Increased source testing requirements •  Increased ambient monitoring

•  Increased emission controls of point sources –  HEPA filters, baghouse, etc.

•  Increased emission controls of fugitive sources –  Enclosures

•  Increased housekeeping requirements

Impacts on Metal Processing Facilities

How to Know if You Could be a High Priority?

•  Do you emit CrVI, cadmium, nickel, lead, or arsenic?

•  Is the facility located near residences or schools? •  Is the facility located in an Environmental Justice

(EJ) area? •  Potential for fugitive toxic emissions or odors? •  Any previous issues related to metal emissions:

NOVs, NTCs, etc? •  On other lists, like for Rule 1402?

Carlton Forge is a High Priority

How to Know if You Could be a “Bad Player?”

•  Know your emissions •  Are these sources controlled? •  Are all emission sources permitted? •  Metals-related NTCs/NOVs? •  Any odor complaints? •  Is your facility clean and is proper housekeeping

performed? •  Where are the prevailing winds coming from?

What Can Happen if the Emissions & Monitoring Results are Too High?

•  Installation of emission controls may be required: –  Baghouses/HEPA filters

–  Enclosures

•  Required to source test or monitor •  Emissions, source test or monitoring results may need to be

modeled: –  To assess health risk impacts –  HRA methodologies were updated in 2015 à 3x higher impacts

•  Any of these activities are expected to yield high costs to the facility

•  If seen as “imminent danger” to public, potential process limits or operation curtailment

What Can Happen if the Emissions & Monitoring Results are Bad?

Potential Costs to Your Facility

Potential Costs to Your Facility

Lubeco Example – Formula for an Order of Abatement

•  July 2017, AQMD petitioned for Stipulated Order of Abatement & was granted by Hearing Board on August 23

•  Result of “intensive investigation” à high levels of CrVI •  Short & long-term measures to reduce CrVI •  Shut down equipment if > 1 ng/m3 •  Removal of certain tanks w/CrVI •  Modification of certain practices •  Risk reduction plan •  Installation of control equipment •  Periodic AQMD inspections to ensure compliance with the

Order

Recommended Evaluations

Prepare Yourself With All of the Information

•  Know the rules and those that apply to you. •  Make sure the emission inventory reports are accurate

–  Review emission factors, process throughput and other assumptions

•  Which is the highest source of CrVI emissions? –  Furnace? –  Welding? –  Cutting?

•  Do you think your equipment could be a problem? Perform a fact-finding source test or ambient monitoring

•  Has an HRA been previously performed? •  Know how this could affect your suppliers and purchasers.

Proactive Actions to Avoid SCAQMD Enforcement

•  Be prepared before SCAQMD arrives – know what the potential problems are/will be.

•  Be prepared to update emissions with better information.

•  Begin getting cost estimates on expected control equipment. –  Plan for enclosures, scrubbers, dust collectors, HEPA filters,

housekeeping and other measures

•  Attack the low hanging fruit first.

•  Be prepared to communicate with the SCAQMD.

Conclusions

Develop a Plan

•  Do your homework –  Collect all information

–  Review compliance history –  Visit all the equipment

–  Compare permits to equipment operation – is everything accurate?

–  Know your neighbors

•  What is the “high risk” equipment? –  Know the emissions and health risk impacts, evaluate

need for controls, prepare for source tests and monitoring

•  Get help!

Get Involved

•  Keep up to date with rule development •  Know where you fit into these rule developments •  Attend workshops and public hearings •  Attend town hall meetings •  Submit comments for rule development •  Be active in local environmental organizations

A Consultant Can Help You

There are experts who can: •  Review rule applicability •  Help you know if you are a “target” or a “bad player” •  Ensure your emission reports are accurate •  Support source testing or ambient monitoring •  Perform health risk calculations & modeling •  Communicate with the air districts and other agencies

Ques:ons?  Contact  Informa:on  

James A. Westbrook, CPP | President [email protected]

Michael Stewart, PE | Project Manager

[email protected]

(877) 486 – 9257 www.bluescapeinc.com

Connect with us on Linkedin!

The webinar presentation will be posted on Slideshare and YouTube