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
(877) 486 – 9257 www.bluescapeinc.com
Connect with us on Linkedin!
The webinar presentation will be posted on Slideshare and YouTube
