california health risk assessment guidance changes: potential impacts to business 10-16-14
DESCRIPTION
This webinar by James Westbrook of BlueScape and Chuck Pomeroy of McKenna Long, provides a discussion of changes to the Air Toxics Hots Spots Health Risk Assessment Guidance Manual. OEHHA has updated the Guidance Manual to reflect advanced science on the health risk impacts to infants and children from air toxics. The result of the changes is calculated health risk impacts could increase by 3 times. The goal of the webinar is to help companies to understand how California agencies could respond to implement the changes, and the potential impact on business activities, including obtaining air permits and CEQA approvals, as well as need to reopen or complete new AB2588 health risk assessments. For more information, Mr. Westbrook can be reached at 877-486-9257 or [email protected], and Mr. Pomeroy can be reached at 213-243-6256 or [email protected]. Also see www.bluescapeinc.com and mckennalong.com.TRANSCRIPT
California HRA Guidance Changes:
Poten&al Impacts on Business
BlueScape Environmental James Westbrook, President
McKenna Long & Aldridge
Chuck Pomeroy, Partner
October 16, 2014
Agenda
• California HRA1 Guidance Changes • Poten&al Business Impacts • Possible Agency Response
– Air District Permits (New Source Review) – California Environmental Quality Act – AB2588 Air Toxic Hot Spots Regula&on – Proposi&on 65
• Recommenda&ons / Summary
1HRA = health risk assessment
CA HRA Guidance – What Changed? • Air Toxics Hot Spots Guidance Manual1
– AB2588, Health & Safety Code Sec. 44300, 1987 – Children’s Environmental Health Protec&on Act of
1999, H&S Code 39606
• Advanced science to protect infants and children
• Technical Support Documents adopted – Noncancer Reference Exposure Levels (2008) – Cancer Potency Factors (2009) – Exposure Adjustment Factors (2012)
1Office of Environmental Health Hazard Assessment (OEHHA) www.oehha.ca.gov/air/hot_spots/index.html
HRA Guidance Manual Update Process
• Draf Guidance released to public, 6/20/14 • Public comment and workshops, closed 8/18/14 • OEHHA Response to comments, Sep 2014 • Draf Guidance released to Scien&fic Review
Panel (SRP), 10/14/14 – SRP Mee&ng 11/12/14
• Future Events: – Final SRP adop&on of Guidance Manual – Update and release of the HotSpots Analysis and
Repor&ng Program (HARP) – California Agencies will adopt the Guidance Manual
Effec%ve Nov 2014 or later
HRA Guidance Detailed Changes Inhala&on Cancer Risk Calcula&ons Assump%on Current Updated
Residen&al Exposure Dura&on
70 years Recommended 30 years
Age Bins One -‐ Adult Six bins
Age Sensi%vity 1.0 from 0 to 70 years
Age Sensi%vity Factors (ASFs) by bins
Breathing Rate Profiles
child, adult by age bins
Breathing Rate Percen%le
95th percen%le, with interim 80th percen%le
Recommended 95th percen%le
Worker Exposure Dura&on
40 Years Recommended 25 years
Frac&on &me at home
1.0 by age bins
Age Sensi&vity Factors (ASFs)
Age Group ASF 3rd Trimester to 2
years 10
2 years to 16 years 3 16 years to 70 years 1
Effect is about 1.7 x higher residen%al cancer risk Current ASF = 1 for 0-‐70 years
Updated Residen&al Breathing Rates (L/kg-‐day)
Effect is about 1.4 x higher cancer risk, at 95th percen%le Current Breathing Rate: Adult 95th = 393 Adult 80th = 302
Age Bin
Percen%le Trimester 0<2 2<9 9<16 16<30 16-‐70
Mean 225 658 535 452 210 185
95th 361 1090 861 745 335 290
Poten&al Business Impacts • IMPACT – residen&al inhala&on risk increases:
– 3 &mes higher using 70-‐yr exposure, 95th percen&le breathing rates
– Higher if mul&-‐pathway pollutants involved • Greater difficulty gekng air permits
– Cancer risk threshold 10 in one million with controls, 1 in one million without controls
– Outright permit denial – Project design change requirements – Opera&onal constraints, limits – Air emission control installa&on
Poten&al Business Impacts (con’t) • Need for refined HRA analysis
– Greater costs, consultants and review fees – Review delays
• CEQA projects – diesel engine emissions, impacts to construc&on project approval
• AB2588 Hot Spots – New facili&es, re-‐open most past HRAs – Risk no&fica&on, risk reduc&on requirements
• Worker risk could decrease with 25-‐year exposure
California Air Districts: Air Permits -‐New Source Review
Air District Rule / Policy Status
South Coast AQMD Rule 1401 Changes in Review1
Bay Area AQMD Reg 2 Rule 5 Residen&al ASFs already adopted2, addi&onal changes for breathing rates pending
San Joaquin Valley APCD
Policy APR-‐1905
Public workshop on 10/9/14, staff report3
1www.aqmd.gov/docs/default-‐source/Agendas/Governing-‐Board/2014/may-‐specsess-‐8b.pdf 2www.baaqmd.gov/Divisions/Engineering/Air-‐Toxics/Review-‐of-‐Air-‐Toxics.aspx 3www.valleyair.org/Workshops/pos&ngs/2014/10-‐09-‐14_OEHHA/Draf-‐Staff-‐Report-‐9-‐23-‐14.pdf
Air District Adop%on Process? Assump%ons? Significance Thresholds?
Other Regula&ons
• California Environmental Quality Act
• AB2588 Hot Spots Regula&on • Proposi&on 65
Recommenda&ons / Summary • Know HRA Guidance changes may lead to
significant impacts and costs to business • Get permit approvals now, ahead of District
implementa&on • Get involved, par&cipate in the proceedings • Plan for changes, build impacts into feasibility
review and design • Consider a refined HRA to get approval … but • Know a refined HRA can lead to permikng
delays • Follow this developing story
Ques&ons? Contact Informa&on James Westbrook, President BlueScape Environmental Office: 858-‐695-‐9200 x201 Mobile: 858-‐774-‐2009
[email protected] www.bluescapeinc.com
Chuck Pomeroy, Partner
McKenna Long and Aldridge, LLP Office: 213-‐243-‐6256
[email protected] www.mckennalong.com