EPA Considers Federal Enforcement of Region-Wide Warehouse Pollution Rule – A Step Towards Environmental Protection

The U.S. Environmental Protection Agency’s Pacific Southwest Division is currently reviewing a new air pollution rule proposed by the Southland’s air quality watchdog. The rule aims to establish a regulatory program specifically targeting emissions from warehouses and truck traffic. If approved, this regional rule will become federally enforceable, according to an announcement made by the federal agency on October 12th.

Approved by the South Coast Air Quality Management District (AQMD), the new rule consists of two parts: Rule 2035, which establishes the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program, and Rule 316, which regulates the administrative fees associated with complying with the WAIRE Program. These fees will be collected from warehouses in order to fund the implementation of the program.

The WAIRE Program, as explained on the AQMD’s website, offers incentives to warehouses that are larger than 100,000 square feet to offset the air pollution emissions they generate during their operations. These incentives are provided in the form of WAIRE points, which can be earned by warehouses through actions such as investing in zero or near-zero emission technologies, using solar power, installing charging or fueling infrastructure for zero emission vehicles, or implementing filtration systems in certain buildings like schools.

Los Angeles and Long Beach have long struggled with high levels of ozone pollution. A major contributing factor to this problem is the region’s ground-level traffic, industrial operations, and ports. The transportation sector, including constant vehicle traffic on freeways, in the ports, and in the skies, is a significant source of ground-level smog and ozone-layer depletion. However, warehouses also play a significant role, especially due to the truck traffic they attract.

The truck traffic associated with warehouses results in the production of pollutants like nitrogen oxides (NOx) and particulate matter, which can have detrimental effects on human health. Furthermore, communities near freeways, refineries, and other industrial facilities, which have historically been low-income and communities of color, bear the brunt of these pollutants and experience worse health outcomes as a result.

The WAIRE Program is currently in the implementation process, as outlined in the AQMD’s inaugural report. The report, published in January, indicates that the AQMD has primarily focused on reaching out to warehouse owners and developing an online portal to administer the program during the first year of implementation. According to the AQMD, qualifying warehouses are required to enroll in the WAIRE Program by January 31, 2025.

The EPA will review the AQMD’s rules and determine whether to include them in the State Implementation Plan, making them federally enforceable. Martha Guzman, the EPA Pacific Southwest regional administrator, emphasizes the importance of this rule in protecting Californians, particularly Black and Brown communities that bear a disproportionate burden of air pollution. The EPA is accepting public comments on the proposal until November 13th, and individuals can submit their comments online at tinyurl.com/EPApubliccomments.

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