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On November 15, 2017, the Bay Area Air Quality Management District (BAAQMD) Board of Directors voted to adopt Regulation 11-18: "Hazardous Pollutants - Reduction of Risk from Air Toxic Emissions at Existing Facilities". The rule is intended to reduce the health risks from toxic emissions to residents, workers, and students near existing facilities by requiring the implementation of risk reduction measures.

Below are some of the important takeaways from the November 15, 2017 public hearing:

  • Rule 11-18 will be applicable to over 400 facilities.
  • BAAQMD will be performing the Health Risk Assessments (HRAs) for Title V facilities through certified third-party contractors. Minor source facilities can perform their own HRA, or may opt to have BAAQMD perform it.
  • Facilities that exceed the risk action level (i.e., 25 per million prior to January 2020, 10 per million after January 2020) will have 180 days to submit a risk reduction plan. Then, facilities will have five years from the approval of the risk reduction plan to either implement Best Available Retrofit Control Technology for Toxics (TBARCT) or come under the 10 per million risk action level threshold. BAAQMD may grant an additional five years to implement TBARCT if provided with sufficient justification.
  • BAAQMD will be publishing a TBARCT workbook, geared towards facilitating compliance with Rule 11-18 for small facilities with limited environmental resources.
  • BAAQMD will be creating a technical dispute resolution committee, which will mediate emission calculation disputes between facilities and the BAAQMD related to emission input data used in HRAs.

For more information on the impacts of Rule 11-18, please contact Divya Agarwal at (510) 285-6351 or visit the District's website here.