Document Rjaov04YpX3QVpV4rYYB1Lmpz

I 9 I -* V INTERIM OPERATING GUIDANCE FOR ADI TOXIC SUBSTANCES: NEW AND MODIFIED SOURCES 127.12(a)(2).9 A 3-02-BA 9-27-B5 revised 9-27-85 The ptapose of this guidance is: (a) to improve the level of protection provided the general public from air toxic substances, and (b) to provide a consistent procedure for permitting new end modified sources that emit air toxic siftstances. Effective Date: # Plan approval applications submitted after December 31, 1983 stell be reviewed for conformance with this guidance. All new sources and modifications to existing sources subject to the provisions of Chapter 122 (New Source Performance Standards), Chapter 124 (National Emission Standards for Hazardous Air Pollutants) and Chapter 127 (Construction, Modification, Reactivation and Operation of Sources) shall be reviewed for conformance with this operating/ guidance. -The guidance shall remain in force until the adoption and implementation of a formal air toodcs program* C Background: * Existing Departmental regulations substantially reduce the amount of air toxic substances released to the atmosphere. These regulations include the provisions for plan approval under Chapter 127, the emission limitation* provisions for particulates, sulfur oxides and volatile organic compounds (VOC)under Chapters 123 and 129, the New Source Performance Standards under Chapter 122, and National Emission Standards for Hazardous Air Pollutants (NESHAP) under Chapter 124. The Department, however, is concerned that these existing regulations may not adequately protect public health in all situations because, for the most part, they address the criteria pollutants: ozone (VOC), particulates and sulfur oxides. An exception is Chapter 124 relating to NESHAP. However, the NESHAP program addresses a small list of substances and imposes requirements on only a few specifically identified source categories. revised 9-27-85 4 * i 4 -i * + VAB.0001165175 ** * 127.12(a)(2):10 A Authority to roqikrfl plan approval applications for new and modified sources that would emit air toxic substances is provided under the Pennsylvania Air Pollution Control Act (the Act of January 8, I960, P.L. 2119 (1959), as amended 35 P<SV 54001 et seqj. Section 6.1 of the Act provides that no person may construct, assembleTins tali or modify an air contamination source without approval of the Department. The Department has the authority to refuse to grant approval to new or modified air contaminant sources when the sources are likely to cause air pollution. Subsection (d) states: "(d) The department may refuse to grant approval for any stationary air contamination source...if it appears, from the data available to the department that the proposed source, or proposed changes in such source, are likely either to cause air pollution or to violate any board rule or regulation applicable to such source...." (emphasis added) The Department's authority to regulate air contaminants is not limited to those air contaminants specifically identified in the regulations. "Air pollution'' is broadly defined in Section 3.(5) of the Act to include any contaminant that is or may be harmful to puolic health, or which may unreasonably interfere with the comfortable enjoyment of life or property: "Air Pollution." The presence in the outdoor atmosphere of any form of contaminant including but not limited to the discharging from stacks,., chimneys, openings, buildings, structures, open fires, vehicles, processes, cr any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, or any other matter in such place, manner, or concentra tion inimical or which may be inimical to the public health, safety, or welfare or which is, or may be injurious to human, plant or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. 35 P.S. 54003(5). (emphasis addecj * m Appellate courts have upheld the Commonwealth's authority to prevent "air pollution" without a regulation directed against the specific activity, [Midway Coal Comoany v. Commonwealth, 50 Pa. Commonwealth Court 326, 413 A 2a v. Commonwealth, 16 Pa. Commonwealth is have also directed the Department to require plan approvals and permits when Departmental regulations did not specifically require plan approvals for certain construction and modification activities. [Mignattl Construe ' ~ wealth Court 497, 411 A.2d 66 " , 49 Pa. Common The Department has broad statutory powers to regulate air toxics. When the sections of the Act mentioned above are considered together, the Department can require plan approvals for sources that would emit air toxic substances that present or may present a hazard to public health, safety or welfare. Further, the Department can grant or refuse approval even though the Environmental Quality Board has not adopted specific rules and regulations governing air toxic substances. - 2- VAB.0001165176 f *4 V 3/2/84 revised 3/2/84 revised 3/2/S4 4 i 127.12()(2):11 k tte sir mfe Interim operating guidance will be implemented through the Depart mint's cn-gcteg activities under Chapters 133* 134 sad 13T. Sach plea approval application nmmlttad shall be reviewed to assess the potential for public health hazards from the emission of air toxic sifcstances.1 This aaeessment shall be in addition to the review conducted for the elr contaminants specified in Chapter 131 and other applicable standards of Article m. The assessment shall focus on the air toxic substances liJted In Table 1.2 The ent shall include a comparison of the potential maximum ambient concentration of the toxic substance with an air quality guideline for that , A chronic (annual) low-level exposure air quality guideline la specified in Table 1 for most of the substances that will be included in the assessmaernitt.d Documentation st^portiag each guideline is contained in Appendix A. Tor those substances in Table 1 that do not have a chronic air quality guideline, contact the Bureau's Air Toxic Coordinator for guidance. In addition to the chronic asesment an acute (weekly) exposure assessment shall be conducted for "Fcrraaidenyce" and "Nickel and Compounds." '1Given the general lack of Information on air toxics and the considerable uncertainty associated with assessing the public health hazards, judgments must be based cn the specific facts available in each ease. This assessment is not intended to provide a precise point around which unqualified decisions can be made. Rather, a framework is provided from which decisions can be made based cn informed judgment. The methodology used In the assessment, however, should ensure consistency in fairness and rationality by precluding the arbitrary application of uninformed opinions. The methodology also should ensure predictability In the review of plan approval applications. Industry needs predictability to assess its own activities, to have assurance that Department judgments will not change unexpectedly and to ensure that one region's judgments will not be substantially different from another's. ^The list was developed by the Philadelphia County Department of Health; Air Management Services (AMS). b _ 2A MS developed the chronic (annual) air quality guideline for each listed substance. They were assisted in this matter by an Ad Hoc Advisory Committee for Toxic Air Contaminants. The Ad Hoc Committee consisted of health professionals from acadamla, industry and public interest groups in the fields of toxicology, occupational medicine and industrial hygiene. VAB.0001165177 127.12(a)(2):12 A amitr assow* elr quality guidelines shell fct a feeler of 3 times 12m ebreofte air Guality guidelines.4 These substances art acted la Table I with the letter A*.4 The air quality guidelines should be used only as a guide in decision-making. Also, the Department will consider information, submitted by the permit applicant or anyone else, that may iipport an sir quality guideline different from a guideline specified in this interim operating guidance. To sustain a different eir quality guideline the information must demonstrate that larger concentrations of the toxic substance will not present a health hazard to the most sensitive members of society. All such information must be submitted to the Bureau's Air Toxie Coordinator for review prior to approval or denial of the plan approval application. The Air Toxie Coordinator shall use the bast available expertise to evaluate the information. Each source si&Ject to the aaseeunent shell be reviewed in accordance with the step-by-step procedure contained in Appendix B. Both chronic and acute exposures shall be reviewed. In the procedure, the terms "substantially thus" and "substantially greater than* shell be equated to a factor of 3. (A maximum ambient concentration greater than three times the eir quality guideline shall be considered "srtstantially greater than.* A maximum ambient concentration lean than one-third the air quality guideline shall be considered "substantially lea* than." A maximum ambient concentration within a factor of three of the air quality guideline shad be considered "near.") revised 3/2/84 *The factors used to calculate the acute exposure eir quality guidelines were established by the Department of Environmental Resources in consultation with the Pennsylvania Department of Health, Division of Environmental Health. *The Department of Environmental Resources has determined that "Formaldehyde" and "Nickel end Compounds" should be included in the acute exposure assessment. These substances have been shown to cause a sensitisation reaction in humans. Since some of the population may already be sensitised, these substances have been included in the acute exposure assessment to provide additional protection. Approved s * VAB.0001165178 4.: *V > f u *\V r' i >\ \ GLOSSARY A acgih - American Conference o ADI - acceptable daily intake AMS - Air Management Services Governmental Industrial Hygienists bw.- body weight cubic centimeter Cs) d or D - day(s) EPA - Environmental Protection Agency FAO/WHO - Food and Agricultural Organization/World Health Organization g or G grams(s) hr - hour(s) IARC - International Agency for Research on Cancer *g kilogram(s) 1 L - liter(s) LOEL - lowest observed effect level HJ - cubic meter(s) mg - milliaram(s) m min minute(s ) ml - milliliter(s) NAAQS national ambient air duality s NESHAP -- national emission s tancard for hazardous air pollutant ng - nanogram(s) NICSH - National Institute for Occupational Safety and Health NOEL nc observed effect level NTP National Toxicology OSHA - oOccccuupoaattiioonnal Safetyv and Health Administration PEL - permissible exposure limit PPb - parts per billion [by volume] ppm - parts per million [by volume] STEL TLV TWA rts per trillion Cby volume] - short-term expossuure limit threshold limit value time-weighted ug - Microgram(s) um - micrometer(s) wk - week(s ) 4 ^ * 4 *' r mr VAB.0001165179 * J* ^I  h. 4 * f * * 4 P I Substance TABLE 1 Summary of Recommended Ambient Air Quality Gu1del 1nes Ambient Air 1 t Quality Guideline (Annual Average Unless Otherwise Noted) With Protocol Reference Acrylonitrile . Aldrin 4-Aminodiphenyl 3-Amino-l,2,4-triazole - Antimony and compounds "Arsenic and compounds Asbestos Benzene Benzidine Benzo(a)pyrene Beryllium and compounds BHC Lindane and isomers Bis(2-chloroethylJether Bis(chloromethvl )ether Bis(2-hydroxyethyl)-dithiocarbamic acid, potassium salt Cadmium and compounds Captan l Carbaryl Carbon tetrachloride Chloramben Chlordane Chlorobenzilate Chloroform Chloromethyl methyl ether Chromium and compounds (hexavalent) DDT/ODD 1,2j-Di bromq-3-chloropropanc (DBCP) 3,3 -Dichlorobenzld1ne 2,4-Dichlorophenoxy acetic acid (2,4 0) # 5 ppb, TLV/420 (II.B.) 0.035 ug/M , ADI/10 (III.D.) 0.0 ug/M,, LEL/4200 (II.C.) 1.0 ug/M,, LEL/1000 (II.C.) 1.2 ug/M ,,TLV/420 (II.B.) 0.024 ug/M , PEL/420 (II.B.) (0.005 fibers> 5 um/cc), TLV/420 (II. 24 ppb,-TLV/420 (II.B.) 30 ug/H , I.EL/1000 (H.C.) 0.0007 ug/M , LEL/100 (II.A.) 0.01 ug/M , (I.) 1.2 ug/H,, TLV/420 (II.B.) 1.2 ug/M , TLV/420 (II.B.) 120 ppb, TLV/42 (III.B.) 0.0024 ppb, TLV/420 (II.B.) No guideline due to Insufficient scientific evidence 0.12 ug/M , TLV/420 (II.B.) 35 ug/M, ADI/10 (III.D.) 3.5 ug/Ma, ADI/10 (III.D.) 12 ppb, TLV/420 (II.D.) 1333 ug/M,, LEL/4200 (II.C.) 0.35 ug/M , ADI/10 (III.D.) 7 ug/M , ADI/10 (III.D.) 24 ppb, TLV/420 (II.B.) 0.02 ppb,,NOEL/4200 (II.C.) 0.12 ug/H , TLV/420 (II.B.) 1.0 ug/M , ADI/10 (III.D.) 0.1 ppb, NOEL/1000 (II.C.) No guideline due to lnsuffici scientific evidence; noted to .0001165180 carcinogenic r 105 ug/M , ADI/10 (III.D.) Substance * *i i Dieldrin *jf Di(2-ethyl hexyl)phthalate Dimethylcarbamyl chloride \ 1,1-Dimethyl hydrazine * 'Dimethyl sulfate Dioxane Endosulfan Endrin Ethyleneblsdithlocarbamic acid aalta i Ethylene dlbromide Ethylene dichloride t1 i1 ethylene dichloride) Ethylene oxide Ethylene thiourea 1 Epichlorohydrin A Formaldehyde Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexamethyl phosphoramide Hydrazine Kelthane Kepone ; -- Lead and compounds ; Manganese and compounds l . Mercury and compounds *4 Metho^ychlor 1 1 Methyl bromide jp Methyl chloride V 4#4 -Methylene bia(2-chloroaniline) ---- Methylene chloride Methyl iodide Mi rex # Monomethyl hydrazine Q-Naphthylapine A ^Nickel and compounds 4-Ni trod i phenyl*; llOltl u / Ambient Air Quality Guideline (Annual Average Unless Othcrwiso Noted) With Protocol Reference 0.035 ug/M3, ADI/10 (III.D.) 120 ug/H3, TLV/42 (III.D.) 0.24 ppb, LEL/4200 (II.C.) 1.2 ppb, TLV/420 (II.D.) 2.4 ppb, NOEL/420 (II.A.) 24 ppb, UOEL/4200 (II.C.) 2.4 ug/M, TLV/42 (III.D.) 0.07 ug/H , ADI/10 (III.D.) 10 ug/M3, ADI/10 (III.D.) 2.4 ppb, LEL/4200 (II.C.) 37 ppb, LEL/1000 (II.C.) 2.4 ppb' LEL/4200 (II.C.) 0.7 ug/M3, ADI/10 (III.D.) 2.4 ppb, NOEL/4200 (II.C.) 4.0 ppb, TLV/420 (II.B.) 0.10 ug/M , ADI/10 (III.D.) 0.40 ppb, NOEL/4200 (II.C.) 0.06 ppb, NOEL/1000 (II.C.) 0.0024 ppb, NOEL/4200 (II.C.) 0.24 ppb. TLV/420 (II.B.) 0.8 ug/M3, ADI/10 (III.D.) 0.88 ug/M , LEL/1000 (II.C.) 1.5 ug/M3, (I.) 24 ug/M ,-TLV/42 (III.D.) 0.24 ug/M, TLV/42 (III.B.) 35 ug/M3, ADI/10 (III.D.) 120 ppb, TLV/42 (III.B.) 1200 ppb, TLV/42 (III.B.) 0.05 ppb, TLV/420 (II.B.) 2400 ppb, TLV/42 (III.B.) 5 ppb, TLV/420 (II.B.) 0.B0 ug/M , LEL/1000 (II.C.) 0.5 ppb, TLV/420 (II.B.) 19 ug/M ,,LEL/1000 (II.C.) 0.24 ug/M3, TLV/420 (II.B.) 2.7 ug/M , NOEL/1000 (II.C.) VAB.0001165181 II t i TAM.1S 1 (tout'd) J Substance Nitrofen !- I.t 2-Nltropropane . N-Nitrosodimethylamino i Parathlon Particulate polycyclic aromatic hydrocarbons Pentachlorophenol (PCP) I Perchloroethylene Phenol N-Phenyl-Q-Naphthylamine Polybromlnated biphenyls ? t * ft Polychlorinated biphenyls Propane sultone (-Propiolactone # Propylene Inline Propylene Oxide Quintozene Strobane 2-(p-tert-Butylphenoxy)-isopropyl-2-chloroethy1 sulfite Tetrachlorlnated dlbenzo-p-dioxins Tetrachloroethane Tetrachlorvinphos Thallium and compounds O-Tolidine -- Trichloroethylene .Trichlorophenol isomers 2,4,5-Trichlorophenoxy acetic acid (2,4,5 T) Trifluralln Toxaphene i . Vinyl bromide -- Vinyl chloride * t t . * (J*) * I p- t Ambient Air 4 Quality Guideline (Annual Average Unless Otherwise Noted) With Protocol Reference 0.75 ug/M3, 24-hr TWA, NOEL/1000 considering teratogenicity, (II.C.) 6 ppb, NOEL/4200 (II.C.) 0.0004 pob, NOEL/4200 (II.C.) 1.0 ug/M3, ADI/10 (III.D.) 0.40 ug/M , TLV/420 (II.B.) 12 ug/M , TLV/42 (III.D.) 1200 ppb, TLV/42 (III.D.) 120 ppb, TLV/42 (III.D.) 45 ug/M3 , NOEL/4 200 (II.C.) No guideline due to insufflciunt scientific evidence 0.10 ug/M , NOEL/4200 (II.C.) No guideline due to insufficient scientific evidence; noted to be hiqhly carcinogenic No guideline due to insufficient scientific evidence; noted to be carcinogenic 4.0 ppb, TLV/420 (II.B.) 250 ppb,,NOEL/420 (III.C.) 2.4 ug/M,, ADI/10 (III.D.) 7.7 ug/MJ, LEL/1000 (II.C.) 10 ug/M , LEL/1000 (II.C.) 0.000035 ug/M , NOEL/1000 (IX.C.) 24 ppb, TLV/42 (III.D.) 3360 ug/M , LEL/1000 (II.C.) 2.4 ug/M , TLV/42 (III.D.) No guideline due to insufficient scientific evidence 1200 ppb,,TLV/42 (III.B) 3500 ug/M , NOEL/100 (III.C.I 1 ug/M3, k DI/10 (III.D.) 1150 ug/M, LEL/1000 (II.C.) 1.2 ug/M , TLV/420 (II.D.) 12 ppb, NOEL/4200 (II.C.) VAB.0001165182 2.^ ppb, PEL/42U (II.0.) I t