SCAQMD – Proposed Metal Recycling and Shredding Rule

On July 1, 2022, the South Coast Air Quality Management District (SCAQMD or District) published an Initial Preliminary Draft of Proposed Rule 1460 for the control of particulate matter emissions from metal recycling and shredding operations. If promulgated, Rule 1460 will apply to facilities that accept and process essentially any form of scrap metal including, but not limited to, ferrous and non-ferrous metals, aluminum scrap, auto bodies, and major appliances.

Registration

As proposed, both existing and new scrap metal facilities must register with SCAQMD. The registration must be updated if a facility changes locations, ownership, or capacity; installs additional torch cutting equipment; or if an additional Sensitive Receptor(s)^[1] is located within 328 feet (100 meters) of the facility boundaries. With the expected adoption of the Proposed Rule in the fall of 2022, initial registrations for existing scrap metal facilities will likely be due by January 1, 2023.

Facilities will also be required to pay a “Plan Filing Fee” at the time of registration and updated registration per SCAQMD Rule 306. The current Plan Filing Fee for non-Title V facilities is $179.52.

Housekeeping

Current draft language also indicates that metal recycling facilities will be required to clean traffic and material processing areas daily using a “Prescribed Cleaning Method,” which, as defined by Proposed Rule 1460, currently include the use of any combination of the following:

• Wet mops,
• Damp cloths,
• Wet wash,
• Low-pressure spray nozzles,
• Wet vacuums, and
• Dry vacuums with dust suppression.

Best Management Practices

In addition, the current draft language includes requirements for metal recycling facilities to implement best management practices (BMPs). Required BMPs currently proposed include, but are not limited to:

• Applying water to unloading, handling, processing, and storage operations,
• Limiting vehicle speed,
• Paving roads,
• Using wheel shakers or wheel shaking devices,
• Installing wheel washing systems,
• Storing waste in covered containers, and
• Storing metal shredder residue in an enclosure with at least three walls that extend at least two feet above the residue.

Additional BMPs will be required for all facilities located within 328 feet (100 meters) from a Sensitive Receptor. If the instantaneous wind speed exceeds 25 miles per hour (mph), operators must cease metal loading and unloading, sorting, shearing, baling, torch cutting, and shredding activities that are not within a building enclosure.

Signage Requirements

The draft language also includes provisions for metal recycling facilities to install and maintain signage in both English and Spanish with specific warning and contact information language provided by SCAQMD.

Recordkeeping

Based on the current draft language, operators will be required to maintain the following records:

• Monthly throughput,
• Daily housekeeping logs, and
• Complaints received by the facility.

Records will need to be maintained for at least three years and will need to be provided to SCAQMD, if requested.

Exemptions

As currently proposed, Rule 1460 will not apply to the following sources:

• Auto dismantlers,
• Metal melting or lead processing facilities subject to SCAQMD Rules 1407, 1407.1, 1420, 1420.1, or 1420.2,
• Recycling centers that primarily accept and pay for empty beverage containers from consumers, and
• Material recovery facilities that separate solid waste and recyclable materials for the purpose of recycling or composting, and offsite disposal.

Building Enclosures

One of the more restrictive elements of the proposed rule as currently drafted is the requirement for newly installed or constructed metal shredders to operate within a Building Enclosure that meets very specific design criteria intended to limit the potential for fugitive emissions.

What is next?

Based on information presented by SCAQMD during recent working group meetings related to Proposed Rule 1460, it is expected that the after one more working group meeting to occur sometime during the third quarter or 2022, the District will schedule a public hearing for October 2022 and calendar the proposed rule for adoption by the SCAQMD Governing Board in November 2022.

ALL4 has extensive experience helping industrial facilities comply with regulations in the SCAQMD and is working closely with industry groups tracking the development of this proposed rule. While this rule is still in development, it is never too early to evaluate your compliance obligations and strategy. If you are interested in learning how this rule may affect your Facility, please feel to reach out to me at 610.442.1131 or mmchale@all4inc.com.

[1] Draft language issued for Proposed Rule 1460 currently defines SENSITIVE RECEPTOR as “a residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers and health facilities such as hospitals or retirement and nursing homes. A sensitive receptor includes long term care hospitals, hospices, prisons, and dormitories or similar live-in housing. School or school grounds means any public or private school, including juvenile detention facilities and schools serving as the students’ place of residence (e.g., boarding schools), used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. School or school grounds includes any building or structure, playground, athletic field, or other areas of school property, but does not include unimproved school property.”