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South Coast AQMD Launches New Enforcement Initiative to Address Noncompliant Warehouses

The South Coast AQMD has announced an enforcement initiative to bring warehouses into compliance with its Warehouse Indirect Source Rule (Rule 2305). About 55% of warehouses that are required to provide information reports on the actions they took in the first year have yet to do so. Overall, about 50% of warehouses are currently out of compliance. Violators of air quality rules can face civil penalties of up to $11,710 per day of noncompliance based on a strict liability standard.

In May 2021, the agency’s Governing Board passed the Warehouse Indirect Source Rule, which requires warehouses greater than 100,000 square feet to take actions to reduce nitrogen oxide (NOx) and diesel particulate matter (PM) emissions, or to otherwise limit exposures to air pollution in nearby communities.

Since 2021, South Coast AQMD has been identifying and reaching out to warehouses, providing them with information, training, and assistance to ensure compliance with the rule.

In September, the agency issued a compliance advisory to warehouse owners and operators advising them of rule requirements and deadlines. South Coast AQMD’s enforcement team is preparing to issue notices of violation that can result in daily penalties and further legal action. The agency will first focus on warehouses located in Environmental Justice communities.

Warehouses are a key destination for heavy-duty trucks and have other sources of emissions like cargo handling equipment, all of which contribute to local pollution. Emissions from sources associated with warehouses account for almost as much NOx emissions as all of the refineries, power plants, and other stationary sources in the South Coast Air Basin combined. Those living within a half mile of warehouses are more likely to include communities of color, have higher rates of asthma and heart attacks, and must endure a greater environmental burden. The rule is expected to reduce smog-forming emissions by 10-15 percent from warehouse-related sources.

The rule requires warehouse operators to earn a specified number of points annually by completing actions including acquiring and using natural gas near-zero and/or zero-emission on-road trucks, zero-emission cargo handling equipment, solar panels, or zero-emission charging and fueling infrastructure. Warehouse operators or owners can alternatively prepare and implement a custom plan specific to their site or choose to pay a mitigation fee. Mitigation fees will be used to purchase cleaner trucks and charging/fueling infrastructure in communities near the warehouse that paid the fee.

For more information visit the WAIRE Program webpage.

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South Coast Air Quality Management District

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