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November 2015 l Volume 2015-4

In This Issue

Welcome!

Welcome to the latest issue of the Bay Area Air District’s Air Currents newsletter. In this issue, you’ll find articles about the start of the Winter Spare the Air season, the agency’s newly adopted wood-burning rule amendments and a series of open houses held to provide information about the Air District’s proposed new refinery rules and amendments.   Other articles cover a new community grant program, funding for the Breathmobile and two recent financial settlements with local refineries. Current grant opportunities are also summarized.

Winter Spare the Air Season Begins

2013 Winer Spare the Air

November 1 marks the beginning of the Winter Spare the Air season in the Bay Area, the eighth season since the Air District passed its wood-burning regulation in 2008.  Until the end of February 2016, it will be illegal to burn wood when the Air District issues a Winter Spare the Air Alert.

Wood smoke is the single largest source of wintertime air pollution in the region. It contains harmful particulate matter, which is associated with a wide range of health effects, such as asthma, heart disease and even premature death.  Wood smoke contains many of the same carcinogenic substances as cigarette smoke.  

On cold, still winter nights in the Bay Area, pollution from wood smoke is trapped close to the ground, where it accumulates in many local neighborhoods.  When pollution concentrations rise and air quality is expected to become unhealthy, the Air District will call a Winter Spare the Air Alert, banning wood burning.  

During the Winter Spare the Air season, residents should check the Winter Spare the Air Alert status before using their fireplace or wood-burning stove. There are several ways to check the wood-burning status.  Residents can call 1 (877) 4-NO-BURN, visit www.sparetheair.org, register online for automatic phone or email alerts, or download the iPhone or Android app.  Winter Spare the Air Alerts will also be announced in the local media.

First-time violators of the wood-burning rule will be given the option of taking an online Wood Smoke Awareness Course, in lieu of paying the $100 penalty.  Fines for subsequent violations start at $500. 

The wood-burning rule has been one of the Air District’s most effective tools in reducing fine particle pollution in the winter. On October 21, the Air District adopted a series of amendments to the wood-burning regulation in order to make it an even more effective instrument for protecting public health in the Bay Area. These amendments are the subject of another article in this issue of Air Currents.


Air District Amends Wood Burning Rule

fireplace

On October 21, the Air District’s Board of Directors unanimously adopted a set of strong new provisions that will significantly improve the agency’s wood-burning regulation, which is designed to safeguard public health against the hazards of fine particle pollution.

The amendments tighten exemptions and requirements from the original rule, adopted in July 2008.

In addition, a $3 million grant program is under development that will provide funding of at least 50 percent for residents to change out older wood-burning devices to cleaner and more effective home-heating equipment.  The board also issued a resolution directing Air District staff to come back in five years with a proposal to ban all wood burning on Winter Spare the Air days.

Fine particle pollution is one of the major health threats to Bay Area residents in the winter months.  The wood burning rule has been effective in reducing fine particle pollution in the region and in helping to raise awareness of the health hazards of wood smoke. 

Staff removed an earlier proposed amendment to the rule requiring fireplace or wood stove change-outs upon sales of all homes and instead adopted the real estate property disclosure requirement below.

The amendments to Regulation 6, Rule 3 include the following provisions:
 
Exemption for Sole Source of Heat
The new amendments continue to provide a Winter Spare the Air Alert exemption to households with no permanently installed natural gas, propane or electric heating options. However, households may qualify for this exemption only if the sole source of heat is a wood-burning device that is EPA certified and enrolled in the Air District’s registration program. 

Exemption for Non-Functional, Permanently Installed Heater
Households may receive a temporary 30-day Winter Spare the Air Alert exemption to repair a non-functional heater. Upon request by the Air District, claimants of this exemption must submit repair documentation for exemption verification. 

Visible Emissions Limitation
Following a 20-minute start-up allowance for new fires, visible chimney smoke of greater than 20-percent opacity  and aggregate to 3 minutes in any hour would be considered a violation of the rule.

Manufacturing and Sales of New Wood Heaters
Wood-heater manufacturers and retailers must comply with newly updated EPA emission standards and compliance dates for all wood heaters sold or manufactured in the Bay Area. 

Fireplace or Chimney Remodels
All fireplace or chimney remodeling projects that cost more than $15,000 and require a local building permit must include the replacement of any uncertified wood-burning devices or fireplaces with EPA-certified wood-burning devices or gas-fueled or electric heaters. 

New Building Construction
Wood-burning devices may no longer be installed in new building construction.  New building construction must involve installation of cleaner and more efficient heating options, such as gas-fueled or electric heaters.

Real Estate Property Disclosure
All real estate and rental properties must disclose the health hazards of PM2.5 from burning wood or any solid fuel as a source of heat. 

In the spring, the Air District hosted nine workshops - one in each Bay Area county - to discuss the initial concepts for these amendments to Regulation 6, Rule 3: Wood Burning Devices.  As a result of comment and discussion with Bay Area residents and other stakeholders during this process, the initial draft amendments were revised and the revised versions were offered for a final 30-day public comment period, which ended October 19.  

The Air District will open a change out grant program for fireplaces and wood burning stoves in the spring of 2016. Funding priority will go to low-income residents and high wood-smoke impact areas.

Air District Hosts Open Houses for New Draft Refinery Rules

smokestack

In September, the Air District hosted a series of open houses to discuss four new and amended draft petroleum refinery emissions reduction rules. 

Bay Area refineries are subject to some of the strictest regulations in the country.  However, as part of the Air District’s Refinery Emissions Reduction Strategy, the agency is developing and amending a suite of regulations in an effort to further reduce emissions of key air pollutants from Bay Area refineries by 20 percent, or as much as feasible, by 2020.

The open house events gave community members and other stakeholders an opportunity to learn about the air quality benefits of the first set of rules and make their voices heard in the rule-making process.

The open houses were held at elementary schools in Martinez on September 15, Benicia on September 17 and Richmond on September 18.

These open houses covered the following proposed regulations:

New Regulation 6, Rule 5: Fluid Catalytic Cracking Units would limit ammonia emissions from fluid catalytic cracking units, in order to reduce associated formation of fine particulate matter.

Amended Regulation 8, Rule 18: Equipment Leaks would further reduce emissions of organic compounds, toxics and methane by broadening the equipment leak standards to include all equipment handling heavy liquids. 

New Regulation 9, Rule 14: Petroleum Coke Calcining would reduce sulfur dioxide from coke calcining processes, which would also reduce particulate matter formation.

Amended Regulation 11, Rule 10: Cooling Towers would reduce emissions of organic compounds, toxics and methane by requiring the rapid detection, minimization and repair of leaks. 

These rules are currently in public comment period, along with the following two additional proposed refinery rules:

New Regulation 12, Rule 15: Petroleum Refining Emission Tracking would require continuously updated state-of-the-art methods to calculate and report the total pollution from the refineries every year.  The proposed rule would also require extensive air quality monitoring to validate those pollution calculations and ensure that surrounding communities are not subjected to unhealthy levels of pollution. Emissions inventories and monitoring data would be used to identify potential reductions, and an energy audit would be required to identify potential improvements that could reduce climate pollutants.  Finally, the proposed rule would require new, more protective Health Risk Assessments to determine health risk from toxic air pollutants.

New Regulation 12, Rule 16: Petroleum Refining Emissions Limits and Risk Thresholds would set limits for refinery criteria pollutant and toxic emissions and minimize the health burden for the surrounding communities.  It would also require that Health Risk Assessment information be updated every year as new emissions data are received.

The Air District is seeking public comment on these six rules through November 23, 2015.  Comments should be submitted in writing to gnudd@baaqmd.gov.  For more information, call Greg Nudd at 415-749-4786.

The Air District will review comments received and present the proposed new and amended rules for adoption by the Air District’s Board of Directors at the December 16 board meeting.

Air District Offers $250,000 in Community Grants

Jim Smith

In September, the Air District’s Board of Directors approved an allocation of $250,000 to fund the James Cary Smith Community Grant Program for fiscal year 2016.

The program will provide grants for locally based projects that decrease air pollution while increasing community awareness and engagement on air quality issues. The program is named for the former Air District Community Outreach Manager who helmed the agency’s initial pilot community grant program in 2009-10.  Mr. Smith passed away in 2015 from ALS.  

Under this program, the Air District will award grants of up to $25,000 to enable non-governmental, community-based organizations to implement projects under three categories:

Education and engagement - to inform and engage community members about air quality concerns in their daily lives and develop leadership in creating behavior changes that reduce air pollution and greenhouse gas emissions. 

Local air pollution impact mitigation - to reduce air pollution impacts through local, small-scale projects.  

Community-based research - to implement community-academic partnerships or “citizen science” projects that analyze local air quality impacts or demonstrate the effectiveness of innovative mitigation strategies. 

Eligible applicants can include non-profit (including faith-based) organizations, community-based organizations or associations, schools or school-sponsored (teacher, student, or parent initiated) groups, or community-based business or merchant groups in partnership with local community organizations.

Priority will be given to grant applications in localized areas with high concentrations of air pollution, where vulnerable communities experience significant adverse health impacts. 

In general, successful grants are expected to demonstrate a strong degree of community engagement and community partnership and should highlight both community health and climate protection co-benefits. The grant period will be 12-15 months.  Projects must be completed within the time period and all grant funds must be expended by June 30, 2017.

The deadline for applications is December 1.  For more information, contact David Ralston at (415) 749-8423 or dralston@baaqmd.gov.  You can also find information at www.baaqmd.gov/community.

The Air District administered the community grant program as a pilot in 2009-2010, seeking an effective strategy for engaging community partners more directly in our work. Following the broad interest in this past program, the James Cary Smith Community Grant Program formalizes the grant process and ensures that communities will continue to have hands-on opportunities to improve air quality in years to come.

Air District Funds Expansion of Breathmobile in the East Bay

Breathmobile

A new round of Air District funding will help kids breathe easier in communities impacted by air pollution.

In September, the Air District approved a $100,000 grant to the Prescott-Joseph Center for the expansion of the Breathmobile to children and families living in the cities of San Pablo and Hayward and the Chinatown neighborhood of Oakland.

The Breathmobile is a free mobile asthma clinic, staffed by a team of medical specialists, which travels to schools and other sites to provide free preventative asthma care services—including full-service evaluation, treatment and education. Every Breathmobile patient leaves with an asthma action plan—shared with teachers and caregivers—and medication, or means to obtain medication.

The program currently serves 17 sites, including the communities of Oakland, West Contra Costa County and BayView-Hunters Point in San Francisco, along with school and head-start sites in the following Alameda County locations: Emeryville, San Leandro, Berkeley, San Lorenzo and the City of Alameda.

The Air District has supported the Breathmobile’s services since 2009.  By providing regular preventative care, the mobile clinic has been very effective in reducing asthma-related emergency room visits, hospitalizations and school absenteeism in its service areas. 

Children are more strongly affected by air pollution because their lungs and bodies are still developing. They are also exposed to more air pollution than adults, since they breathe more rapidly and spend more time being active outdoors. Medical studies indicate that high concentrations of ozone and fine particle pollution correlate with asthma, which now affects one out of every six children in the Bay Area. Asthma is one of the main causes of emergency hospitalization among children each year.

The Breathmobile is managed by the Prescott-Joseph Center for Community Enhancement in West Oakland. It is sponsored by a coalition of government and industry that includes the Air District.

Air District Settles $4 Million Case with Tesoro Refinery

Boiler

In August, the Air District announced that Tesoro Refining and Marketing Company agreed to pay $4 million to settle air pollution violations at its Golden Eagle Refinery in Martinez.

During a routine inspection, the Air District discovered a practice of periodically draining process waste fluid to its on-site sewer and water treatment system.  When drained, volatile air contaminants - primarily butane and propane - immediately evaporated from the liquid and polluted the air.  Butane and propane hydrocarbon emissions contribute to the formation of smog.  

The Air District conducted a full investigation and documented draining violations from 2007 through 2014.  The illegal draining process caused a significant amount of air pollution and violated Tesoro's permit conditions and Air District regulations, which require the use of abatement technology to remove volatile air contaminants from process waste prior to draining fluids to an on-site sewer. Sewer drains must also be controlled to prevent air contaminants from escaping.  Tesoro bypassed its abatement technology and drained the process fluids directly into the on-site sewer.  

Several of the violations occurred in 2013, after the Air District had discovered Tesoro’s practice of draining process waste to the sewer and confirmed to Tesoro that this practice was both unlawful and dangerous.  Even further violations occurred in late 2013 and early 2014, after Tesoro had committed to ceasing the unlawful draining practice. 

The violations also include leak detection and repair violations discovered during the Air District's investigation of the draining events.  

Tesoro cooperated with the Air District's investigation of the incidents.  In order to prevent future violations, Tesoro has stopped the practice of draining process fluids into the on-site sewer system.

Air District Settles Case with Chevron

Industry

In August, the Air District announced a settlement with Chevron U.S.A Inc. to pay a $146,000 civil penalty for air quality violations at its refinery in Richmond.  The settlement covers 22 notices of violation that the Air District issued for incidents that occurred between 2012 and 2014.

Violations included the discharge of hydrogen sulfide and other pollutants through flaring, heavy smoke from flaring, failure to take flare samples, and excess carbon monoxide from furnace operations. The violations have all been corrected.

The Air District issues Notices of Violation when facilities violate a specific air quality regulation or rule. Violators are generally required to respond to the notice within ten days and submit a description of the actions they will take to correct the problem, such as shutting down operation immediately or changing operations or equipment to come into compliance.  

Settlement funds will be used by the Air District for activities such as the inspection and enforcement work that led to this settlement. 

Air District Offers Millions in Grants

Grant Funds

Carl Moyer Program - Funding is available for the upgrade or replacement of diesel engines and equipment, including trucks, off-road equipment, marine engines, locomotives and agricultural equipment.  Applications are being accepted on a first-come, first-served basis until all funds are awarded.  www.baaqmd.gov/Moyer

Goods Movement Program - Funding is available for the upgrade or replacement of diesel trucks/engines.  Truck applications must be submitted by November 20.  Funding will also be available for Transportation Refrigeration Units, cargo-handling equipment and locomotive projects in the near future.  www.baaqmd.gov/goods

Voucher Incentive Program - Funding is available for diesel truck replacements and retrofits.  Applications are being accepted on a first-come, first-served basis until all funds have been allocated.  www.baaqmd.gov/VIP

Lower-Emission School Bus Program - Funding is available for school bus retrofits, public school CNG tank replacements and public school bus replacements.  The Air District is currently accepting applications for all program types.  www.baaqmd.gov/LESBP

Plug-in Electric Vehicle Rebate Program - Funding is available for public agencies that purchase or lease zero- and partial zero-emissions light-duty cars, neighborhood electric vehicles, and motorcycles.  Applications will be accepted through December 18, unless funds are exhausted earlier.  www.baaqmd.gov/grant-funding/public-agencies/pev-rebate

Charge! Program - Funding is available for the installation of new PEV charging stations at Bay Area transportation corridors, workplaces, multi-dwelling units and trip destination locations.  Both public and non-public entities are eligible to apply for funding.  Applications will be accepted through January 15, 2016, or until all funds have been spent.  www.baaqmd.gov/charge

Electric Bicycle Locker Program - Funding is available for public agencies to purchase and install new electronic bicycle lockers.  Applications will be accepted through January 12, 2016, unless funds are exhausted earlier.  www.baaqmd.gov/grant-funding/public-agencies/bike-racks-and-lockers 

Bicycle Rack Voucher Program - Funding is available for public agencies to purchase and install new bicycle racks.  Applications will be accepted through January 29, 2016, or until all funds have been awarded.  www.baaqmd.gov/grant-funding/public-agencies/brvp



Air District Events

November

San Jose Fall Home Show - San Jose
November 7-8