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Home My WebLink AboutItem N February 8, 1999 STAFF REPORT To: Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Deveiopment Services Subject Receipt of EQCB Comment Letter re: Proposed Amended Rule 1401, New Source Review of Toxic Air Contaminants Staff Report and Draft Environmental Assessment - South Coast Air Quality Management District (SCAQMD) SUMMARY OF REQUEST Receive and file Comment Letter from the Environmental Quality Control Board and Staff Report. DISCUSSION The City has received a copy of the above-referenced Proposed Amended Rule and a copy of the Draft Environmental Assessment(EA) and forwarded the documents to the Environmental Quality Control Board (EQCB) for review and consideration at their meeting of January 27, 1999. Staff recommended the City comment on the proposed Amended Rule to the extent that the City has reviewed the proposed amended rule and concurs with the recommendation of the SCAQMD Staff, as the impacts of the rule amendments are minor in nature and would not have any significant impacts to population groups within the City of Seal Beach. Please refer to Attachment 1 for a copy of the Comment letter as approved by the EQCB on January 27, 1999. The SCAQMD has released a "Notice of Public Consultation Meeting" regarding Proposed Amended Rule 1401, received by the City on January 4, 1999. In addition, SCAQMD had previously released a Board Agenda Report dated December 11, 1998 regarding the setting of a Public Hearing on January 8, 1999 to amend Rule 1401 - New Source Review of Toxic Air Contaminants. AGENDA ITEM C%My Doo®etAQ Afl.vitl Rule 1401 am Aeeoemd.fly Coad SR.deaV.^01-2S 99 Receipt of EQCR Comment Letter re: SGWMD Stqf Report n:Proposed Ride 1401 Amenbterw New Source Review of Tads Air Contaminants City Council Sue Report February 8, 1999 In April of 1998, the City fartvaded a comment letter regarding the proposed adoption of Rule 1401 to the South Coast Air Quality Management District(SCAQMD). This letter was in response to a proposal of the SCAQMD to add approximately 100 compounds to the list of substances controlled by Rule 1401. Please reefer to Attachment 3 for a copy of the City Comment letter and responses to the comment letter from SCAQMD. The proposed Amended Rule recommends the addition nickel compounds, hydrochloric acid, sodium hydroxide and otter compounds, based on direction from the SCAQMD Board in July 1998. Summary of Proposed Amended Rule 1401: Rule 1401 was originally adopted June 1, 1990, and amended later the same year and again in July 1998. The rule currently protects public health from the emissions of approximately 150 cancer causing compounds. Rule 1401 was developed to specify limits for maximum individual cancer risk and estima0ed excess cancer cases from new permit units, relocations, or modifications to existing permit units, which emit carcinogenic air contaminants. The health based limits ate a maximum individual cancer risk of one in one million (1 x 106) if best available control technology for toxics (T-HRCT) is not used on the permit unit, or tel in one million (10 x 10e) if T-SACT is used. In addition, the increase in excess cancer cases in the population due to the permit unit is limited to 0.5. The rule establishes these allowable risks for all permit units requiring new permits pursuant to Rule 210-Permit to Construct, and Rule 203 -Permit to Operate. The proposed amendments would expand the scope of the existing rule by establishing limits relative to exposure resulting from emissions of toxic air contaminants (TACs) with health effects other than cancer. The proposed amendments would also add approximately 56 TACs, with cancer and noncanoe health effects, to be consistent with those substances regulated by Rule 1402 - Control of Toxic Contaminants from Existing Sources, Assembly Bill 2588, and Section 112 (g) of the Federal Clean Air Act. Of these 56 compounds, 41 have established cancer risk values adopted by the Office of Environmental Health Hazard Assessment(OEHHA) in June 1998. PITS=Cl,AdfORs: On February 25, 1998, the EQCB considered a staff report regarding the Initial Study for this matter and approved a comment later to the SCAQMD. In April 1998, the EQCB and City Council reviewed and commented on the Envitonmentad Assessment for the proposed Amended Rule 1401. A copy of the comment letter and the responses to those comments, as included in this EA, are provided as Attachment 3. Revised Rule 1101 Ern ft__ 1,Cry Camera SR 2 Receipt of EQCB Continent Letter re: SCAQMD StafReport're:Proposed Rde 1401 Amembueae New Source Renew of Tadc Air Contaminants Coy Compri(StriffRepon Febewy 8, 1999 I stikasion pf potentially Mgnifteani Jntpad Anas and Mdraoffon Mmauns: The Draft EA, indicates no areas of con n regarding potentially significant impacts, and pfoposes no mitigation measures: In reviewing the document staff did not identify any areas of concern, and recommended the EQCB forward a commend letter to the SCAQMD regarding concurrence with the proposed amended Rule. The comment letter as approved by the EQCB is provided as Attachment 1. ARod/ab,7uv ojDocumen:: The SCAQMD Staff Report is available at the Department of Development Services, City Hall, for public review. All project documentation is also available at: Public Information Center SCAQMD Headquarters 21865 E. Copley Drive Diamond Bar, CA 91765-4182 (909) 396-3600 pubic Comment Period The "Notice of Public Consultation Meeting' indicates that the public hearing on this matter ". . . is likely to be continued in part, until February 12, 1999 for consideration of proposed changes to the effective dates for some Toxic Air Contaminants (MC). AQMD Staff is not requesting a continuance of the January public hearing regarding nickel compounds." RECOMMENDATION Receive and file Comment Letter from the Environmental Quality Control Board (EQCB) and Staff Report. NOTED APPROVED y4/1- �� Whiltenberg, Directorn�pmtr� Keith R. Till evelopment Savices t City Manager Revised Rule 1401 Say A—at,dy Cama SR 3 Receipt of EQCB Comment Letter re: $0401.10 Ste Report re:Prepared Ride 1401 AnnMnnw New Sones Review of Tadc Air Contaminants City Commit Staff Report February 8,1999 Attachments: (3) ATTACHMENT 1: EQCB Comment Letter it: *Prepared Amended Rule 1401 - New Source Resiew of Toxic Air Contaminant, dated January 28, 1999 ATTACHMENT 2: 'Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants", prepared by the South Coast Air Quality Management District, dated December 11, 1998 NOTE: Document not provided due to length, 68 pages. Document available for review at the Department of Development Services ATTACHMENT 3: City of Seal Beach Comment Letter re: "Eitvirromnental Assessment - Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants', dated April 27, 1998 and "Responses to Comments", prepared by the South Coast Air Quality Management District, June 17, 1998 • s ms Revmd Fmk 1401 Bev Aral,Cly Cosi SR 4 Receipt of EQCB Comment Letter re: SCAQMD Staff Report re:Proposed Rule 1401 Amendments New Source Review of Toxic Air Contaminants City Council Staff Report February 8. 1999 ATTACHMENT 1 EQCB Comment Letter re: "Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants", dated January 28, 1999 Revd Rub 1401 am Mame*,fly Council SR 5 Receipt of ROCS Connor Letter re: SCAQND Stqff Report re:Fropased Rode 1401 Amendments New Some Review of Rode Air Contaminants • City Cowell S4Report Febrwy 8, 1999 January 28, 1999 South Coast Air Quality Management District Alin: Gary Quinn Stationary Source Compliance 21865 E. Copley Drive Diamond Bar, CA 917654182 Dear Mr. Quinn: SUBJECT: City of Seal Beach comments re: "Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants" The City of Seal Beach has reviewed the above-referenced Staff Report and Environmental Assessment, dated December 11, 1998 and strongly supports the proposed inclusion of additional toxic air contaminants into Rule 1401 to make the rule's toxics list more consistent with the lists in mandated state and federal programs. The proposed amendments will also establish a framework for protecting public health from notaxnoer health risk of air toxics and a mechanism for updating information on risk levels used for analysis. The proposed amendments will also implement Section 112(g) of the Federal Clean Air Act, which is the federal toxics new source review program for constructed or reconstructed major stationary sources of hazardous air pollutants. The City of Seal Beach has an extremely large population of elderly residents, primarily boated in a "Leisure World" residential development. Approximately 9,000 senior citizens reside in Leisure World, and the issues of toxic air contaminants are of extremeconcern to this community, particularly with DWP and Edison power plants located immediately to the west of this area, along the San Gabriel River. The air quality, hazards, and public safety issues discussed in the Environmental Assessment are of particular interest to our community. In reviewing the above referenced documentation, it appears that the exposure level to the discussed TACs tends to be highest in close proximity to sources and drops off with distance, and that this proximity can create air toxic "hot spots" near sources. Given the close proximity of the Itereind Rule 1C1 Ear Aaeemen,Qty Coma SR 6 Receipt of EQCB Comment Isco re; SC4QMD Staff Report re:Proposed Ronk 1401 Amendments New Score Review ofTode Air Cmwiisanp City Caswell Sue Report Fibrwy 8, 1999 DWP and Edison power plants to the Leisure World community within Seal Bach and the prevailing winds, it is requested that the AQMD provide information to the Department of Development Services regarding any identified toxic air contaminant emission levels sufficient to cause a "hot spot" within the immediate area of the subject power plants. Please provide this requested information to: Lee Whittenberg Director of Development Services 211 Eighth Street Sal Beach, CA 90740 The City concurs with your determinations of no significant impact upon these areas by the adoption of Proposed Amended Rule 1401 -New Source Review of Toxic Air Contaminants. The discussion regarding these issues was helpful in better understanding the potential impacts upon our community from this proposed amended rule. The City of Seal Beach appreciates the opportunity to review and comment on the Staff Report and Environmental Assessment regarding the proposed amendments to Rule 1401. The Environmental Quality Control Board reviewed the Staff Report and Environmental Assessment and authorized the Chairman to sign this comment letter on January 27, 1999. If you have questions regarding this mailer, please contact Mr. Lee Whittenbeg, Director of Development Services, at (562) 431-2527, extension 313. He will be most happy to clarify any concerns or answer additional questions that you may have. Sincerely, / Donna McGuire Chairperson, Environmental Quality Control Board City of Seal Beach cc: City Council Director of Development Savices levies Rule 1401 Bs AmewoR,Cy Coosa 8R 7 Receipt of EQCB Comment Letter re: SCAQMD Staff Report re:Proposed Rule 1401 Amendments New Source Review of Toxic Air Co"ta"u"ante City Council Staff Report February 8, 1999 ATTACHMENT 2 "Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants", prepared by the South Coast Mr Quality Management District, dated December 11, 1998 NOTE: Document not provided due to length, 68 pages. Document available for review at the Department of Development Services Revised Rule 1401 Eav Amleniwrt,City Council SR 8 Receipt of EQCR Comment Letter re: SCAQMD Staff Report re:Proposed Rule 1401 Amendments New Source Review of TOXIC Air Contaminants City Council Staff Report February 8, 1999 ATTACHMENT 3 City of Seal Beach Comment Letter re: "Environmental Assessment - Proposed Amended Rule 1401 - New Source Review of Toxic Air Contaminants", dated April 27, 1998 and "Responses to Comments", prepared by the South Coast Air Quality Management District, June 17, 1998 Revised Rule 1401 DIV Amman,Cry Council SR 9