California Governor Jerry Brown approved Assembly Bill (AB) 1647 - Petroleum refineries: air monitoring systems on October 8, 2017. AB 1647 would require a refinery-related community air monitoring system to be installed on or before January 1, 2020, and would require an air district to design, develop, install, operate, and maintain the refinery-related community air monitoring system or to contract with a third party to provide the services. The bill would also require an owner or operator of a petroleum refinery to develop, install, operate, and maintain a fenceline monitoring system on or before January 1, 2020. In addition, the bill would require the air district and the owner or operator of a refinery to collect real-time data from these monitoring systems, to provide that data as quickly as possible in a publicly accessible format, and to maintain records of that data. Finally, the bill would require the owner or operator of a petroleum refinery to be responsible for the costs associated with the refinery-related community air monitoring system and the fenceline monitoring system.

AB 1647 follows in the footsteps of the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule (PAR) 1180 - Refinery Fenceline and Community Air Monitoring, which applies to petroleum refineries. The purpose of PAR 1180 is to require real-time fenceline air monitoring systems and to establish a fee schedule to fund refinery-related community air monitoring systems that provide the public with information on the levels of various criteria air pollutants, volatile organic compounds, metals, and other compounds, or near the property boundaries of petroleum refineries and in nearby communities. A fenceline air monitoring plan will be required to be submitted to the District no later than eight months after the date of rule adoption. The most recent draft of PAR 1180 was released on November 1, 2017.

For more information regarding compliance with AB 1647 and the proposed rule changes, please contact our Irvine office at (949) 567-9880 or visit the District's website.