Cumulative Levels and Effects Process

to Comply With

Minn. Stat. § 116.07, subd. 4a

aq-ppt2-04

PNAS: Shankardass et al. 2009

EPA. Framework for Cumulative Risk Assessment. 2003

Chapter 7. Implementing Cumulative Risk Assessment

“Cumulative risk is formally defined as the combination of risks posed by aggregate

exposure to multiple agents or stressors in which aggregate exposure is exposure by all routes and pathways and from all sources of

each given agent or stressor.” (EPA 2003)

STATE OF MINNESOTA IN SUPREME COURT

A04-886, A04-890

Court of AppealsAnderson, Paul H., J.

Concurring, Anderson, G. Barry, J.Took no part, Gildea, J.

Citizens Advocating Responsible Development, et al., Respondents,vs.

Filed: May 11, 2006Office of Appellate Courts

Kandiyohi County Board of Commissioners,Appellant (A04-886),

Respondent (A04-890),Duininck Bros., Inc.,

Intervenor (A04-886),Appellant (A04-890).

S Y L L A B U SThe definition of “cumulative impact” given in Minn. R. 4410.0200, subp. 11, does not apply to the project-

specific “cumulative potential effects” criterion in Minn. R. 4410.1700, subp. 7.A “cumulative potential effects” inquiry under Minn. R. 4410.1700, subp. 7, requires a Responsible

Governmental Unit to inquire whether a proposed project, which may not individually have the potential to cause significant environmental effects, could have a significant effect when considered along with other projects that (1) are already in existence or planned for the future; (2) are located in the surrounding area; and (3) might reasonably be expected to affect the same natural resources.

What led to development of this process?

Excerpt from Minn. Stat. § 116.07, subd. 4a

The agency may not issue a permit to a facility without analyzing and considering the cumulative levels and effects of past and current environmental pollution from all sources on the environment and residents of the geographic area within which the facility's emissions are likely to be deposited, provided that the facility is located in a community in a city of the first class in Hennepin County that meets all of the following conditions:

(1) is within a half mile of a site designated by the federal government as an EPA superfund site due to residential arsenic contamination;

(2) a majority of the population are low-income persons of color and American Indians;(3) a disproportionate percent of the children have childhood lead poisoning, asthma, or

other environmentally related health problems;(4) is located in a city that has experienced numerous air quality alert days of dangerous

air quality for sensitive populations between February 2007 and February 2008; and(5) is located near the junctions of several heavily trafficked state and county highways

and two one-way streets which carry both truck and auto traffic.

The agency may not issue a permit to a facility without analyzing and considering the cumulative levels and effects of past and current environmental pollution from all sources on the environment and residents of the geographic area within which the facility's emissions are likely to be deposited

Reasonable

Current & Technically Sound

Available DataPermitting

Defensible

BALANCE

Practical

Area Described by Statute

e.g. orange area would designate the “area of impact” IF this facility were in the area described by the statute.

• Identify ‘area of impact’ through modeling of air toxics and criteria pollutants

•If majority of impact is outside of the facility boundary, then separate human health endpoints for non-cancer estimates from AERA modeling (cancer diseases are summed)

Pollutant HQ/cancer risk

% of total project contribution

Exposure Duration Endpoints or physiological system (cancer is summed as one health endpoint)

Acute/ /NoncancerChronic or Cancer

Acute (hourly exposure) Chronic (lifetime exposure)

Respiratory/Olfactory

Traffic, Environmental Tobacco Smoke (ETS), criteria pollutants, Air Toxics*, AQI**, asthma data

Traffic, ETS, criteria pollutants, Air Toxics, AQI, asthma hospitalization data

Developmental/Reproductive/Endocrine/Fetotoxicity Air Toxics, SMRSE site**** Air Toxics, drinking water***, SMRSE site

Hematological (e.g. Hematopoietic, blood,

lymphsystem, immune system) Air Toxics Air Toxics

Neurological (e.g. central nervous system) Air Toxics

Air Toxics, mercury in fish, drinking water, SMRSE site, blood lead

Eyes (irritant) Traffic, Air Toxics, AQI Traffic, Air Toxics, AQI

Alimentary (e.g. digestive) Air Toxics, drinking water Air Toxics, drinking water

Bone & teeth Air Toxics Air Toxics, drinking water, blood lead

CardiovascularTraffic, Air Toxics, AQI, ETS,

criteria pollutantsTraffic, Air Toxics, AQI, SMRSE site, ETS, criteria

pollutants

Kidney (e.g. renal) Air Toxics Air Toxics, drinking water

Hepatic (e.g. liver) Air Toxics Air Toxics, drinking water

Cancer Not ApplicableETS, traffic, criteria pollutants, Air Toxics*, AQI,

drinking water, SMRSE site, blood lead

•Discuss each human health endpoint result in context with information including that in the Reference Document

Good 0-50Moderate 51-100

Unhealthy for Sensitive Groups 101-150Unhealthy 151-200

Very Unhealthy 201-300

Asthma Emergency Department Visits(Rate per 10,000 residents)

Asthma Hospitalizations(Rate per 10,000 residents)

Zip Code Children (0-17 years) Adults Children (0-17 years) Adults55404 301.7 108.1 43.4 21.255407 229.5 56 33.0 17.0

Minnesota 55.7 22.6 12.0 7.1

95th% Upper Confidence Limit of the Mean (mg/g)

Subsistence Fisher Non Cancer Hazard Index (approximately 2 pounds a week for approximately 30 years)

Recreational Fisher Non Cancer Hazard Index (approximately one half pound a week for approximately 30 years)

Mercury 0.43 9 2Polychlorinated Biphenyls 0.72 < risk driver levels** < risk driver levelsCadmium* 0.007 < risk driver levels

Zip CodeTotal

Children Tested

Total Elevated

Blood Lead Levels (>10

ug/dL)

Percent Elevated

Blood Lead Levels (>10

ug/dL)

55404 905 16 1.8%

55407 1608 70 4.4%

55408 848 22 2.6%

55454 273 6 2.2%

Total Area 3634 114 3.1%

St. Paul 8323 202 2.4%

Minneapolis 10741 229 2.1%

Total State 96218 939 1.0%

What’s In My Neighborhood?http://www.pca.state.mn.us/wimn/index.cfm

•Other potential sources of exposure to be identified.

Pollutant HQ/cancer risk % of total project contribution

Exposure Duration Endpoints or physiological system (cancer is summed as one health endpoint)

NO2 0.5 (non-cancer) 20% Acute respiratory

formaldehyde 0.7 85% Non-cancer, chronic respiratory

Acute (hourly exposure) Chronic (lifetime exposure)

Respiratory/Olfactory

Traffic, Environmental Tobacco Smoke (ETS), criteria pollutants, Air Toxics*, AQI**, asthma data

Traffic, ETS, criteria pollutants, Air Toxics, AQI, asthma hospitalization data

Developmental/Reproductive/Endocrine/Fetotoxicity Air Toxics, SMRSE site**** Air Toxics, drinking water***, SMRSE site

Hematological (e.g. Hematopoietic, blood,

lymphsystem, immune system) Air Toxics Air Toxics

Neurological (e.g. central nervous system) Air Toxics

Air Toxics, mercury in fish, drinking water, SMRSE site, blood lead

Eyes (irritant) Traffic, Air Toxics, AQI Traffic, Air Toxics, AQI

Alimentary (e.g. digestive) Air Toxics, drinking water Air Toxics, drinking water

Bone & teeth Air Toxics Air Toxics, drinking water, blood lead

CardiovascularTraffic, Air Toxics, AQI, ETS,

criteria pollutantsTraffic, Air Toxics, AQI, SMRSE site, ETS, criteria

pollutants

Kidney (e.g. renal) Air Toxics Air Toxics, drinking water

Hepatic (e.g. liver) Air Toxics Air Toxics, drinking water

Cancer Not ApplicableETS, traffic, criteria pollutants, Air Toxics*, AQI,

drinking water, SMRSE site, blood lead

Pollutant HQ/cancer risk % of total project contribution

Exposure Duration Endpoints or physiological system (cancer is summed as one health endpoint)

NO2 0.5 (non-cancer) 20% Acute respiratory

•Ambient Air measurements for acute hazard indices for this area are approximately 0.7. Risk drivers were NO2 and formaldehyde.•Modeling of all air emissions show respiratory risks driven by mobile and area sources•Light VMT Density is 416611 vehicle miles/m2, 74594 vehicles/m2 statewide average, 163960 vehicles/m2 Hennepin County average•approximately 5 unhealthy AQI days for sensitive groups, 165 moderate and 195 good days.•asthma emergency room visits for children in this area were 300 per 10,000 residents, compared to 56 per 10,1000 residents statewide.•The area of impact includes two other facilities. Facility 1 had a release of diesel in 1991 but has since had a complete closure due to remediation. Facility 2 is an area source with air emissions that are included in MNRiskS modeling.•Environmental Tobacco Smoke has potential to be higher than other areas of Hennepin County based on SHAPE data books.

• From Top Down

To

• Participatory Community Based Risk Assessment

Community FeedbackProcess Development

• Public meetings

• Technical check-in

Individual Facilities

• Public meet when we get app

• Public meeting for permit

• Written info in several languages

• Conclude Phase 1 – internal draft & discussion– Completed

• Initiate Phase 2 – Apply process, Gather input & feedback externally – Apply if application/settlement reached on facility

– At same time – present to others • Technical check-ins

• larger community meeting (early June)

– Continue to revise and adjust based on input