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HomeMy WebLinkAboutMINUTES - 05081984 - 2.11 Contra ` BOARD OF SUPERVISORS @Costa TO FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR County DATE: May 8, 1984 SUBJECT: Support for Senate Bill 2225 - Air Pollution Emissions: Resource Recovery Projects Specific Requests or Recommendations & Background & Justification RECOMMENDATION Adopt a position in support of SB 2225., if amended to assure that future resource recovery projects are given equal treatment concerning obtaining emission offsets. BACKGROUND As directed by your Board, the Solid Waste Commission, at its April 18, 1984 meeting heard Mr. Edward McHugh of the Bay Area Air Quality Management District. He discussed Senate Bill 2225 concerning air pollution emissions from resource recovery projects. Because the Commissioners did not have. time to adequately review the bill and solicit other opinions, they voted to defer their decision on SB 2225 until the next Solid Waste Commission meeting on May 16, 1984. The following is a staff summary and opinion of Senate Bill 2225. Senate Bill 2225, introduced by Senators Foran and Rosenthal , and amended March 26 and April 9, 1984, would require Air Pollution Control Districts and Air Quality Management Districts to issue permits for construction of resource recovery projects producing 80 megawatts or less of electricity if: 1. The projects are located in a district whose state implementation plan revisions have been approved by the Environmental Protection Agency; 2. The facility processes municipal waste from one or more municipalities. Presently, state law exempts resource recovery projects of 50 megawatts or less from securing offsets if the applicant makes a "good faith effort" to secure them and if the project utilises the appropriate degree of pollution control technology required by the new source review rule of the District. SB 2225 would modify this requirement by allowing a resource recovery project that produces 80 megawatts or less of electricity to be permitted under the same requirements as those available for a project of 50 megawatts or less. However, the bill has two additional stipulations that would affect all resource recovery projects producing 80 megawatts or less of electricity. The first is that a project producing 80 megawatts or less must be located in a district whose state implementation plan revisions have been approved by the Environmental Protection Agency and for which sufficient growth allowances are available in the Air Quality Maintenance Plan. Secondly, in the event Continued on attachment: X yes Signatur Recommendation of County Administrator Recommen ion of Board ommittee Approve Other: Signature(s)- Action of Board on: 2hA, Approved as Recommended/Other Supervisor Fanden abstained, stating she still had reservations. Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF. THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested Orig. Div.! Public Works (EC) J.R. 01-M,,couNTY CLERK AND cc: County Administrator EX OFFICIO CLERK OF THE BOARD Bay Area Air Qual.Mgmnt.Distr.(via EC) Solid Waste Commission (via EC) , By DEPUTY 00 151 S the project would cause any criteria pollutant to exceed the available or possible future growth allowance, the applicant will be responsible for securing offsets in an amount equal to the excess in the growth allowance. The Bay Area Air Quality Management District has set aside a 5.7 tons per day limit as the future growth allowance for resource recovery projects. This amounts to the emissions given off by a plant(s) producing approximately 110 megawatts. In effect, this means that should San Francisco build an 80 megawatt facility, the West County Agency 20 megawatt facility, and Tri-City (Fremont, Union City, and Newark) 10 megawatt facility, there will be no more future grown allowances available. Thus, any future resource recovery projects beyond the 110 megawatt ceiling, would be required to secure offsets in the amount needed for the project. The Bay Area Air Quality Management District is scheduled to have their Air Quality Plan reviewed and revised by 1987. At that time they may allow an increase in the growth allowance or they may require existing facilities to lower their emissions. In any event,, there is no guarantee that future projects will not have to secure utility offsets. Due to the fact that this proposal may significantly impact resource recovery projects in Contra Costa County, due to the high cost of offsets should they be required, staff recommends support of the bill only if a fair and equitable system can be developed to assure that resource recovery projects requesting permits after the growth limit (5.7 tons per day) has been achieved will not be unfairly burdened with the high cost of obtaining offsets. This assurance can be obtained either by amending the bill or by having the Bay Area Air Quality Management District commit that all future resource recovery projects will be given equal treatment. DBO:cl dbo.bo.sb2225.t5 . f. i 00 152