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01-04-1994 - Vinyl Chloride Measurement for Risk vs. EnforcementCity of Win Covina • • Memorandum AGENDA. To: City Manager City Council ITEM NO. F From: Environmental Services DATE .1-4-94 Director Subject: Vinyl Chloride Measurement December 27, 1993 for Risk vs. Enforcement SUMMARY: The Waste Management and Environmental Quality Commission had information presented by the BKK Landfill Interagency Steering Committee on the emissions and measurement of vinyl chloride at the BKK Landfill: Some information was presented that addressed the difference between measured concentrations of vinyl chloride for Proposition 65 and enforcement purposes. On December 16, the Waste Management and Environmental Quality Commission received the quarterly report from the BKK Landfill Interagency Steering Committee. The emissions .of vinyl chloride from the Landfill and its relationship to air quality enforcement and Proposition 65 was discussed. An explanation of the different purposes of Proposition 65 notification and enforcement and the current concentration levels of vinyl chloride for these purposes was discussed. The Commission voted to recommend to the City Council that the City.request the appropriate agencies to provide an explanation of the different concentration levels of vinyl chloride for Proposition 65 notification purposes vs. enforcement and other purposes. The recent Proposition 65 notices placed in the newspaper by BKK Corporation caused some discussion of the vinyl chloride emissions at the Landfill. During the course of the regular BKK Landfill Interagency Steering Committee .report some explanations were provided on this subject. This discussion may be summarized as follows: 1. The permitted concentration of vinyl chloride for enforcement purposes is 10 parts per billion (ppb). This concentration is normally only applied to.businesses that use vinyl chloride in their operation and may have an emission to control. The current AQMD regulation exempts landfills. AQMD Staff has recommended this exemption be removed. 2. The 10 ppb vinyl chloride concentration for enforcement purposes was a level established by the California Air Resources Board (GARB) in 1978. According to the State, this level was established on the ability of equipment and analysis procedures to'measure this level of vinyl chloride.. According to the State this was the lowest concentration that could be consistently measured by equipment at 'the time. The AQMD is in the process of reviewing this enforcement concentration level. They may consider the lowering of this concentration level. 3. The 0.05 ppb.vinyl chloride concentration for the United States Environmental Protection Agency's risk assessment purposes is based on the number adopted by CARB in 1990. This was done as a part of CARB's Toxic Air Contaminant Program. The California Environmental Protection Agency, Office of Environmental and Health Hazard Assessment (OEHHA) estimated the carcinogenic potency of vinyl chloride for.this Program. 4. The Proposition 65 warning level is based on the 0.05 ppb level of concentration of vinyl chloride in the air. According to the State the.Proposition 65 warning level (the No Significant Risk Level) is set at l excess case of cancer in 100,000 exposed individuals. Using.OEHHA's potency value for vinyl chloride, the Proposition 65 warning level equates to 0.'05 ppb in ambient air (3 micrograms per day). According to the State this risk estimate assumes a lifetime (70 years) exposure at this concentration. 5. The difference between the.vinyl chloride concentration used for enforcement and that level used for the risk assessment and Proposition 65 is a'factor of 200. In other words, 10 ppb concentration of vinyl chloride used for enforcement is 200 times greater than the risk assessment level of 0.05 ppb. 6. In between the extremes of 10 ppb and 0.05 ppb mentioned above is the capability of equipment to measure these concentrations. The agencies are of the opinion that no one has the ability to consistently measure 0.05 ppb, even with the most sophisticated equipment under very controlled conditions in a laboratory. This relationship between vinyl chloride concentrations and equipment can be visually represented as follows: 10 parts per billion AQMD enforcement concentration ---- Range in which equipment in*the field may measure vinyl chloride -- Range in which only equipment in the laboratory may consistently measure vinyl chloride 0.05 parts per billion The concentration of - vinyl chloride used. by the ARB for Proposition 65 based on cancer risk assessment 7. The background risk ,of developing cancer in our society is around one person 'in a population of three. In other words, one out every three.persons will develop cancer during their. lifetime. To. place this in perspective, there would be over 33,000 cases of cancer in a population of 100,000 that.would equate to the background risk level. The above information has been presented at different times over the last few years. This information was conveyed in oral and written reports. However, most of the time the information was in a technical context that may or may not have been understood by the public.. In addition, the above information has never been put into writing that would allow the public to read the description of the various regulations and compare them to each other. It is this lack of comparison that the Waste Management and Environmental Quality Commission took their action. The Commission unanimously recommends to the City Council that the City request the appropriate agencies to provide an explanation of the different concentration levels of vinyl chloride for Proposition 65 notification purposes vs. enforcement and other purposes. 2