The Irvine City Council will need to make tough decisions as the city works to define its approach to removing a troublesome and odorous asphalt manufacturing plant in Orchard Hills. 

Originally slated to discuss the status of relocation in regards to the All American Asphalt plant during the Irvine City Council meeting on September 27, the item was pushed to a later meeting at the request of Council member Mike Carroll, due to time constraints, due to the Great Park meeting that lasted more than five hours. 

Prior to its continuance, the council was set to address developments within a settlement agreement with the asphalt manufacturing facility stemming from a 2020 public nuisance lawsuit. Part of the agreement would provide a process in which relocation and closure of the plant can be achieved.   

The report read: 

“The settlement agreement is being developed in light of the fact that the city in 2020 filed a lawsuit against AAA, alleging that odors and emissions emanating from the plant constituted a public nuisance under the Irvine Municipal Code and the California Civil Code Subsequent to the filing, and in an effort to expedite near term community protections and relocation of the facility, the City Council directed staff to pursue a settlement agreement with AAA. Staff has worked closely with ownership representatives from the company to craft an agreement that represents the interests of the City. The two parties are now finalizing the agreement which staff plans to bring back shortly for City Council consideration. Key terms of the agreement include:

-Responsibility and timeline for site identification;

-Funding and key milestone dates for plant closure and relocation;

-Interim monitoring of plant emissions prior to relocation;

-Protecting the City’s legal rights in the dispute.” 

Now, the council will opt to discuss the options city staff have analyzed over the last few months at its next meeting on October 11. Another specific aspect of discussion will be the condemnation of All American Asphalt from the city.  

During the council meeting on Tuesday, Sept. 13, Irvine Council member Larry Agran presented the aspect of condemning the facility. While Agran’s suggestion was not seconded, the issue was continued to the following meeting. 

Outlined within the September 27 agenda, the aspect of condemnation requires several key factors, including identifying a public interest, preventing the least private injury and and proving that acquiring the private property is necessary in ensuring these goals. 

“At this point, given the options available to the city to address the ongoing AAA concerns, direction from the City Council is needed to identify if pursuing a settlement agreement process is the preferred course of action, or if staff should pause settlement conversations to pursue condemnation proceedings,” the agenda report read.

In a phone call with Irvine Weekly on October 4, Agran spoke about his perspective regarding the condemnation of the plant, which he views as the most effective way to end what he referred to as an “ongoing public health emergency.”

“The surest and quickest route to that kind of shutdown and removal is a condemnation proceeding, which publicly and privately we’ve been advised could be concluded in as little as six to nine months’ time,” he said. “It’s a very strong measure, but of course, we’re looking at a public health emergency, and I can’t speak for the other council members, but, in my judgment, it’s imperative that the facility be shut down as quickly as possible.” 

Irvine Mayor Farrah Khan replied, “No comment” in a 12:53 a.m. text message to Irvine Weekly’s question regarding her views on condemnation of the facility. 

On September 23, the South Coast Air Quality Management District held a virtual meeting with the Irvine community to inform residents of new findings and to review findings from its recent Health Risk Assessment, which was published on August 19. 

During the meeting, held via Zoom, AQMD addressed the aspect of Title V permitting, which AAA will be required to present. The classification of Title V applies to “major source” facilities that “emit, or has the potential to emit any criteria pollutant or hazardous air pollutant at levels equal to or greater than the Major Source Thresholds,” according to an AQMD PowerPoint presentation.

While it is unclear what specific date the AAA facility was recognized as a Title V facility, it will need to present specific permitting no later than 180 days after becoming subject to Title V.

Previously, the facility carried 18 “minor source” permits – for equipment that included crushers, dry filter conveyors, storage silos and other manufacturing equipment associated with crumb rubber asphalt production.  

In its Title V permit process, AAA will be limited to its existing equipment, must not make changes to output, must not have an increase in emissions and must not add new processes or air pollution control equipment to its facility, according to AQMD. 

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