Introduction

Bay Area Air Quality Management District (BAAQMD) is requesting comments on a white paper that may be considered in further rule development affecting metal recycling and shredding facilities’ operations. The white paper was developed by BAAQMD staff to provide recommendations on potential actions to address community concerns specific to such operations. The community concerns have been expressed during the development of Assembly Bill (AB) 617 Community Emissions Reductions Plans (CERPs) within the Bay Area, such as the West Oakland Community Action Plan (WOCAP) and the Richmond-North Richmond-San Pablo Path to Clean Air (PTCA). Both the WOCAP and the PTCA include strategies calling on BAAQMD to pursue amendments to existing rules and develop strategies to reduce emissions specifically to metal recycling operations. The white paper establishes the background context on an overview of metal recycling and shredding operations, and the currently applicable regulatory framework within BAAQMD and other air agencies. It provides recommendations to initiate additional communications with stakeholders, such as regulatory partners, community representatives, and affected industry, on concrete actions.

Current Framework Challenges

The white paper describes BAAQMD’s existing regulatory framework for metal recycling and shredding facilities as facing several challenges. BAAQMD currently relies on Regulation 6: Particulate Matter, Rule 4: Metal Recycling and Shredding Operations (Rule 6-4) to limit particulate matter (PM) emissions from these facilities. Rule 6-4 mandates that facilities which conduct shredder operations, or produce, receive, or process shredded metal with 50,000 tons per year or more of metal throughput must maintain records and develop Emissions Minimization Plans (EMPs) to control fugitive PM emissions. The EMPs, while detailed, allow for variable Best Management Practices (BMPs), leading to inconsistent implementation and potentially suboptimal emissions reductions. In addition, metal recycling facilities with metal throughput under 1,000 tons per year and not conducting shredder operations are exempt from EMP requirements. Community concerns, particularly in West Oakland, have highlighted issues from Light Fibrous Material (LFM) emissions and frequent stockpile fires which are not currently regulated under Rule 6-4.

Additionally, Regulation 6: Particulate Matter, Rule 1: General Requirements (Rule 6-1) establishes general PM emission limits, however, also includes a limited exemption for metal recycling as these PM emissions would be regulated under Rule 6-4. Only the opacity standards from Rule 6-1 could be applicable to metal recycling facilities. However, due to the inherently intermittent nature of opacity occurrences combined with the need for BAAQMD to be present to observe such occurrences, it is therefore difficult for BAAQMD to enforce these opacity standards in practice.

A gap analysis of other air agencies’ regulations reveals that most do not have specific rules for metal recycling emissions, with the South Coast Air Quality Management District (SCAQMD) being an exception. Generally, other agencies use broad fugitive dust rules and specific permit requirements. The BAAQMD is also concurrently considering amendments to Rule 6-1 to further reduce fugitive dust, which may provide an opportunity to incorporate amendments addressing LFM emissions for metal recycling facilities.

White Paper’s Recommendations

BAAQMD staff have proposed several preliminary recommendations to address emissions from metal recycling and shredding facilities within the white paper. Select recommendations are summarized as follows:

1. Amend Rule 6-4 to Require BMPs:
   • Replace the EMP requirement with specific mandatory BMPs.
   • Require operations like shredding, crushing, and grinding to be conducted within enclosures.
   • Mandate covering stockpiles and using coverings for transport vehicles.
   • Implement fire prevention measures, including fire detection devices and stringent depollution of feedstock.
   • Ensure regular wetting of stockpiles and shredder residue piles.
   • Pave and clean surfaces with vehicle traffic to minimize trackout emissions.
2. Amend Rule 6-4 to Require Fenceline Air Monitoring:
   • Requirement for certain metal shredding and recycling facilities to implement fenceline air monitoring.
   • The monitoring data may potentially be used to assess the effectiveness of emission controls and inform the public about air quality.
3. Amend Rule 6-4 to Require Registration for Non-Permitted Facilities:
   • Develop a registration program for smaller metal recycling facilities not currently requiring permits that conduct metal recycling, processing, and sorting operations through grinding, crushing, and/or mechanical processes.
4. Community Information During Air Quality Incidents:
   • Enhance communication with affected communities during air quality incidents through timely notifications and outreach efforts.
5. Strengthen Interagency Partnerships:
   • Improve collaboration with other government agencies to efficiently address regulatory issues, incident responses, and community concerns.
   • Maintain participation in the Rapid Response Task Force for coordinated action during incidents.

The BAAQMD is accepting written and/or emailed comments on the white paper through Friday, August 23, 2024, at 5 PM. Comments received will be considered in further rule development activities and other Air District efforts. Interested parties may read the full white paper on BAAQMD’s Metal Recycling and Shredding Rule Development page.

If you would like to discuss the white paper and how it may impact your facility, please contact Trinity Consultants’ Oakland office at 510.285.6351.