Regulation 11, Rule 18

Air District Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities (Rule 11-18) was adopted by the Air District on November 14, 2017 to address facilities whose emissions of toxic air contaminants (TACs) pose an elevated risk to nearby residents and workers. The purpose of Rule 11-18 is to prioritize existing facilities with the highest health impacts across the Bay Area and require them to reduce those impacts. Rule 11-18 requires existing facilities with health risks above specified risk action level thresholds to either reduce those health risks below the Rule’s risk action thresholds or implement Best Available Retrofit Control Technology for Toxics on all significant sources of health risks. When Rule 11-18 was adopted, a Recirculated Final Environmental Iimpact Report (RFEIR) was prepared and certified for the project, which found that the project would have significant impacts in the areas of air quality, greenhouse gases, hazards and hazardous materials, and water supply. At that time, the Air District adopted findings pursuant to CEQA Guidelines section 15091 and a statement of overriding considerations. The Air District has now amended Rule 11-18 in an effort to address delays in rule implementation. Several amendments address Health Risk Assessment (HRA) procedures, including: (1) requiring facilities to prepare preliminary HRAs using Air District-approved modeling protocols; (2) formalizing the current practice of holding a public comment period on the preliminary HRA concurrent with the existing 90-day comment period for the facility; and (3) outlining what happens when additional testing or emissions data may affect the facility’s HRA results and Risk Action Level status. Amendments are also made to Risk Reduction Plans (RRP) procedures, including (1) revising the terminology and timeline associated with the district’s review of draft RRPs prior to public comment; and (2) clarifying the circumstances under which extensions to the implementation of an RRP or risk reduction measure may be granted. The Air District has also adopted related amendments to the Implementation Procedures associated with Rule 11-18 and has adopted an Addendum and Mitigation Monitoring and Reporting Program pursuant to CEQA to implement the mitigation measures in the RFEIR.