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Clean Air Connections - Federal Legislation

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Overview

The South Coast Air Basin has the worst air quality in the nation. This is primarily a result of pollution emitted by mobile sources such as cars, trucks, buses, trains, planes, ships, and off-road construction equipment and support vehicles.  Since our region has the busiest port complex in the nation (the Ports of Los Angeles and Long Beach), as well as numerous airports, railyards, and cars, trucks and buses in operation, mobile sources generate more than 80% of our region’s air pollution.

The U.S. Environmental Protection Agency (EPA), pursuant to the federal Clean Air Act, has established federal health standards (known as national ambient air quality standards or NAAQS), which are the maximum concentration allowed for various pollutants in the air, such as ozone and fine particulate matter (PM 2.5). Deadlines to attain these standards are fast approaching, and if our region does not reduce pollutant levels sufficiently to meet the standards given by federal deadlines, then our region could face significant penalties such as the loss of billions of dollars in federal transportation funding.

However, since the majority of mobile sources are primarily regulated at the state and federal levels, our region cannot meet these federal standards unless we get help from Congress, EPA, and the California Air Resources Board. The South Coast Air Quality Management District (AQMD) is actively engaged in Federal legislative advocacy to make sure government at all levels is doing its part to help our region breathe easier.

2011 Federal Goals & Objectives

2011 Federal Legislative Goals The Governing Board adopted its Federal Legislative Goals Objectives to guide the District’s legislative activity in 2011. For more information, please follow the link below:


Key Issue Areas for 2011
The following are the key federal legislative areas in which AQMD is engaged:
 
Climate Change Clean Air Act Section 185 Requirements - Section 185 of the

Federal Clean Air Act (CAA) requires areas that are designated as “Severe or Extreme Nonattainment of the National Ambient Air Quality Quality standards (NAAQS) for Ozone” to develop a fee collection rule to be implemented in the event that an area fails to attain the ozone standards by the required attainment date.

Section 185 places an unfair financial burden upon major stationary sources of air pollution operating within the South Coast Air Basin, an extreme ozone nonattainment area, because stationary sources have reduced their emissions upwards of 90%.  By contrast, mobile sources (including motor vehicles, locomotives, ships, and off-road equipment) , the greatest contributors to air pollution in the South Coast Air Basin, have not reduced their fair share of emissions in order for this region to meet the federal standards.

AQMD is working with EPA to seek legislative or administrative clarification that would address potential inequities regarding Clean Air Act Section 185 fees for major stationary sources operating in areas that fail to attain the National Ambient Air Quality Standards for Ozone by stipulated deadlines, including alternative fee equivalent programs under EPA’s guidance.

Following the discussions with EPA, AQMD adopted Rule 317 to satisfy the requirements of Section 185 by establishing a fee equivalent approach as provided in Section 172 (e) of the Clean Air Act. The proposed rule establishes the framework for calculating Section 185 fees and debits that are credited against a fund (the fee equivalent fund program), that in turn is funded by federal, state and local programs that are surplus to the State Implementation Plan

     
Marine Vessel Emissions   Marine Vessel Emissions - Ships are a major source of smog and particulate-forming nitrogen oxides, and are major contributors to greenhouse gas emissions.They are also a major source of diesel particulate matter, which is considered a toxic air contaminant.  According to AQMD’s 2008 Multiple Air Toxics Exposure Study (MATES III), diesel particulate is identified as causing more than 80 percent of the total quantifiable cancer risk from air pollution in Southern California. Due to the lack of current regulations, ships are virtually the only source category in Southern California for which emissions are projected to increase in the future. Notwithstanding the more recently adopted International Maritime Organization’s (IMO) standards and EPA’s tighter restrictions on marine vessel emissions, these will likely fall far short of achieving the levels of emission reductions needed for the South Coast Air Basin to meet federal air quality standards. For 2011, AQMD plans to continue its ongoing efforts to obtain federal legislative or regulatory assistance in reducing the levels of emissions from marine vessels.
     
Surface Transporation   Surface Transportation - The current federal surface transportation authorization bill, known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), provides funding for highways, highway safety, and public transportation. As Congress begins to craft the new surface transportation authorization legislation, AQMD continues to work with Congress, and with other clean air agencies, transportation, business, environmental and community stakeholders, to ensure that any new authorization law expands clean air funding opportunities, includes provisions to reduce the air quality impact of mobile sources and promotes cleaner transportation technologies and fuels.
     

AQMD Surface Transportation Principles (PDF, 101 KB)

AQMD Goods Movement Principles (PDF, 96 KB)

Fact Sheet on Surface Transportation Legislation (PDF, 1.5 MB)

AQMD Proposals for inclusion in the next Surface Transportation Authorization law (PDF, 204 KB)

     
Locomotive Emissions   Locomotive Emissions Locomotive operations are one of the largest sources of air pollution in the South Coast Air Basin.  The NOx pollution emitted from railroad operations in the region exceeds the total emissions from 100 of the largest oil refineries, power plants, chemical plants and other industrial facilities combined. These emissions contribute to ozone and particulate levels that exceed federal health-based standards within the South Coast Air Basin and contribute to approximately 5,000 premature deaths per year, in addition to asthma, reduced lung function in children, and other serious health impacts.  Locomotives also emit toxic diesel particulates that contribute to significant cancer risks near railyards. In March 2008, the EPA adopted standards for locomotives, to reduce emissions from all types of diesel locomotives. While this rule will cut PM emissions from these engines by as much as 90 percent and NOx emissions by as much as 80 percent when fully implemented, it only applies to new engines.  Since locomotives are commonly in service for decades, and the rule does not affect existing locomotives, the majority of highly polluting engines will continue to pollute. AQMD will continue to seek ways to reduce locomotive emissions.
     
Technology Advancement  

Technology Advancement - To attain federal air quality standards, AQMD will need to cut emissions by over 75%.  Proposed tougher federal air quality standards for ozone and particulates, if adopted, would require even more reductions.  Increased federal funding would help facilitate the development and deployment of zero and near-zero emission energy generation and infrastructure to power clean transportation and other uses, thereby fostering energy security and improving air quality.

In 2011, the AQMD will seek and expand funding opportunities for advanced technologies and clean air programs for 1) clean energy sources, 2) implementation of the upcoming 2012 Air Quality Management Plan (AQMP), and 3) clean aviation technologies, including low-carbon fuels, clean engines, and clean fuels research and development.

     
Climate Change  

Climate Change - presents a significant public health and ecological threat. Therefore, this problem should be addressed in a comprehensive manner by federal, state and local agencies.  AQMD has been engaged at the federal level to ensure that any federal climate change legislation works in concert with, and does not preempt, the efforts of local agencies to regulate global warming pollutants or any other air pollutants.  Additionally, AQMD is also working to ensure that any new laws enacted will not result in a significant increase in criteria air pollutants or toxic air contaminants.  AQMD will continue to work to make sure that any federal legislative and regulatory actions regarding climate change address AQMD’s policy priorities relating to greenhouse gas reductions.

     
   
     
   
     
    AQMD Board Approved Policy Recommendations (PDF, 169 KB)



This page updated: August 18, 2011
URL: http://www.aqmd.gov/ej/CAC/federal_legislation.htm