Rulemaking for CARB Regulation for Criteria Air Pollutant Criteria & Toxics Emissions Reporting and Toxic Air Contaminant In December, the CARB Board approved for adoption the Emissions Reporting Criteria and Toxics Reporting Regulation Proposed 15-Day Changes The Board directed staff to complete a “15-day change process” to update the proposal as specified in the Board Resolution and Attachment Public Workshops Modify applicability criteria to better satisfy public health and March 5-14, 2019 air-quality objectives for communities and statewide Updates to definitions, reporting requirements, report contents, and others CALIFORNIA 2 mCARB A AIR RESOURCES BOARD Emissions Data is a Foundation Current Inventories Are Inadequate of CARB’s Programs For New Needs Understand sources of different air pollutants Criteria pollutant emissions data is collected inconsistently Support and track progress of state and federal programs Toxics data are typically only collected by the districts Harmonize statewide data submittal requirements, every four years, for a small subset of facilities methods, deadlines, and frequency Existing emission inventory data is inadequate for Provide enhanced transparency and public meeting analysis and community protection needs right-to-know under AB 197 and AB 617 requirements A new paradigm is essential for progress Modernize and integrate data management processes Dramatically improve access in user-friendly forms such as maps 3 4 CARB CARB CARB 1
Examples of Existing Inventory Shortcomings Inventory Improvements Are Essential Facility with GHG emissions, Supports communities, air quality improvements, but incomplete or and new evaluation tools inconsistent Must be statewide criteria pollutant emissions Comprehensive 2065 2049 2010 2011 2012 2013 2014 2015 2915 Facility with GHG emissions, in scope but no criteria pollutant emissions Neither has any toxics data reported 2606 2099 2609 2011 2012 2013 2014 2015 201 5 6 CARB mCARB Primary Regulation Elements Emissions Data Report Contents Applicability • Who is subject to reporting? Annual Detailed Methods Location Emissions Sources and Data Information Reporting Requirements • Criteria • Device and • Estimation • For the • Consistent reporting deadlines pollutant process methods facility & and “Hot level and factors on-site • Uniform data report contents Spots” emissions required emission Toxics sources Implementation • CARB and Air District collaboration 7 8 CARB AnCARB CARB 2
Overview of the 15-Day Changes Additional Applicability Applicability updates GHG Emissions • Subject to GHG reporting Minimum AB 617 Updates to 2019 data reporting Requirements Criteria Definition updates • Emissions > 250 tons/year Pollutants Emissions data report clarifications Toxic Air Other updates based on comments • Elevated prioritization score Contaminants Additional • Statewide facility criteria and toxics Applicability reporting thresholds 9 10 CARB CARB Additional Applicability – Guiding Principles Additional Applicability – Overview Proposed applicability based on statewide criteria pollutant Collect statewide information to support health-protective emissions and sector-specific toxics requirements emission reduction measures Limited to permitted sources Scientifically defensible approach based on previous work Criteria pollutant threshold Include adjustments for new OEHHA risk guidelines and Must report annually if individual permitted consideration of near-source and neighborhood-scale criteria pollutants > 4 tons per year impacts Toxic pollutant thresholds Provide straightforward applicability thresholds that are easy Certain permitted industry sectors required to report regardless of to understand by industry and the public emissions , such as metal plating and hazardous waste facilities Phase-in reporting to minimize resource impacts Other permitted sectors must report if a sector throughput or use threshold is exceeded, such as gallons of diesel fuel consumed 11 12 CARB CARB CARB 3
Additional Applicability – Potential Sectors List Additional Applicability – Air Toxics *Sector with no minimum threshold Possible Sectors for Inclusion, Based on Toxics Emissions (in no particular order) Phased-in, sector-based toxics thresholds • Metal plating, anodizing or grinding • Petroleum refining and related • Refuse systems • Boat and ship building and repair Leveraged similar activity thresholds as from the using cadmium or chromium* industries* • Auto body shops including new and • Facilities using isocyanate • Facilities with cooling towers using • Plating, polishing, coating, used car dealers where surface compounds AB-2588 Air Toxics “Hot Spots” program hexavalent chromium* engraving, and allied services, coating occurs. • Natural gas combustion in heaters, including thermal spraying, using • Facilities using incinerators that burn • Fumigation of crops for market using furnaces, internal combustion chromium, cadmium, or nickel* hazardous, municipal, or biomedical ethylene oxide, propylene oxide, Phasing based on greatest impacts to community health engines or turbines (subdivided by waste, or tires* • Semiconductors and related devices methyl bromide, or sulfuryl fluoride* sectors) manufacturing* • Crematoria • Medical services, hospitals, and • Facilities using tert-butyl acetate Reporting simplifications for gasoline stations and facilities with • Petroleum bulk stations and related facilities which use • Long term asbestos removal* • Pulp and paper mills* terminals and related wholesalers* formaldehyde (or formalin), • Hazardous waste treatment, • Facilities emitting styrene diesel backup engines glutaraldehyde, or ethylene oxide • Dry cleaners using storage, disposal and recycling • Lead recycling or smelting* perchloroethylene* facilities* • Facilities that perform degreasing • Rubber and miscellaneous plastics • Dry cleaners using n-propylbromide* • Printing and publishing including • Retail sale of gasoline Reporting applicability thresholds reflect: products manufacturing if styrene, print shops and miscellaneous • Facilities emitting 1,4-Dioxane • Construction sand and gravel butadiene, phthalates, carcinogenic commercial printing including but not limited to reverse mining, if asphalt products are also solvents, or isocyanates are used* osmosis equipment manufacturing, • Facilities using ethylene oxide for 2015 OEHHA risk guidelines and childhood risk science used or produced at the facility* • Commercial charbroiling and water treatment systems, and sterilization • Fiberglass and various fiberglass cooking solvent use • Facilities manufacturing or using materials and product • Facilities using methylene chloride Emerging chemicals and persistent or bioaccumulative chemicals • Combustion of crude, residual, polybrominated diphenyl compounds manufacturing* for print or coating removal, printing distillate, or diesel oil including brominated diphenyl • Oil and gas extraction or production* or print shop cleaning, or aircraft ethers* Combined impacts and facility “clustering” effects • Facilities that melt, smelt, recover, • Petroleum refining and related maintenance or repair reclaim, or recycle lead-containing • Wastewater treatment facilities industries* materials, including but not limited to including publicly owned treatment 13 lead batteries* works (POTW) 14 CARB mCARB Additional Applicability – Schedule Additional Applicability – Schedule (cont.) Facilities would be subject to reporting on a phased-in Reporting for “toxics” industry sectors may be phased-in schedule Sectors added each year, to help balance workload Seeking input on concepts Phase-in of non-emissions data (e.g., release location) Proposed concept includes district phase-in: Example: District Classifications, Sector Phase, and Initial Data Year* Current proposal: Facilities in Large and Medium districts District (Group A) would begin reporting with 202x data (where x is to be Sector Phase 1 Sector Phase 2 Sector Phase 3 Classification established) A 202x 202x +1 202x +2 Facilities in Rural and Mountain (Group B) districts would begin B 202x +1 202x +2 202x +3 with 202x + 1 year data Seeking input on groupings * The initial data year is the first data year subject to reporting. For example, for District Classification A, Sector Phase 1, 202x data must be submitted during 202x + 1. 15 16 CARB AmCARB CARB 4
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