Bay Area AQMD to Propose Amendments to Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities

The Bay Area Air Quality Management District (BAAQMD) released a concept paper with proposed draft amendments to Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities (Rule 11-18) as well as updates and guiding comments to the associated Rule 11-18 Implementation Procedure. The amendments aim to streamline and expedite the existing Rule 11-18 rule implementation and risk reduction process. Rule 11-18 was originally adopted in 2017, aiming to provide a mechanism to evaluate the impact of toxic air contaminant (TAC) emissions from existing sources at existing facilities (broken into Phase I and Phase II facilities, based upon Prioritization Score). Rule 11-18 as adopted allows BAAQMD to comprehensively evaluate the effects of all permitted operations alongside the scope of New Source Review (NSR) regulations. To date, BAAQMD has completed its Health Risk Assessment (HRA) process for two facilities (one of which has since shut down), while TAC emissions inventory data has been under review or HRAs in progress for numerous others.

BAAQMD will host a public workshop on the Rule 11-18 amendments’ concept paper and the draft Implementation Procedure on February 15, 2024 from 6:00 to 8:00 PM. The public workshop link will be posted on the Facility Risk Reduction landing page. BAAQMD will accept public comments on the documents until 11:59 PM on February 29, 2024.

BAAQMD Rule 11-18 Proposed Amendments

BAAQMD is proposing to revise Rule 11-18 with updates which include the following:

• Amending the definition of “Priority Community” to include AB617 communities and overburdened communities to allow BAAQMD to prioritize Rule 11-18 HRAs in those areas. Rule 11-18 allows BAAQMD to conduct an HRA for any toxic facility in a Priority Community.
• Making facilities responsible for conducting their own HRAs via contracting with approved third-party vendors. The completed HRA must be submitted to BAAQMD for approval instead of having BAAQMD conduct the HRA internally.
  • Third-party vendors would only be allowed to complete HRAs for non-Title V Phase II facilities.
  • Third-party vendors must submit a modeling protocol to BAAQMD for approval. BAAQMD will provide the TAC emissions inventory to the vendor.
• Requiring that facilities implement interim milestones for Risk Reduction Plans (RRPs) “to the extent feasible.”
• Limiting extensions for RRP implementation.
• Combining facility and public comment periods into one 90-day period, instead of one 90-day period for the facility’s review along with one 45-day period for public review;
• Allowing the voluntary submittal of a RRP, forgoing the HRA process;
• Updating the Implementation Procedure with a prescribed process for the Technical Dispute Resolution Committee; and,
• Implementing minor editorial changes.

Current BAAQMD Rule 11-18 Implementation

Rule 11-18 stems from the California Air Resource Board’s (CARB’s) AB 2588 Air Toxics “Hot Spots” Program and is implemented locally by BAAQMD. Rule 11-18’s screening applies to facilities whose sources produce TAC emissions, which implicates a majority of facilities operating within BAAQMD’s jurisdiction. An overview of the current Rule 11-18 process is as follows:

1. BAAQMD uses facility-reported operating data (collected as part of the Annual Data Update) to calculate a Prioritization Score (PS) for all facilities on an annual basis. Facilities with a PS greater than 10 are subject to additional analysis per Rule 11-18. Note that the PS excludes emergency generator operation. The PS is a function of emission rate, receptor distance, and other pollutant-specific constants. There are certain exemptions available to facilities as follows:
   1. If the subject facility’s only sources of TACs are diesel emergency generators and the facility Prioritization Score (PS) is less than 250, then the facility is exempt from Rule 11-18;
   2. If the subject facility is a retail gasoline dispensing facility with a PS less than 250, then the facility is exempt from Rule 11-18;
2. Facilities subject to additional analysis per Rule 11-18 receive an information request from BAAQMD, asking for specific emissions data (e.g., source tests) and modeling parameters (stack heights, source locations, etc.).
3. After BAAQMD has received and reviewed the data submitted as part of the information request, BAAQMD conducts an HRA and prepares a draft HRA report summarizing the methodology and results. The facility can review the draft HRA report and comment on it, and BAAQMD will consider the comments. After consideration of the comments, BAAQMD finalizes the HRA.
4. Facilities which have health risk results greater than risk action levels (10 in 1MM for Cancer or 1.0 for noncarcinogenic risks as defined in Section 11-18-218) must develop and implement a RRP which must undergo a 45-day public comment period be reviewed and approved by BAAQMD.
5. The facility must implement the measures identified in the RRP within five years of RRP approval.

The public workshop will be held virtually via webcast (links and other information will be provided in the “Events” table). Interested parties can read the proposed amendment concepts and accompanying documents on BAAQMD’s website. Written comments can be submitted via mail to 375 Beale St., Suite 600, San Francisco, CA 94105 or via e-mail to Alexander Sohn at [email protected] by 11:59 PM on February 29, 2024. Comments will also be accepted during the public workshop.

If you would like to discuss the proposed BAAQMD Rule 11-18 amendment concepts and how they may impact your facility, please email Stephen Cao and/or Emily Wen in Trinity’s Oakland office or call 510.285.6351.