Document peQ1BByVn9Gvj4xb3NvZNajpa

State of California AIR RESOURCES BOARD f- 3 J'A i) ` NOTICE OF PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF STATE AMBIENT AIR QUALITY STANDARDS AND/OR SIGNIFICANT HARM LEVELS 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 Sections 39606(b) and 41700 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 never tb be exceeded) for vinyl chloride. On January 25, 1978, the Board received a status report from its staff and comments 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 chloride air pollution: -- Pursue enforcement of the emission regulations for vinly-chloride monomer and related substances promulgated by the Environmental Protection Agency (EPA) on October 21, 1976 pursuant to Section 112 of the Clean Air Act [National Emission Standards for Hazardous Air Pollutants (NESHAPS)}, and defer further state regulatory action until the NESHAPS emission regulations are fully implemented in October 1978. -- 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 designate a Significant 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 (SCAQMD). 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 operators of such facilities, and/or by specific emission limitations. If the action taken is to set a Significant Harm Level, enforcement under Health and Safety Code Section 41700 could also be taken, through district permit requirements and/or legal action before a court of competent juris diction. 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 appropriate test methods. Staff analysis ,of comments received during and subsequent to the January 25 1978 Board meeting will be presented. NGC 24031 2- - If one or more new state ambient air quality standards and/or Significant fern Levels 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 public hearing on this matter are as follows: DATE: April 27, 1978 TIME 10:00 a.m. PLACE: Crystal Bal1 room 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.O. Box 2815), Sacramento, California 95812, 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 consents 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 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 analysis and 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; 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 Harm 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 Code. March 22, 1978 William H. Lewis, 0 Executive Officer NGC 24032 State of California AIR RESOURCES BOARD Hay 24, 1978 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 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 hearings held on January 25, 1978, April 27, 1978, and May 24, 1978, relating to the adverse health effects including carcino genic, mutagenic and teratogenic effects, of *iiiy$^ch.lcride (chloroethene, CH2=CHC1); 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; V.'HEREAS, the Rational 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; V.'HEREAS, 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; NGC 24033 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-^Ambi ent M^uaJi&^taadacds. toces 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 necessari 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' stand; constitute an endange ment to the health of the public. NGC 24034