New Jersey s Air Toxics Program



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New Jersey s Air Toxics Program Olga Boyko NJ Dept. of Environmental Protection Division of Air Quality MARAMA Air Toxics Workshop August 21, 2012 1

In developing an air toxics program, NJ took a multi-pronged approach Not just one rule Not just one program group An evolution 2

Permit must incorporate control technology requirements Originated within criteria pollutant program. State-of-the-Art (SOTA) required, can include: air pollution control technology pollution prevention methods process modifications or substitutions to provide the greatest emission reductions that are technologically and economically feasible expanded to air toxics beginning in 1979 with Sub. 17 3

Control and Prohibition of Air Pollution by Toxic Substances (N.J.A.C. 7:27-17) 1979 Listed 11 toxic volatile organic substances (TVOS) Required permits and state-of-the-art controls for emissions of TVOS 4

Further evolution out of criteria pollutant program Air toxics focus added to permit review, enforcement, monitoring, stack testing Allowed for air toxics to be absorbed into routine activities, omitting need for separate allocation of resources Much coordination and cooperation needed across programs 5

Air Toxics Steering Committee Formed in 1987 Representatives from air programs (Permitting, Planning, and Air Enforcement) Representatives from outside the air program: Science/Research, Pollution Prevention, Right-to-Know, NJ Dept. of Health Regular meetings, covering any/all issues related to air toxics Strategize, coordinate, evaluate 6

Air Toxics Permitting Hazardous Air Pollutants (HAPs) Linked to Clean Air Act HAP list Listed in our permit regulations (separately for minor sources and operating permits) Reporting thresholds (lb/year) determine whether a HAP needs to be included in a minor source or operating permit 7

Air Toxics Permitting N.J.A.C. 7:27-8 Permits and Certificates for Minor Facilities (and Major Facilities without an Operating Permit) N.J.A.C. 7:27-22 Operating Permits 8

Where does MACT fit in? Many of these have been incorporated into the New Jersey program In some cases New Jersey s requirements are more stringent For some source categories, NJ was the basis for the MACT floor 9

Are the SOTA emissions limits enough? After control is applied to a source, is there still a potential for detrimental impact to public health? To determine, must estimate air impact and health impact Need to model emissions and estimate cancer risk How can this be done for thousands of permits without holding up their processing? 10

NJDEP Division of Air Quality Risk Screening A short-cut for determining potential risk for the thousands of Air Pollution Control Permits processed every year. 1989: Implemented first risk assessment screening Developed method that used dispersion factors based on stack height and distance to property line that eliminated modeling for each source Used cancer potency data from EPA & other sources Conservative assumptions (downwash) If screening risk is low, pretty sure it s OK But if a source shows high risk it will be evaluated using a refined model using more source-specific inputs 11

Risk Screening Worksheet Updates Added more carcinogens (now up to 168) Added noncarcinogens Long-term effects (133) Short-term effects (64) Risk targets? 12

Cancer Risk Guidelines* NJDEP Division of Air Quality NEGLIGIBLE UNACCEPTABLE *For new and modified sources 13

Cancer Risk Guidelines for New and Modified Sources Risk < 1 in a million (1x10-6 ) 1 in a million < Risk < 100 in a million Risk > 100 in a million (1x10-4 ) Negligible risk. OK to issue permit if meets state-of-the-art (SOTA). Case-by-case review by Risk Management Committee. Can permit if risk is minimized and permit meets SOTA. Unacceptable risk; cannot issue Pre-Construction Permit. Deny proposed Pre-Construction Permit after set number of days if applicant does not agree to mitigate the risk. 14

Facility-Wide Cancer Risk Guidelines NJDEP Division of Air Quality NEGLIGIBLE UNACCEPTABLE 15

Facility-Wide Cancer Risk Guidelines Risk < 10 in a million (1x10-5 ) 10 in a million < Risk < 100 in a million 100 in a million < Risk < 1000 in a million Risk > 1000 in a million (1x10-3 ) Negligible risk Pursue long-term (5-year) risk minimization strategy. Pursue short-term (<1 year) and long-term risk minimization strategy. Unacceptable risk. Pursue N.J.A.C. 7:27-5 enforcement action. 16

Noncancer Risk Guidelines for All Sources NJDEP Division of Air Quality NEGLIGIBLE UNACCEPTABLE 17

NJDEP Air Toxics Monitoring 3-5 locations Volatiles, metals, and semi-volatiles Sampling every 3 or 6 days 18

NJDEP Air Toxics Monitoring Network Newark 19

BENZENE - NJ Air Monitoring Data 2.5 Camden Chester Annual average concentration (ug/m 3 ) 2.0 1.5 1.0 Elizabeth New Brunswick Health benchmark 0.5 0.0 20 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

CARBON TETRACHLORIDE - NJ Air Monitoring Data 0.8 0.7 Annual average concentration (ug/m 3 ) 0.6 0.5 0.4 0.3 0.2 Camden Chester Elizabeth New Brunswick Health benchmark 0.1 0 21 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

NJDEP Air Toxics Monitoring Annual Air Quality Report can be found at www.njaqinow.net/default.ltr.aspx Under Publications, then Annual Reports, then pick a year. Look for Air Toxics Summary Fine Particle Speciation Summary (Appendix B) 22

Special Air Toxics Projects Camden Waterfront South Air Toxics Pilot Project www.nj.gov/dep/ej/camden/index.html Urban Community Air Toxics Monitoring Project, Paterson (UCAMPP) More in the works 23

Camden Waterfront South Air Toxics Pilot Project Fall 2002 August 2005 Emissions inventory Site visits Dispersion modeling Air monitoring (toxics, PM 2.5 ) Community Advisory Committee meetings Risk reduction strategies 24

Camden Waterfront South Air Toxics Pilot Project Risk reduction strategies: Stationary source emission reductions Truck emissions reductions Environmental health education Vegetation for dust suppression 25

Urban Community Air Toxics Monitoring Project, Paterson (UCAMPP) Identification of risk reduction strategies for air toxics in an urban community through: Emissions inventory Site visits Outreach & education Dispersion modeling Air monitoring 26

NJDEP Web Site: Air Toxics in New Jersey www.nj.gov/dep/airtoxics/ 27

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Diesel Initiatives Mandatory Diesel Retrofit Program Idling restrictions Idling alternatives and demonstration projects School buses Heavy Duty Diesel Vehicle Inspection Program Reducing soot at the ports www.nj.gov/dep/stopthesoot 32

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What next for NJ s Air Toxics Program? Future Initiatives Update of reporting thresholds (to incorporate new toxicity data) Addition of chemicals to the list of regulated air toxics Expansion of air toxics emissions statements reporting Facility-wide risk assessment 34

Olga Boyko New Jersey Dept. of Environmental Protection Division of Air Quality Bureau of Technical Services Air Quality Evaluation Section Olga.Boyko@dep.state.nj.us 609-633-1108 609-633-1110 Olga Boyko Mail Code 401-02 DEP Air Quality Program P.O. Box 420 Trenton, NJ 08625-0420 35