Document DMpqYYxMVYExR1xXjJD30w2jN

State of California AIR RESOURCES BOARD Notice of Public Hearing to Consider Establishment of State Ambient Air Quality Standards for Vinyl Chloride NOTICE IS HEREBY GIVEN that the Air Resources Board, pursuant to the authority vested by Section 39601 of the Health and Safety Code, and to implement, interpret or make specific Section 39606(b) of the Health and Safety Code, will hold a public hearing, at the time and place specified below, to consider the establishment of one or more state ambient air quality standards for vinyl chloride. The Board requests evidence and testimony relating to the effects of vinyl chloride exposures on health, illness, and irritation to the senses. The Board also seeks information relating to the appropriateness of a 24-hour or other averaging period, and the appropriate test method. If one or more new state ambient air quality standards for vinyl chloride are established, the Board will make appropriate amendments to its regulations in Section 70200, Title 17, California Administrative Code, relating to ambient air quality standards. The time and place for the public hearing on this matter are as follows: DATE: January 25, 1978 TIME: 10:00 a.m. RECEIVED PLACE: Ambassador Hotel Embassy Room 3400 Wilshire Blvd. Los Angeles, CA DEC 3 0 1977 SUjIIci CmluI Cs. li. Copies of the staff report on this matter will be available for inspection at, or may be obtained from the headquarters office of the Air Resources Board, 1102 Q Street (P.0. Box 2815), Sacramento, California, 95012, Attention: Public Information Office, at least 30 days prior to the scheduled hearing date. All documents reviewed by the staff In connection with its consideration of the issues In the staff report, together with written comments received from interested persons, if any, will also be available for inspection and copying, | NOTICE IS TURTIIER GIVEN that any interested person may present oral or i written statements at the public hearing referred to above. The Board i" requests that Interested persons who have written statements to submit ( on ttils matter, submit 10 copies of the same at least seven days prior to the scheduled hearing date in order to provide adequate time for staff UCC 011547 analysis .ind comment. and to allow early review by the Board. Interested persons are further advised that the Chairman may require oral testimony to be limited in scope or duration, as may be reasonable under the circumstances. All persons will be allowed at least five minutes for presentation of oral testimony. Following completion of the public hearing, the Air Resources Board, on its own motion or at the instance of any Interested person, may establish one or more ambient air quality standards for vinyl chloride. The Air Resources Board has determined that this action creates no additional cost to local government pursuant to Section 2231 of the Revenue and Taxation Code. December 21, 1977 Thomas C. Austin Deputy Executive Officer ucc 011548 State of California AIR RESOURCES BOARD NOTICE OF PUBLIC litARItiG TO CONSIDER ESTABLISHMENT OF STATE AMBIENT AIR QUALITY STANDARDS AND/OR SIGNIFICANT HAM LEVELS FOR VINYL CHLORIDE NOTICE IS HERESY GIVEN that the Air Resources Board, pursuant to the authority vested by Section 39601 of the Health and Safety Code, and to implement, interpret or make specific Sections 39606(b) and 4170D of the Health and Safety Code, will conduct a public hearing, at the time and place specified below, to consider the establishment of one or more state ambient air quality standards or significant harm levels (levels naver to be exceeded) for vinyl chloride. On January 25, 1978, the Board received a status report from its staff and ccrn'.ents from interested persons on this Item. As a result of information received on January 25 and subsequent thereto, the Board is proposing to take one or more of the following actions with respect to vinyl ehlorfde air pollution: \ -- Pursue enforcement of the emission rbgulations for vinl.y chloride monomer and related substances promulgated by the Environmental Protection Agency (CPA) on October 21, 1976 pursuant to Section 112 of the Clean Air Act (National Emission Standards for Hazardous Air Pollutants (HESHAP3)) , and defer further state regulatory action until the NtSHAPS emission regulations are fully implemented in October 197'8. -- Pursue enforcement of the NESHAPS emission regulations for vinyl chloride and related substances and adopt a state ambient air quality standard or standards for vinyl chloride or de$jnatc..a_5.ignif,icant..Harm Level or Levels for vinyl chloride on the basis of existing scientific evidence*. The ambient air quality standard would be attained or exceedances of the Significant Harm Level(s) would be prevented by means of rules to be adopted subsequently by the South Coast Air Quality Management District (SCAQV.D). These rules could be enforced, for example, by an air measurement program that includes con tinuous or frequent intermittent monitoring of vinyl chloride levels at the boundary line of vinyl chloride facilities to be conducted by the permit requirements and/or legal action before a court of competent juris diction. The 8onrd requests evidence and testimony relating to the effects of vinyl chloride exposures on health, illness, arid irritation to the senses. The Board also seeks information relating to the appropriateness of a 24-hcur or other averaging period, end appropriate test methods. Staff analysis of comments received during.and subsequent to the January 25, 1978 Board meeting will be presented. UCC 011549 If one or rore new state ambient air quality standards and/or Significant Harm Levels for vinyl chloride are established, the Board will make expropriate amendments to its regulations in Section 70200, Title 17, California Administra tive Code, relating to ambient air quality standards. The time and place for public hearing on this matter are as follows: DATE: April 27, 1973 ---TIME:------- 10:00-a.m.- .... PLACE: Crystal Ballroom Hotel San Franciscan 1231 Market Street San Francisco, CA Copies of the staff report on this matter will be available for inspection at, or may be obtained from, the headquarters office of the Air Resources Board, 1102 Q Street (P.0, Sox 2815), Sacramento, California S5812, Attention: Public Information Office, at least 30 days prior to the scheduled hearing date. All documents reviewed by the staff in connection with its consideration of the issues in the staff report, together with written comments received from interested persons, if any, will also be available for inspection and copying. NOTICE IS FURTHER GIVEN that any interested person may present oral or written statements at the public hearing referred to above. The Board requests that interested persons who have written statements on this natter submit 10 copies of the same at least seven days prior to the scheduled hearing date in order to provide adequate time for staff analysis and cement, and to allow early review by the Board. Interested persons are further advised that the Chairman may require oral testimony to be limited in scope or duration; however, all persons will be allowed at least five minutes for presentation of oral testimony. Following com pletion of the public hearing, the Air Resources Board, on its own motion or at the instance of any interested person, may establish one or more ambient air quality standards and/or Significant .Hare Levels for vinyl chloride. The Air Resources Board has determined that this action creates no additional cost to local government pursuant to Section 2231 of the Revenue and- Taxation Cede. March 22, 1978 S'illiam H. Lewis, 0 Executive Officer .1 UCC 011550 PROPOSED State of California AIR RESOURCES BOARD Hay 25, 1970 Resolution 78-30 WHEREAS, Health and Safety Code Section 39606(b) requires the Air Resources Board to adopt standards of ambient air quality for the protection of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy, WHEREAS, Health and Safety Code Section 39606(b) requires standards relating to health effects to be based upon the recommendations of the State Department of Health; WHEREAS, the Board has received and reviewed a substantial body of evidence and testimony, in both written and oral form, from its staff and expert members of the public at hearings held on January 25, 1978, April 27, 1978 and May 24, 1978, relating to the adverse health effects including carcinogenic, mutagenic and teratogenic effects, of vinyl chloride (chloroethene, CH?=CHC1); WHEREAS, the Board has received a recommendation from the State De partment of Health and its Air Quality Advisory Committee that a maximum allowable public exposure limitation for vinyl chloride in the range of O.Q1 to 0.05 ppm, 24-hour average, will reduce the risk of adverse human health effects; WHEREAS, there is no agreement in the scientific community as to whether a threshold ("no-effect") level can be specified or even exists for chemical carcinogens such as vinyl chloride; WHEREAS, the National Emission Standard for Hazardous Air Pollutants (NESHAP) Standard for Vinyl Chloride does not assure that community exposure to vinyl chloride will be limited to any specified level; WHEREAS, the Board finds that ambient concentrations of vinyl chloride in excess ofppm will constitute an endangerment of the public health and welfare within the meaning .of Section 41700; and WHEREAS, Health and Safety Code Section 41700 prohibits any person from discharging quantities of air contaminants which endanger the health and welfare of'a considerable number of persons or the public; WHEREAS, the Board has held proceedings in conformance with the provisions of Chapter 4.5 (commnncing wi:h Section 11371), Part 1, Division 3, Title 2 of the Government Code; NOW, THEREFORE, BE IT RESOLVED, that the Board adopts an ambient air quality standard for vinyl chloride, to be designated as a significant harm level (a level never to be exceeded), ofppm, twenty-four hour average. EXHIBIT C ucc 011551 BE IT FURTHER RESOLVED, that the Board adopts this signi Meant h.irin level for vinyl chloride to implement and interpret Section -TT700 of the health and Safety Code to distinguish the serious potential health effects of vinyl chloride and to establish a basis for immediate enforcement action if warranted. BE IT FURTHER RESOLVED, that the Board specifies the measurement method developed by its staff and described in detail in Appendix __ 5 __ of Staff Report 78- 3 - 3 , or any method determined by the Executive Office to be equivalent to this method with respect to accuracy, precision and specificity, as the method to be used in determining whether ambient concentrations of vinyl chloride exceed the significant harm level. BE IT FURTHER RESOLVED, that the Board amends its regulation in Title 17, California Administrative Code, by adding a new section 70200.5, to read as follows: 70200.5 Ambient Air Quality Standards*for Hazardous Substances. Substance Concentration and Methods Duration of Averaging Most Relevant Periods Effects Comments Vinyl Chloride ______ppm (Chloroethene ARB method ch2=chci) 24-hours Known human and animal carcinogen Low-level effects are undefined, but ore potentially serious. This standard is based on a Critical Harm Level, not a threshold value. MOTE: Ambient concentrations in excess of the standards set forth above shall be deemed to constitute an endangerment to the public health and welfare, as defined in Health and Safety Code Section 41700. UCC 011552 4 State of California AIR RESOURCES BOARD May 24, 1978 Resolution 78-30 approved rou final Hay 30, 19/0 WHEREAS, Health and Safety Code Section 39606(h) requires the Air Resources Board to adopt standards of ambient air quality for the protection of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy; WHEREAS; Health and Safety Code Section 41700 prohibits any person from discharging quantities of air contaminants which endanger the health and welfare of a considerable number of persons or the public; WHEREAS, the Board has received and reviewed a substantial body of evidence and testimony, in both written and oral form, from its staff and expert members of the public at a meeting and hearings held on January 25, 1978, April 27, 1978, and May 24, 1978, relating to the adverse health effects including carcinogenic, mutagenic and teratogenic effects, of vinyl chloride (chloroethene, CH^-CHCl); WHEREAS, there is no agreement in the scientific community as to whether a threshold ("no-effect") level can be specified or even exists for chemical carcinogens such as vinyl chloride; WHEREAS, Health and Safety Code Section 39606(b) requires standards relating to health effects to be based upon the recommendations of the State Department of Health; . WHEREAS, the Board has received a recommendation from the State Department of Health and its Air Quality Advisory Committee that the ambient levels for vinyl chloride averaged over 24 hours be controlled at the lowest feasible level; WHEREAS, the Board finds that there is no known level of ambient concentration of vinyl chloride below which an endangerment of the public health and welfare does not occur; WHEREAS, the National Emission Standard for Hazardous Air Pollutants (NESIIAP) standard for vinyl chloride does not assure that community exposure to vinyl chloride will be limited to any specified level; WHEREAS, the Board finds that the lowest concentration level at which reliable measurements can be made is 0.010 ppm; and WHEREAS, the Board has held proceedings in conformance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code; ucc 011553 2- - NOW, THEREFORE, BE IT RESOLVED, that the Board adopts an ambient air quality standard for vinyl chloride, of 0.010 ppm, twenty-four hour average. BE IT FURTHER RESOLVED, that the Board adopts this standard for vinyl chloride to implement and interpret Section 41700 of the Health and Safety Code and to establish a basis for immediate enforcement action if warranted. BE IT FURTHER RESOLVED, that the Board specifies the measurement method developed by its staff and described in detail in Appendix 5 of Staff Report 78-8-3, or any method determined by the Executive Officer to be equivalent to this method with respect to accuracy, precision and specificity, as the method to be used in determining whether ambient concentrations of vinyl chloride exceed the standard. BE IT FURTHER RESOLVED, that the Board amends its regulation in Title 17, California Administrative Code, by adding a new section 70200.5, to read as follows: 70200.5 Ambient Air Quality Standards for Hazardous Substances. Substance Concentration and Methods Duration of Averaging Most Relevant Periods Effects Comments Vinyl Chloride (Chloroethene CH2=CHC1) 0.010 ppm ARB method specified in Staff Report 78-8-3 24 hours Known human and animal carcinogen Low-level effects are undefined, but are potentially serious. Level is not a threshold level and does not necessariV protect against harm. Level specified is lowest level at which violation can be reliably detected by the method specified. Ambient concentrations at or above the standan constitute an endanger ment to the health of the public. EXHIBIT D UCC 011554 4 *. r<r. I (.1 i - ; DO NOT WRITE IN THIS SPACE 4 WU . lt.ulU MU-., I 4 iU>^0 WITH TIIF. SECIlF.TARY OF STATE (('nrs'iAtil if* fjnvofumf'oi Cixln Soclion ll:is().|) Copy Im'Iow is hereby certified to hr u true and correct copy ul iemulations adopted, or amended, or an ordet of repeal by. Air Resources Board_______________ (A**nry) Date of adoption, amendment, or repeal: May 24 , 1978 Deputy Executive Officer <Tltl) Page 1 of 2 F l L. u" IU * jk t * f n^iKs, * i: <r OO NOT WRITE IN THIS SPACt After proceedings had In accordance with the provisions of the Administrative Procedure Act (Gov. Code, Title 2, Div. 3, Part 1, Chapter 4.5) and pursuant to the authority vested by Section 39601 of the Health and Safety Code and to implement, interpret, or make specific Section 41700 of the Health and Safety Code, the Air Resources Board hereby amends its regulations in Title 17, California Administrative Code, as follows: Add Settion 70200.5 to read as follows: 70200.5 Ambient Air Quality Standards for Hazardous Substances. Substance Concentration Duration of and Averaging Most Relevant Methods_____________ Periods________Effects___________ Consents Vinyl Chloride 0.010 ppm ID 0 (Chloroethene ARB method a4 CH-=CHC1) specified V) in Staff (A 1- Report 78-8-3 2 OKJ * h o o0 24 hours Known human and animal carcinogen Low-level effects are undefined, but are potentially serious. Level is not a threshold level and does not necessar protect against harm. Level specified is lowest level at which violation can be reliably detected by the method specified. Ambient concentration at or above th* stand constitute an endanger ment to the health of the public. if it it ucc 011555 CONI >>JUA TION SHEE 1 FOR FILING ADMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE r Onvf#"*'*''* Ct'M* S*0*i**" 1 1 I* Page ? of 2 The above regulation submitted for filing does not include any "building standard" as defined in the State Building Standards law (Sections 18900*18917, Health and Safety Code). * a* CERTIFICATE The Air Resources Board has determined that the foregoing regulations create no cost to local government under Section 2231 of the Revenue and Taxation Code. CAI ! FORM A AIR RE SOURCES BOARD J x-l Thomas C. Austin Deputy Executive Officer EXHIBIT E ucc 011556