California Seeks New Tools to Combat Pollution as Federal Rules Rollback

California aims to use indirect source rules to hold ports and warehouses accountable for pollution, advancing electrification.
California proposes new air quality powers amid Trump rollbacks

California’s New Path to Combat Pollution: A Focus on Indirect Source Rules

As online shopping continues to surge, the unseen environmental cost of delivering packages becomes increasingly significant. The journey of these packages often involves a network of ports, railyards, and warehouses, each contributing to the pollution burden with diesel exhaust. This has propelled California into action, seeking innovative ways to tackle air pollution amid federal regulatory rollbacks.

California’s authority to enforce electric vehicle mandates and regulate greenhouse gas emissions has been challenged by federal decisions. In response, Assembly Bill 1777, championed by Democrat Robert Garcia from San Bernardino County, proposes empowering state air regulators to hold logistic hubs accountable for pollution through the indirect source rule.

Understanding Indirect Source Rules

Indirect source rules are designed to address pollution generated by facilities rather than the vehicles that serve them. This regulatory approach, while promising, faces legal uncertainties. Historically, similar rules have been contested in courts, although rulings have favored regulatory bodies, reinforcing their legitimacy.

Legal Challenges and Industry Concerns

Business groups argue that ports and warehouses should not be liable for emissions from independent trucks and trains. This debate has been a focal point in legal battles spanning decades. Notably, the San Joaquin Valley Air District’s 2005 rule faced lawsuits from the National Association of Home Builders, yet the courts upheld the air district’s authority.

Recently, the California Trucking Association challenged a warehouse regulation by the South Coast Air Quality Management District, mirroring past legal arguments. Despite these challenges, air regulators continue to pursue indirect source rules as a tool for emissions reduction.

“The Clean Air Act is pretty clear that mobile source emission standards are the exclusive providence of the federal EPA,” Chris Shimoda of the California Trucking Association stated, emphasizing the ongoing debate over regulatory boundaries.

Southern California’s Experiment

The WAIRE program, implemented by the South Coast Air Quality Management District, provides a glimpse into the potential impact of indirect source rules. Warehouses exceeding 100,000 square feet must earn points through pollution-reducing actions, such as using electric trucks or installing charging infrastructure.

Data from the district indicates significant progress, with warehouses acquiring over 1,400 zero-emission vehicles. However, business groups warn of hidden costs, asserting that such regulations may stifle warehouse development due to increased operational expenses.

Addressing Broader Environmental Goals

The broader implication of California’s legislative efforts is a step toward widespread electrification. While indirect source rules alone cannot fill the regulatory gap left by federal rollbacks, they are part of a multifaceted strategy to improve air quality and promote sustainable practices.

Will Barrett from the American Lung Association highlights the public health stakes, citing projections of increased health complications due to diminished state programs. The push for indirect source rules is seen as laying the groundwork for future electrification, with other states like Illinois considering similar measures.

“One thing that the states can do while we’re in the current political landscape is to help to build those foundations for future freight electrification through indirect source rules,” said Sam Wilson of the Union of Concerned Scientists.

Original Story at calmatters.org