REFERENCED DOCUMENTS:

RULES 1401 & 1402
(Adopted June 1, 1 990)(Amended December 7, 1990)

RULE 1401. NEW SOURCE REVIEW OF CARCINOGENIC AIR

CONTAMINANTS

(a) Purpose

This rule specifies limits for maximum individual cancer risk and estimated excess

cancer cases from new permit units, relocations, or modifications to existing permit

units which emit carcinogenic air contaminants. The rule establishes allowable risks

for all such permit units requiring new permits pursuant to Rules 201 or 203.

(b) Applicability

Applications for new, relocated, and modified permit units which were received by

the District on or after June 1, 1990 shall be subject to Rule 1401. Permit units

installed without a required permit to construct shall be subject to this rule, if the

application for a permit to operate such equipment was submitted after June 1, 1990.

The compounds listed in Table I will change periodically as new information

becomes available. Applications shall be subject to the version of Rule 1401 that is in

effect at the time the application is received.

(c) Definitions

(1) BEST AVAILABLE CONTROL TECHNOLOGY FOR TOXICS

(T-BACT) means the most stringent emissions limitation or control technique

which:

(A) has been achieved in practice for such permit unit category or class of

source; or

(B) is any other emissions limitation or control technique, including

process and equipment changes of basic and control equipment, found

by the Executive Officer to be technologically feasible for such class

or category of sources, or for a specific source.

(2) CARCINOGENIC AIR CONTAMINANT is a substance that has been shown

to cause cancer in animals or humans. For the purpose of this rule,

carcinogenic air contaminants are those listed in Table I.

(3) CONTEMPORANEOUS EMISSION REDUCTION means any real,

permanent, and enforceable emission reduction that has occurred after the

1401 - 1
Rule 1401 (Cont.) (Amended December 7, 1990)

submittal of an application for a permit to construct, but before the start of

operation of the permit unit associated with the application.

(4) EXCESS CANCER CASES means the estimated increase in the occurrence of

cancer cases in a population subject to a lifetime (70 years) individual cancer

risk of greater than or equal to one in one million

(1 x 10-6) resulting from exposure to carcinogenic air contaminants.

(5) MAXIMUM INDIVIDUAL CANCER RISK is the estimated probability of a

potential maximally exposed individual contracting cancer as a result of

exposure to carcinogenic air contaminants over a period of 70 years.

(6) MODIFICATION means any physical change in, change in method of

operation of, or addition to an existing permit unit that requires an application

for a permit to construct and/or operate. Routine maintenance and/or repair

shall not be considered a physical change. A change in the method of

operation of equipment, unless previously limited by an enforceable permit

condition, shall not include:

(A) an increase in the production rate, unless such increase will cause the

maximum design capacity of the equipment to be exceeded; or

(B) an increase in the hours of operation; or

(C) a change in ownership of a source.

(7) PERMIT UNIT means any article, machine, equipment, or other contrivance,

or combination thereof, which may cause or control the issuance of air

contaminants, and which requires a written permit pursuant to Rules 201

and/or 203. For publicly-owned sewage treatment operations each process

within multi-process permit units at the facility shall be considered a separate

permit unit for purposes of this rule.

(8) RECEPTOR LOCATION means any location outside the boundaries of the

stationary source facility.

(9) RELOCATION means the removal of an existing permit unit from one

location in the South Coast Air Quality Management District and installation

at another location. The removal of a permit unit from one location within a

stationary source and installation at another location within the stationary

source is a relocation only if an increase in maximum individual cancer risk in

excess of one in one million (1 x 10-6) occurs at any receptor location.

1401-2
Rule 1401 (Cont.) (Amended December 7, 1990)

(10) STATIONARY SOURCE means any permit unit or grouping of permit units

or other air contaminant-emitting activities which are located on one or more

contiguous properties within the District, in actual physical contact or

separated solely by a public roadway or other public right-of-way, and are

owned or operated by the same person (or by persons under common control).

Such above-described groupings, if remotely located and connected only by

land carrying a pipeline, shall not be considered one stationary source.

(11) ACCEPTABLE STACK HEIGHT for a permit unit is defined as a stack

height that does not exceed two and one half times the height of the permit

unit or two and one half times the height of the building housing the permit

unit, and shall not be greater than 65 meters (213 feet), unless the applicant

demonstrates to the satisfaction of the Executive Officer that a greater height

is necessary.

(d) Requirements

The Executive Officer shall deny the permit to construct a new, relocated or modified

permit unit if emissions of any carcinogenic air contaminant may occur, unless the

applicant has substantiated that the cumulative impact of emissions from the new,

relocated or modified permit unit and all other permit units located within a radius of

100 meters owned or operated by the applicant for which applications were submitted

on or after June 1, 1990 will not result in any of the following:

(1) a maximum individual cancer risk greater than one in one million

(1 x 10-6) at any receptor location, if the permit unit is constructed without T

BACT;

(2) a maximum individual cancer risk greater than ten in one million

(1 x 10-5) at any receptor location, if the permit unit is constructed with

T-BACT;

(3) greater than 0.5 excess cancer cases in the population subject to a risk of

greater than one in one million (1 x 10-6).

The maximum individual cancer risk may not exceed 1/70 of the maximum allowable

risk specified in (d)(1) or (d)(2) in any one year at receptor locations in residential

areas.

1401-3
Rule 1401 (Cont.) (Amended December 7, 1990)

(e) Risk Assessment Procedures

The Executive Officer shall periodically publish procedures for determining risks

under this rule. To the extent possible, the procedures will be consistent with the

policies and procedures of the California Department of Health Services. Such

procedures shall specif~’:

(1) Upper bound estimates of carcinogenic potency that shall be used in

evaluating risks;

(2) Compounds that must be subject to a multiple pathway risk assessment. A

compound is subject to multiple pathway analysis if the Executive Officer

determines that it may reasonably be expected to cause cancer risk through

ingestion exposure, if it is expected to deposit and persist in the environment

after emission, and if a quantitative oral potency estimate has been derived for

the compound;

(3) Health protective assumptions that shall be used in evaluating exposure to

compounds from inhalation and other routes of exposure. This will include an

assumption of a 70 years period of operation for the sources of carcinogenic

air contaminants;

(4) Risk for the potential maximally exposed individual shall be based upon

continuous exposure for 70 years in residential areas and health protective

estimates of exposure duration in nonresidential areas;

(5) Estimates of pollutant dispersion and risk from a source shall not be based

upon stack height in excess of acceptable stack height.

(f) Emissions Calculations

The total carcinogenic emissions for a new, relocated or modified permit unit(s) shall

be calculated on an annual basis from permit conditions which directly limit the

emissions or, when no such conditions are imposed, from:

(1) the maximum rated capacity; and

(2) the maximum possible annual hours of operation; and

(3) the actual materials processed.

For the purpose of this rule, total carcinogenic emissions from a permit unit(s) shall

be calculated and reviewed pursuant to this rule.

1401-4
Rule 1401 (Cont.) (Amended December 7, 1990)

(g) Exemptions

(1) The requirements of paragraph (d) shall not apply to:

(A) Any stationary source which is a continuing operation, without

modification or change in operating conditions, for which a permit to

operate is required solely because of permit renewal or change of

ownership; or

(B) Modification or relocation of a permit unit that causes a reduction or

no increase in the estimated cancer cases or individual cancer risk at

any receptor location.

(C) A permit unit replacing a functio.ally identical permit unit, providing

there is no increase in maximum rating or increase in emissions of any

carcinogenic air contaminants.

(D) Installation, construction, modification or relocation of a permit unit if

the applicant demonstrates that:

(i) a contemporaneous emission reduction in actual emissions of

carcinogenic air contaminants from a permit unit or permit

units at the stationary source will occur such that the risk at

all receptor locations is less than the risk prior to installation,

construction, modification or relocation, and

(ii) the emissions reductions necessary to achieve the risk

reduction required by this paragraph are permanent, verifiable

and enforceable through permit conditions, and

(iii) T-BACT will be used on new equipment that is part of the

installation, construction or modification subject to this

paragraph.

(E) A publicly owned sewage treatment operation, or a ground water or

soil contamination cleanup or remediation operation mandated to

maintain or attain compliance with federal, state, or local law or by

judicial or administrative agency order, provided that permit units will

be constructed using, T-BACT if the maximum individual cancer risk

is greater than one in one million. The permit to construct shall

require such facilities to meet the risk requirements of this rule not

later than June 1, 1995.

1401-5
Rule 1401 (Cont.) (Amended December 7, 1990)

(2) The provisions of subparagraph (d)(2) shall not apply if the applicant

demonstrates the following to the satisfaction of the Executive Officer:

(A) The cumulative impact of emissions from the new, relocated or

modified permit unit and all other permit units located within a radius

of 100 meters owned or operated by the applicant for which

applications were submitted on or after June 1, 1990 will not result in a

maximum individual cancer risk greater than 100 in one million (1 x

1 0~) at any receptor location,

(B) The unit will be constructed with T-BACT, and

(C) The applicant has investigated, and will implement to the extent

reasonably achievable, all potential methods and processes to reduce or

control emissions to levels which would comply with the provisions of

subparagraph (d)(2), including but not limited to:

(i) source reduction;

(ii) innovative control technologies;

(iii) material or process substitution; and

(iv) alternate locations within the facility.

The permit to construct shall require compliance with the provisions of

subparagraph (d)(2) not later than 5 years after June 1, 1990.

1401-6
Rule 1401 (Cont.) (Amended December 7, 1990)

TABLE I

CARCINOGENIC AIR CONTAMINANTS

Substance

Acetaldehyde

Acrylamide

Acrylonitrile

Inorganic Arsenic

Asbestos

Benzene

Benzidene

Polynuclear Aromatic

Hydrocarbons (PAH)

Benz(a)anthracene

Benzo(a)pyrene

Benzo(b)fluoranthene

Benzo(k)fluoranthene

Chrysene

Dibenz(a,h)anthracene

Indenopyrene

Beryllium

Bis(2-chloroethyl)ether

Bis(chloromethyl)ether

1 ,3-Butadiene

Cadmium

Carbon Tetrachioride

Chlorinated Dioxins and

Dibenzofurans

(TCDD equivalent)b

Chloroform

Chromium, Hexavalent

3 ,3-Dichlorobenzidene

2,4-Dinitrotoluene

1 ,4-Dioxane

Diphenyihydrazine

Epichlorohydrin

CAS Numbera

75-07-0

79-06-01

107-13-1

7440-38-2

1332-21-4

71-43-2

92-87-5

56-55-3

50-32-8

205-99-2

207-08-9

218-01-9

53-70-3

193-39-5

7440-41-7

111-44-4

542-88-1

106-99-0

7440-43-9

56-23-5

67-66-3

7440-47-3

91-94-1

121-14-2

123-91-1

122-66-7

106-89-8

iJate of Listing

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

June 1, 1990

June 1, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

June 1, 1990

June 1, 1990

June 1, 1990

December 7, 1990

June 1, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

December 7, 1990

1401-7
Rule 1401 (Cont..) (Amended December 7, 1990)

Substance CAS Numbera Date of Listing

Ethylene Dibromide 106-93-4 June 1, 1990

Ethylene Dichioride

(1,2 Dichloroethane) 107-06-2 June 1, 1990

Ethylene Oxide 75-21-8 June 1, 1990

Formaldehyde 50-00-0 December 7, 1990

Hexachlorobenzene 118-74-1 December 7, 1990

Hexachiorocyclohexane:

technical grade ---- December 7, 1990

alpha isomer 319-84-6 December 7, 1990

Methylene Chloride 75-09-2 June 1, 1990

Nickel:

refinery dust ---- December 7, 1990

subsulfide 0 120-35-722 December 7, 1990

N-Nitroso Compounds:

Dimethylnitrosamine 62-75-9 December 7, 1990

Diethylnitrosamine 55-18-5 December 7, 1990

Dibutylnitrosamine 924-16-3 December 7, 1990

N-nitrososopyrrolidine 93 0-55-2 December 7, 1990

N-nitrosodiphenylamine 86-30-6 December 7, 1990

N-nitroso-N-ethylurea 759-73-9 December 7, 1990

N-nitroso-N-methylurea 684-93-5 December 7, 1990

Polychiorinated biphenyls 1336-36-3 December 7, 1990

Trichioroethylene 79-01-6 December 7, 1990

2,4,6-Trichlorophenol 88-06-2 December 7, 1990

Vinyl chloride 75-01-4 December 7, 1990

aChemical Abstracts Service Number

bCfflorinated dioxins and furans comprise a number of homologue groups (tetra,

penta, etc.) and each homologue group includes a number of isomers. TCDD

equivalents shall be calculated according to the method recommended by the

California Department of Health Services (DHS) according to “Scenario 4”

presented in the Technical Support Document for the “Report on Chlorinated

Dioxins and Dibenzofurans” (Part B) prepared by the staff of the DHS.

1401-8
(Adopted April 8, 1994)

RULE 1402. CONTROL OF TOXIC AIR CONTAMINANTS FROM EXISTING

SOURCES

(a) Purpose

The purpose of this rule is to reduce the health risk associated with emissions of toxic

air contaminants from existing sources by specifying limits for maximum individual

cancer risk (MICR) and noncancer acute and chronic hazard index (HI) applicable to

total facility emissions and requiring facilities to implement risk reduction plans to

achieve these risk limits as required by the Hot Spots Act.

(b) Summary

The rule requires the operator of any facility which poses a health risk exceeding

significant risk levels of a MICR of one hundred in one million (1.0 x 1 0~) or a total

acute or chronic HI of five (5.0) to submit and implement a risk reduction plan which

will reduce below the significant risk levels as quickly as feasible but by no later than

five (5) years from the initial plan submittal date.

(c) Applicability

This rule shall apply to any facility for which the impact of total facility emissions

exceeds any significant risk level as indicated in one of the following:

(1) A health risk assessment required pursuant to the Hot Spots Act and approved

by the District;

(2) A health risk assessment prepared by the District for the purpose of this rule

for a facility or category of facilities, including but not limited to facilities for

which the District has prepared an industrywide emission inventory pursuant

to the Hot Spots Act; or

(3) A health risk assessment required pursuant to subdivision (e) of this rule and

approved by the District.

Except for facilities subject to the rule pursuant to paragraph (c)(2), this rule shall not

apply to facilities which have not been notified by the District to prepare a health risk

assessment pursuant to this rule or the Hot Spots Act.

1402 - 1
Rule 1402 (Cont.) (Adopted April 8, 1994)

(d) Definitions

(1) ACCEPTABLE STACK HEIGHT for a permit unit is defined as a stack

height that does not exceed two and one half times the height of the permit

unit or two and one half times the height of the building housing the permit

unit, and shall not be greater than 65 meters (213 feet), unless the operator

demonstrates to the satisfaction of the Executive Officer that a greater height

is necessary.

(2) FACILITY means any permit unit or grouping of permit units or other air

contaminant-emitting activities which are located In one or more contiguous

properties within the District, in actual physical contact or separately solely by

a public roadway or other public right-of-way, and are owned or operated by

the same person (or persons under common control). Such above-described

groupings, if remotely located and connected only by land carrying a pipeline.

shall not be considered one facility.

(3) HOT SPOTS ACT means the Air Toxics “Hot Spots” Information ‘and

Assessment Act of 1987, incorporated at Part 6, Division 26 of the Health and

Safety Code, and amendments to this act.

(4) INDIVIDUAL SUBSTANCE ACUTE HAZARD INDEX (HI) is the ratio of

the estimated maximum one-hour concentration of a toxic air contaminant at a

receptor location to its acute reference exposure level. -

(5) INDIVIDUAL SUBSTANCE CHRONIC HAZARD INDEX (HI) is the ratio

of the long-term level of exposure to a toxic air contaminant for a potential

maximally exposed individual to the chronic reference exposure level for the

toxic air contaminant.

(6) INITIAL PLAN SUBMITTAL DATE is the date that the initial risk reduction

plan is submitted to the District, but no later than~ six months following

notification by the Executive Officer that a risk reduction plan is ‘required.

(7) MAXIMUM INDIVIDUAL CANCER RISK (MICR) is the estimated

probability of a potential maximally exposed individual contracting cancer as

a result of exposure to toxic air contaminants.

(8) OPERATOR means the person who owns or operates a facility or part of a

facility.

1402-2
Rule 1402 (Cont.) (Adopted April 8, 1994)

(9) RECEPTOR LOCATION means:

(A) for the purpose of calculating acute HI, any location outside the

boundaries of the facility at which a person could experience acute

exposure; and

(B) for the purpose of calculating chronic HI or MICR, any location

outside the boundaries of the facility at which a person could

experience chronic exposure.

The Executive Officer shall consider the possibility of potential exposure at a

location in determining whether the location will be considered a receptor

location.

(10) RISK REDUCTION MEASURE is a control measure which will reduce or

eliminate the health risk associated with emissions of toxic air contaminants,

is real, permanent, quantifiable, and enforceable through District permit

conditions if applicable, and meets the requirements of the Hot Spots Act.

Risk reduction measures may include, but are not limited to feedstock

modification; product reformulations; production system modifications;

system enclosure, emissions control, capture or conversion; operational

standards or practices modifications; emissions collection and exhaust; source

control; or alternative technologies.

(11) SIGNIFICANT RISK LEVEL for purpose of this rule is a MICR of one

hundred in one million (1.0 x 1 0~) or a total acute or chronic HI greater than

five (5.0) for any target organ system at any receptor location, as calculated

for the toxic air contaminants listed in Tables I, II and III.

(12) TOTAL ACUTE HAZARD INDEX (HI) is the sum of the individual

substance acute HIs for all toxic air contaminants identified in the risk

assessment guidelines as affecting the same target organ system.

(13) TOTAL CHRONIC HAZARD INDEX (HI) is the sum of the individual

substance chronic HIs for all toxic air contaminants identified in the risk

assessment guidelines as affecting the same target organ system.

(14) TOXIC AIR CONTAMINANT is an air pollutant which may cause or

contribute to an increase in mortality or serious illness, or which may pose a

present or potential hazard to human health. For the purpose of this rule, toxic

air contaminants are those listed in Tables I, II and III.

1402-3
Rule 1402 (Cont.) (Adopted April 8, 1994)

(e) Risk Assessment Requirements

Within 150 days of the date of notification by the Executive Officer, an operator shall

submit to the District a health risk assessment for total facility emissions. The

Executive Officer may require a health risk assessment from a facility when in

possession of information indicating that emission levels from the facility could

potentially cause exceedance of the significant risk levels.

(1) Risk Reduction Requirements

The following requirements shall apply to the operator of any facility whose

emissions cause an exceedance of any significant risk level as indicated in a health

risk assessment approved or prepared by the District:

(1) Risk Level Attainment Requirements

The operator shall implement the risk reduction measures specified in a risk

reduction plan approved by the Executive Officer to reduce the impact of total

facility emissions below the significant risk levels as quickly as feasible but

by no later than five (5) years from the initial plan submittal date. Each risk

reduction measure in an approved plan shall be implemented by the dates

specified in the plan for that risk reduction measure.

(2) Submittal of Risk Reduction Plans

(A) The Executive Officer shall publish procedures for preparing risk

reduction plans under this rule. The procedures shall include self-

• conducted audits and checklists which may be used by certain

categories of facilities in lieu of preparing a risk reduction plan.

(B) Within 180 days of the date of notification by the Executive Officer,

the operator shall submit to the Executive Officer for approval a risk

reduction plan which includes at a minimum all of the following:

(i) The name, address, SCAQMD identification number and SIC

• code ofthe facility;

(ii) A facility risk characterization which includes an updated air

toxics emission inventory and health risk assessment, ifthe risk

due to total facility emissions has increased above the level

indicated in the previously approved health risk assessment;

(iii) Identification of each source from which risk must be reduced

in order to achieve the significant risk levels;

1402-4
Rule 1402 (Cont.) (Adopted April 8, 1994)

(iv) For each source identified in clause (f)(2)(B)(iii), an evaluation

of the risk reduction measures available to the operator,

including emission and risk reduction potential and time

necessary for implementation;

(v) Specification of the risk reduction measures that shall be

implemented by the operator to comply with the risk level

attainment requirements of paragraph (f)(1);

(vi) A schedule for implementing the specified risk reduction

measures as quickly as feasible. The schedule shall include the

submittal of all necessary applications for permits to construct

or modify within 180 days of approval of the plan, or in

accordance with another schedule subject to approval of the

Executive Officer, and specify the dates for other increments of

progress associated with implementation of the risk reduction

measures;

(vii) An estimation of the residual health risk after implementation

of the specified risk reduction measures;

(viii) Proof of certification of the risk reduction plan as meeting all

requirements by an engineer who is registered as a professional

engineer pursuant to Business and Professions Code Section

6762, by an individual who is officially responsible for the

processes and operations of the facility, or by a registered

environmental assessor.

(3) Approval of Risk Reduction Plans

(A) The Executive Officer shall approve or reject the plan within three (3)

months of submittal based on the operator’s ability to demonstrate

timely compliance with the risk level attainment requirements of

paragraph (f)(l). The operator may appeal the rejection of a plan or

the failure of the Executive Officer to act on a plan submittal to the

Hearing Board under Rule 216. Plans shall be revised and resubmitted

within 90 days of the date of receipt of a rejection notice. The revised

plan shall correct all deficiencies identified by the Executive Officer.

The approved plan shall be subject to Rule 221.

1402-5
Rule 1402 (Cont.) (Adopted April 8, 1994)

(B) If the risk reduction plan contains a facility risk characterization

demonstrating to the satisfaction of the Executive Officer that the

facility does not exceed the significant risk levels, the plan may be

approved without the inclusion of the plan components specified in

subparagraphs (f)(2)(B)(iii) through (vii).

(4) Progress Reports

The operator shall submit to the Executive Officer for approval, by no later

than the date(s) that updates of emission inventories are required for the

facility pursuant to the Hot Spots Act and no less frequently than every two

(2) years, progress report(s) on the emissions and risk reduction achieved by

the plan which include at a minimum all of the following:

(A) The increments of progress achieved in implementing the risk

reduction measures specified in the plan;

(B) A schedule indicating dates for future increments of progress;

(C) Identification of any increments of progress that have been or will be

achieved later than specified in the plan and the reason for achieving

the increments late;•

(D) A description of any increases or decreases in emissions of toxic air

contaminants that have occurred at the facility, including a description

of any associated permits that were subject to Rule 101, since

approval of the plan.

(5) Updating of Risk Reduction Plans

If information becomes known to the Executive Officer after the initial plan

submittal date on air toxics risks posed by the facility or emission reduction

technologies that may be used by the facility that would substantially impact

risks to exposed persons or implementation of the risk reduction plan, the

Executive Officer may require the plan to be updated and resubmitted.

1402-6
Rule 1402 (Cont.) (Adopted April 8, 1994)

(6) Plan Modification for Change of Risk Reduction Measures

Prior to a change in the risk reduction measures specified in the currently

approved plan, the operator shall submit to the Executive Officer for approval

an application for plan modification. The application shall include a

demonstration that the change of risk reduction measures will not result in

compliance with the significant risk levels later than provided in paragraph

(f)(1).

(g) Risk Assessment Procedures

(1) The Executive Officer shall periodically publish or designate procedures for

determining health risks under this rule. To the extent possible, the

procedures shall be consistent with the policies and procedures of the Office

of Environmental Health Hazard Assessment (OEHHA). Such procedures

shall specif~’:

(A) Acute and chronic reference exposure levels and upper bound

estimates of carcinogenic potency that shall be used in evaluating

risks;

(B) Compounds that must be subject to a multiple pathway risk

assessment. A compound is subject to multiple pathway analysis ifthe

Executive Officer determines that it may reasonably be expected to

cause health risk through ingestion exposure, if it is expected to

deposit and persist in the environment after emission, and if a

quantitative oral cancer potency estimate or reference exposure level

has been derived for the compound;

(C) Health protective assumptions that shall be used in evaluating

exposure to compounds from inhalation and other routes of exposure.

This will include an assumption of a 70 year period of operation for

the sources of toxic air contaminants;

(D) Risk for the potential maximally exposed individual shall be based

upon continuous exposure for 70 years in residential areas and health

protective estimates of exposure duration in nonresidential areas;

(E) Estimates of pollutant dispersion and risk from a source shall not be

based upon stack height in excess of acceptable stack height.

1402-7
Rule 1402 (Cont.) (Adopted April 8, 1994)

(2) Within 120 days of publication of the risk assessment guidelines required to

be published by the OEHHA pursuant to the Air Toxics “Hot Spots”

Information and Assessment Act of 1987, the Executive Officer shall report to

the District Governing Board if there are any material differences between the

OEHHA guidelines and the criteria specified in paragraph (g)(1) and

recommend for Board approval whether to proceed with amendments to this

rule in order to make the rule consistent with the OEHHA guidelines before

their designation as the risk assessment guidelines under this rule.

(3) The Executive Officer shall publish procedures for determining the emissions

estimates to be used in risk assessments in cases in which a compound has not

been detected in analyses which have been conducted according to Districtapproved methods, including procedures for excluding such compounds from

risk assessments. The procedures shall provide methods for estimating the

most likely emission levels of non-detected compounds based on

consideration of the likelihood of presence and the method detection limits of

compounds.

(h) Alternate Hazard Index Levels

An alternate hazard index level may be used as the significant risk level for a

particular total acute or chronic HI if the Office of Environmental Health Hazard

Assessment determines that such alternate hazard index level is protective against

adverse health effects. The alternate HI level shall not in any case exceed 10. The

facility operator shall attain the alternate HI level as quickly as feasible but by no later

than five (5) years from the initial plan submittal date.

(i) Compliance with this rule does not authorize the emission of a toxic air contaminant

in violation of any federal, state, local or District law or regulation or exempt the

operator from any law or regulation.

(j) Risk reduction measures implemented in order to comply with other regulatory

requirements are acceptable risk reduction measures for the purposes of this rule,

provided they are consistent with the requirements of this rule.

1402-8
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE I

TOXIC AIR CONTAMINANTS

TO BE EVALUATED FOR CANCER RISK

Substance CAS Numb&

Acetaldehyde 75-07-0

Acrylamide 79-06-01

Acrylonitrile 107-13-1

Arsenic and compounds (inorganic) 7440-38-2

Asbestos 1332-21-4

Benzene 71-43-2

Benzidine (and its salts) 92-87-5

Beryllium 7440-41-7

Bis(2-chloroethyl)ether 111-44-4

Bis(chloromethyl)ether 542-88-1

1 ,3-But!diene 106-99-0

Cadmium and compounds 7440-43-9

Carbon tetrachioride ‘56-23-5

Chlorinated dioxins and dibenzofurans

(TCDD equivalents)b

Chloroform 67-66-3

Chloroprene 126-99-8

Chromium (hexavalent) 7440-47-3

Coke oven emi-ssions

1 ,2-Dibromo-3 -chloropropane 96-12-8

p-Dichlorobenzene 106-46-7

3,3’-Dichlorobenzidene 91-94-1

Di(2-ethylhexyl)phthalate 117-81-7

2,4-Dinitrotoluene 121-14-2

1,4-Dioxane 123-91-1

Diphenyihydrazine 122-66-7

Epichiorohydrin 106-89-8

Ethylene dibromide 106-93-4

Ethylene dichloride 107-06-2

Ethylene oxide 75-21-8

Formaldehyde 5 0-00-0

Hexachlorobenzene 118-74-1

Hexachiorocyclohexanes

Hydrazine 302-01-2

1402-9
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE I (Cont.)

Substance CAS Numbera

Methylene chloride 75-09-2

Nickel and compounds

N-Nitroso compounds:

Dimethylnitrosamine 62-75-9

Diethylnitrosamine 55-1 8-5

Dibutylnitrosamine 924-16-3

N-Nitrosodi-n-propylamine 621-64-7

N-Nitrosomethylethylamine 10595-95-6

N-Nitrosopyrrolidine 930-55-2

N-Nitrosodiphenylamine 86-30-6

N-Nitroso-N-ethylurea 759-73-9

N-Nitroso-N-methylurea 684-93-5

Pentachiorophenol 87-86-5

Perchioroethylene 127-18-4

Polychiorinated biphenyls 1336-36-3

Polynuclear aromatic hydrocarbons (PAM)

Benz(a)anthracene 56-55-3

Benzo(a)pyrene 50-32-8

Benzo(b)fluoranthene 205-99-2

Benzo(k)fluoranthene 207-08-9

Chrysene 218-01-9

Dibenz(a,h)anthracene 53-70-3

Indeno(1 ,2,3-cd)pyrene 193-39-5

Propylene oxide 75-56-9

Trichioroethylene 79-01-6

2,4,6-Trichiorophenol 88-06-2

Urethane (Ethyl carbamate) 51-79-6

Vinyl chloride 75-01-4

aChemical Abstracts Service Number

bChlorinated dioxins and furans comprise a number of homologue groups (tetra, penta, etc.)

and each homologue group includes a number of isomers. TCDD equivalents shall be

calculated according to the method recommended by the California Environmental

Protection Agency, Office of Environmental Health Hazard Assessment.

1402 - 10
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE II

TOXIC AIR CONTAMINANTS

TO BE EVALUATED FOR CHRONIC HAZARD INDEX

Substance CAS Numbera

Acetaldehyde 75-07-0

Acrolein 107-02-8

Acrylamide 79-06-0 1

Acrylonitrile 107-13-1

Ammonia 7664-41-7

Arsenic 7440-38-2

Benzene 71-43-2

Benzidine (and its salts) 92-87-5

Benzyl chloride 100-44-7

Beryllium 7440-41-7

Bromine 7726-95-6

Bromine pentafluoride 7789-30-2

Cadmium 7440-43-9

Carbon tetrachioride 56-23-5

Chlorinated dioxins and dibenzofurans

(TCDD equivalent)b

Chlorine 7782-50-5

Chlorobenzene 108-90-7

Chlorinated fluorocarbon (CFC-1 13) 76-13-1

Chloroform 67-66-3

2-Chiorophenol 95-57-8

Chloropicrin 76-06-2

Chloroprene 126-99-8

Chromium (hexavalent) 7440-47-3

Copper and compounds

Cresol (o, m and p isomers)

1,2-Dibromo-3-chloropropane 96-12-8

p-Dichlorobenzene 106-46-7

Di(2-ethylhexyl)phthalate 117-81-7

Dimethylamine 124-40-3

1,4-Dioxane 123-91-1

Epichlorohydrin 106-89-8

1402 - 11
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE II (Cont.)

Substance CAS Numbera

Ethyl acrylate 140-88-5

Ethyl chloride 75-00-3

Ethylene dibromide 106-93-4

Ethylene dichioride 107-06-2

Ethylene glycol butyl ether 111-76-2

Ethylene glycol ethyl ether 110-80-5

Ethylene glycol ethyl ether acetate 111-15-9

Ethylene glycol methyl ether 109-86-4

Ethylene glycol methyl ether acetate 110-49-6

Ethylene oxide 75-21-8

Formaldehyde 50-00-0

Glutaraldehyde 111-30-8

Hexachlorobenzene 118-74-1

Hexachiorocyclohexane, gamma isomer 58-89-9

Hexachlorocyclopentadiene 77-47-4

Hydrazine 302-01-2

Hydrochloric acid 7647-01-0

Hydrogen bromide 10035-10-6

Hydrogen cyanide 74-90-8

Hydrogen fluoride 7664-39-3

Hydrogen sulfide 7783-06-4

Lead and compounds

Maleic anhydride 108-31-6

Manganese and compounds

Mercury and compounds (inorganic)

Methanol 67-56-1

Methyl bromide 74-83-9

Methyl chloroform (1,1,1 -TCA) 71-55-6

Methyl isocyanate 624-83-9

Methyl mercury 5 93-74-8

Methyl methacrylate 80-62-6

Methylene chloride 75-09-2

4,4’-Methylene dianiline (and its dichioride) 101-77-9

Mineral fibers (<1% free silica)

Naphthalene 91-20-3

1402 - 12
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE II (Cont.)

Substance CAS Numbera

Nickel and compounds

Nitrobenzene 98-95-3

2-Nitropropane 79-46-9

Pentachiorophenol 87-86-5

Perchioroethylene 127-18-4

Phenol 108-95-2

Phosphine 7803-51-2

Phosphorus (white) 7723-14-0

Phthalic anhydride 85-44-9

Polychiorinated biphenyls 1336-36-3

Propylene oxide 75-56-9

Selenium and compounds

Sodium hydroxide 1310-73-2

Styrene 100-42-5

Tetrachiorophenols

Toluene 108-88-3

Toluene-2,4-diisocyanate 584-84-9

Toluene-2,6-diisocyanate 91-08-7

Trichloroethylene 79-01-6

Vinyl chloride 75-01-4

Vinylidene chloride 75-35-4

Xylene (o, m and p isomers)

Zinc and compounds

aChemical Abstracts Service Number

bCfflorinated dioxins and furans comprise a number of homologue groups (tetra, penta, etc.)

and each homologue group includes a number of isomers. TCDD equivalents shall be

calculated according to the method recommended by the California Environmental

Protection Agency, Office of Environmental Health Hazard Assessment.

1402 - 13
Rule 1402 (Cont.) (Adopted April 8, 1994)

TABLE III

TOXIC AIR CONTAMINANTS

TO BE EVALUATED FOR ACUTE HAZARD INDEX

Substance CAS Numbera

Acrolein 107-02-8

Ammonia 7664-41-7

Arsine 7784-42-1

Benzyl chloride 100-44-7

Carbon tetrachloride 56-23-5

Chlorine 7782-50-5

Copper and compounds

1,4-Dioxane 123-91-1

Ethylene glycol butyl ether 111-76-2

Ethylene glycol ethyl ether 110-80-5

Ethylene glycol ethyl ether acetate 111-15-9

Ethylene glycol methyl ether 109-86-4

Formaldehyde 5 0-00-0

Hydrochloric acid 7647-01-0

Hydrogen cyanide 74-90-8

Hydrogen fluoride 7664-39-3

Hydrogen sulfide 7783-06-4

Maleic anhydride 108-31-6

Mercury (inorganic)

Methyl chloroform (1,1,1 -TCA) 71-55-6

Methylene chloride 75-09-2

Nickel and compounds

Perchloroethylene 127-18-4

Phosgene 75-44-5

Propylene oxide 75-56-9

Selenium and compounds

Sodium hydroxide 1310-73-2

Xylene (o, m and p isomers)

aChemical Abstracts Service Number

1402 - 14