All American Asphalt

Summary Air Monitoring Programs Public Meetings City Litigation Correspondence Review of AAA's Title V Permit

City Acquisition of All American Asphalt (AAA) Facility 

During a special City Council meeting April 11, 2023, the Irvine City Council approved an agreement to purchase and decommission the All American Asphalt plant and create the Gateway Preserve. The following schedule outlines the timeline for the City's acquisition and closure of the AAA Facility to create the Gateway Preserve:

Early June 2023
  • The City opened escrow on the plant purchase; all relevant contract documents related to the purchase of AAA facility are finalized and executed.
  • City obtains pricing on the lease revenue bonds and secures a borrowing rate.
June 14-15, 2023
  • City receives bond funds June 14.
  • City deposits $28.5 million into escrow June 15 per the terms of purchase and sale agreement with AAA.
November 15, 2023
February 2024
  • The City will deposit the final $28.5 million into escrow to complete the purchase of the AAA facility. (This date has possible extensions based on timing of AAA to remove items from the site.)

For more information about Gateway Preserve, visit our website
 


The information below summarizes the City's involvement with All American Asphalt plant prior to the agreement to purchase the plant for creation of the Gateway Preserve. 

Review of AAA's Title V Permit

AAA's Proposed Title V Permit and Statement of Basis were:

  • Sent to USEPA for a 45-day review period (starting September 27, 2022)
  • Released for a public review and comment period of at least 30-days (from September 28, 2022 to October 28, 2022)

The public may request a Proposed Permit Hearing by submitting Form 500-G (Hearing Request Form) by October 13, 2022

Requests for additional information, requests for Public Hearing, or comments should be sent to:

Jillian Wong, Ph.D., Engineering & Permitting
South Coast AQMD
21865 Copley Drive, Diamond Bar, CA 91765
Or via email to: jwong1@aqmd.gov

AQMD Releases Health Risk Analysis for All American Asphalt

South Coast Air Quality Management District (AQMD) conditionally approved a Health Risk Assessment (HRA) for All American Asphalt August 19, 2022. All American Asphalt was required to submit the HRA based on the approved Air Toxics Inventory Report, which was submitted February 1, 2022. The approval letter and details of the HRA can be found at the links below.

All American Asphalt HRA approval letter from AQMD

Health Risk Assessment Findings

Summary

AQMD/City of Irvine Fact Sheet

South Coast AQMD and the City of Irvine completed a joint fact sheet in 2021 summarizing the results of air monitoring efforts that have been completed by multiple parties over the course of a year and associated health impacts. Click on the fact sheet image for more detailed information.

 

All American Asphalt Inc. operates an asphalt batch plant at 10671 Jeffrey Road in the North Irvine area which has been at the center of numerous odor complaints by residents and others in the area in recent years. The plant has been in place since the early 1990s and was approved by the County of Orange, prior to the land being incorporated into the City of Irvine. 

Regulation of industrial emissions and odors lies with an agency called the South Coast Air Quality Management District (AQMD).  The City has worked hard to hold AQMD accountable and bring enforcement actions at the plant to eliminate odor and identify and eliminate any potentially harmful emissions.  As a result of the attention drawn to the plant by the City and concerned residents, AQMD has issued several citations for violations at the plant which have resulted in the installation and testing of new mitigation equipment.  AQMD also instituted an air monitoring program to help identify the source of odors and the presence of any other potentially harmful emissions from the plant.  A summary of the actions taken by AQMD, the status of plant permitting, and the results of its air monitoring program can be found on the AQMD website here.

While enforcement responsibility lies with AQMD, and the City does not have the power to immediately close the plant or eliminate the odor, the City has initiated independent efforts to help identify potential risks due to plant emissions and protect public health. These efforts include an independent air monitoring program at the plant site and within the nearby community as well as an audit of the plant to ensure the facility is built and operating consistently with all appropriate permits. The City has also filed a lawsuit on behalf of residents, against All American Asphalt aimed at eliminating public nuisance. Included below are links to relevant information and resources regarding the All American Asphalt plant.

Should you experience asphalt odors in the area of the plant, we encourage you to register your complaint with AQMD at:

MAP

This link provides a map showing the All American Asphalt Plant and the immediate vicinity.  The map provides the names of nearby neighborhoods and major streets, for reference, as well as the underlying zoning designations for the area.

TIMELINE

This link provides a timeline of relevant operating and approval milestones for the All American Asphalt Plant.

DISCLOSURE

A Seller Disclosure is a notification provided by a home seller to a home buyer that outlines known issues with a property or other historical details.  Available at this link is the Seller Disclosure currently provided by the Irvine Company to nearby homebuyers related to the All American Asphalt Plant. 

Air Monitoring Programs

City of Irvine Air Monitoring Program

Air Toxics Study and Health Risk Assessment
The City’s consultant, Yorke Engineering, completed an Air Toxics Study and Health Risk Assessment related to their air monitoring work near the All American Asphalt facility in Irvine. The report summarizes Yorke’s evaluation of health impacts based on the air monitoring they did in the community earlier this year and available data about plant emissions from AQMD. The report indicates that, based on the data available, health risks were within acceptable standards and consistent with background levels for the area and region. Also included with the report is a peer review of the report by AQMD. The agency notes that the study is based on limited data making it difficult to attribute emissions to the plant or to other sources. AQMD notes that it will require more comprehensive testing of the facility over time which will provide better estimates of health impacts attributable to the plant.

The Yorke Air Toxics Study / Health Risk Assessment and the AQMD Peer Review is available at the link here.

From November 2020 through January 2021, the City of Irvine commissioned an air monitoring program through a third-party firm, Yorke Engineering. The program included 24-hour air samples taken at four separate locations; on-site at the All American Asphalt plant, just outside the plant, and at two locations in the community. The air was tested for over 100 individual chemical compounds known to be potential emissions from the asphalt production process. 

A summary of the findings, as well as the detailed lab reports for the City’s air sampling program, can be found at this link. The results of the testing show that the chemicals in the air are within typical regional background levels as reported in studies conducted by the AQMD.  Results from the City’s air monitoring program showed concentrations that are less than all published health-based reference exposure levels developed by the California Office of Environmental Health and Hazard Assessment (OEHHA). The reference levels developed by OEHHA are used by agencies and health risk managers to evaluate the hazard associated with exposure to a specific chemical contaminant and the impact it has on target organs in the human body.

City Council Designates Money for New Testing
At its October 26, 2021 meeting, the Irvine City Council designated $200,000 in funding from the American Rescue Plan Act for additional air monitoring equipment in the area of the All American Asphalt. Additional updates on timing and methodology will provided when information is available.

AQMD Air Monitoring Program

In response to community concerns, AQMD began an air sampling program in December 2020 in the North Irvine area near the All American Asphalt plant. This link to the AQMD webpage provides a summary of the program and the results of the air sampling.  A summary of the findings from the AQMD sampling program is included below;

“Based on the data our scientists have collected and analyzed thus far, we do not have evidence to conclude that there are elevated air toxics levels that would cause a health threat to the residents of the community near the facility. The monitoring data provides information about the overall levels of air pollution in the community. The sampling data that we have thus far have shown relatively typical (“background”) levels of toxic air pollution in the community.
 

AQMD issues Notices of Violation to All American Asphalt
On January 14 and 18, 2022, the South Coast Air Quality Management District (AQMD) issued notices of violation (NOVs) to All American Asphalt for causing a public nuisance. More information regarding these violations is available on the AQMD website at aqmd.gov/home/news- events/community-investigations/all-american-asphalt/compliance-enforcement.

AQMD Evaluation of UCI Sensors

AQMD recently completed testing on equipment supplied by the June Wu research group at UCI, and used by members of the community to evaluate air quality near the All American Asphalt plant. The equipment, called Atmotube Pro sensors, measures total volatile organic compounds (VOCs) which are man-made chemicals often produced as an industrial byproduct. Readings from these sensors have led to concerns in the community of more significant health impacts than the data produced by the air monitoring equipment of either the Air Quality Management District (AQMD) or the City’s consultant.  A summary of AQMD’s testing on the sensors is included below.  A more detailed overview along with a technical report summarizing the testing is provided on the AQMD website here.

“All Atmotube Pro sensors were run side-by-side with a more expensive and reliable 'reference' instrument to assess performance. Testing results indicate that VOC concentrations measured by the Atmotube Pro sensors did not correlate with measurements recorded by the “reference” instrument. The sensors overestimated VOC concentrations and reported high levels of VOCs when concentrations were low, suggesting levels measured in the Irvine community were not accurate or precise, and were biased high. The testing results suggest the sensor devices should have been tested and calibrated prior to field deployment.” – AQMD

Letter from UCI Professor June Wu regarding AQMD testing of Sensor Equipment

Public Meetings

The City held a public meeting to discuss the All American Asphalt plant, to which Scientists from the South Coast Air Quality Management District (AQMD), UCI, and Yorke Engineering (City-retained expert) were invited to discuss the results of air monitoring activities conducted over the last year. Members of the community also spoke about their experiences with the plant. Although testing by AQMD indicates that community air quality is consistent with background levels throughout the region, the City Council directed several specific actions to address public complaints:

  • Evaluate the use of restricted truck routes and parking, as well as truck covering mandates to improve safety and limit odors within neighborhoods in north Irvine.
  • Work with state legislators to craft policy to give the City more local control.
  • Require disclosure notices about the All American Asphalt plant for all homebuyers and renters in the immediate area.
  • Explore relocation options if other remedies do not result in resolution.

AQMD has held two public meetings regarding the situation with the All American Asphalt plant. This link to the AQMD website provides the presentations that were given at the meeting by experts from AQMD, the City’s consultant, Yorke Engineering, and from two different academic research groups from the University of California, Irvine. The site also includes archived videos from both meetings.

City Litigation

In July 2020, the City of Irvine filed a public nuisance lawsuit on behalf of residents against All American Asphalt. More information about this litigation can be found at the links below:

City COMPLAINT FOR PUBLIC NUISANCE ABATEMENT

ALL AMERICAN ASPHALT RESPONSE TO CITY'S COMPLAINT

Correspondence

The links below provide access to a variety of correspondence related to the All American Asphalt plant:

  • October 15, 2020 letter from Irvine City Council to residents regarding City efforts at All American Asphalt 
  • October 30, 2020 letter from All American Asphalt to residents
  • November 17, 2020 letter from Irvine City Council to AQMD Chairman and Board Members regarding emissions from All American Asphalt and Bowerman Landfill
  • November 24, 2020 letter from AQMD to Irvine City Council regarding efforts at All American Asphalt and Bowerman Landfill (View the letter in Mandarin here)
  • December 2, 2020 letter from Irvine City Council to UC Irvine regarding university involvement in the public nuisance at All American Asphalt
  • January 8, 2021 correspondence between Dean Baker and Irvine Mayor and City Council regarding appointment of expert panel and work being conducted by City and AQMD
  • January 13, 2021 letter from UC Irvine to Irvine City Council regarding university involvement in the public nuisance at All American Asphalt
  • January 19, 2021 letter from Mayor Khan to AQMD Chairman and Board Members requesting a public meeting
  • February 5, 2021 letter from AQMD to Mayor Kahn regarding AQMD efforts at All American Asphalt
  • February 8, 2021 letter from All American Asphalt to Irvine City Council in response to an article in the Voice of OC
  • May 13, 2021 letter from All American Asphalt to City of Irvine staff and Councilmembers related to the Granulated Activated Carbon Unit. 
  • November 5, 2021 letter from AQMD to All American Asphalt. 
  • November 8, 2021 letter from Irvine City Council to Senator Dave Min regarding legislative options.
  • November 30, 2021 letter from Senator Dave Min to Irvine City Council.