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CFRW Capitol Update May 6, 2024

Pollution in California

Sacramento Bee – BY ANGELA RODRIGUEZ AND SARAH LINN UPDATED APRIL 26, 2024 2:04 PM

Six (6) California metro areas are among most polluted in U.S., American Lung Association says.

Each year, the association issues report cards for all U.S. cities and counties where air quality data is collected on ozone and particle pollution.  Data on ozone and short-term particle pollution at locations across the country came from the U.S. Environmental Protection Agency’s Air Quality System, as did data on year-round particle pollution by county.
 

WHICH US CITIES HAVE THE WORST OZONE POLLUTION?

Here are the top 10 most polluted metropolitan areas in the United States in terms of ozone, according to the American Lung Association:

  1. Los Angeles-Long Beach
  2. Visalia
  3. Bakersfield
  4. Fresno-Madrid-Hanford
  5. Phoenix-Mesa, Arizona
  6. Denver-Aurora, Colorado
  7. Sacramento-Roseville
  8. San Diego-Chula Vista-Carlsbad
  9. Salt Lake City-Provo-Orem, Utah
  10. Houston-The Woodlands, Texas

DID YOUR CITY MAKE THE LIST?

Los Angeles-Long Beach area topped the list of spots with the most high ozone days. It had an annual average of about 175 high ozone days from 2020 to 2022. With an annual average of 103 high ozone days, Visalia was the second-most polluted area nationwide. Visalia also ranked No. 2 in terms of the worst year-round particle pollution. Bakersfield was the third most polluted metro in the United States, with 88 high ozone days per year on average.
 

Particle Pollution:

Here’s how the association ranked California’s cities:

  1. Bakersfield
  2. Visalia
  3. Fresno-Madera-Hanford
  4. Eugene-Springfield, Oregon
  5. San Jose-San Francisco-Oakland
  6. Los Angeles-Long Beach
  7. Sacramento-Roseville
  8. Medford-Grants Pass, Oregon
  9. Phoenix-Mesa, Arizona
  10. Fairbanks, Alaska
PollutantExamples of Sources
Particulate matter
 
  • Cars and trucks (especially diesels)
  • Fireplaces, woodstoves
  • Windblown dust from roadways, agriculture and construction
Ozone (O3)
  • Precursor sources1
  • motor vehicles, industrial emissions, and consumer products
Carbon Monoxide (CO)
  • Any source that burns fuel such as cars, trucks, construction and farming equipment, and residential heaters and stoves
Nitrogen Dioxide (NO2)
  • See carbon monoxide sources
Toxic Air
 contaminants
  • Cars and trucks (especially diesels)
  • Industrial sources, such as chrome platers
  • Neighborhood businesses, such as dry cleaners and service stations
  • Building materials and products

WHAT IS CALIFORNIA LEGISLATION DOING ABOUT THIS?

AB-2851 Metal shredding facilities: fence-line air quality monitoring 

04/23/24From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 22). Re-referred to Com. on APPR.
04/10/24From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 5. Noes 2.) (April 9). Re-referred to Com. on NAT. RES.
04/08/24Re-referred to Com. on E.S. & T.M.
04/04/24From committee chair, with author’s amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
04/01/24Re-referred to Com. on E.S. & T.M.
03/21/24From committee chair, with author’s amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
03/21/24Referred to Coms. on E.S. & T.M. and NAT. RES.
02/16/24From printer. May be heard in committee March 17.
02/15/24Read first time. To print.

AB 2851, as amended, Bonta. Metal shredding facilities: fence-line air quality monitoring.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

Existing law defines a “fence-line monitoring system,” for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.

Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling. Existing law authorizes the department to collect an annual fee from all metal shredding facilities that are subject to the requirements of the hazardous waste control laws, and to deposit those fees into a subaccount in the Hazardous Waste Control Account. Existing law makes those moneys available to the department, upon appropriation by the Legislature, to reimburse the department’s costs to implement the hazardous waste control laws applicable to metal shredder facilities.

This bill would require, on or before July 1, 2025, the department, in consultation with the state board and affected local air pollution control and air quality management districts, to develop standards requirements for facilitywide fenceline air quality monitoring at metal shredding facilities. The bill would require the standards to require monitoring of specified substances, such as lead and zinc. facilities. Those requirements would include, among other things, monitoring light fibrous material, lead, zinc, cadmium, and any other substance required to be monitored by the department, and a requirement that, if the monitoring indicates a potential adverse impact on air quality or public health, the local public health department issue a community notification, as provided.  The bill would also require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction, as provided, and to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. all metal shredding facilities that are subject to the hazardous waste control laws to implement the fenceline air quality monitoring requirements. The bill would require the department to ensure the successful oversee and enforce the implementation of those the fenceline air quality monitoring standards requirements on or before December 31, 2025. The bill would also authorize any regulatory costs incurred by the department in implementing the bill’s requirements to be reimbursed from the subaccount in the Hazardous Waste Control Account. By imposing new duties on local public health departments, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

AB-1216 Wastewater treatment plants: monitoring of air pollutants.
 
10/10/23Chaptered by Secretary of State – Chapter 675, Statutes of 2023.
10/10/23Approved by the Governor.
09/14/23Enrolled and presented to the Governor at 4:30 p.m.
09/07/23Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 16. Page 3048.).
 

AB 1216, Muratsuchi. Wastewater treatment plants: monitoring of air pollutants. 

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided. 

This bill would require, on or before January 1, 2027, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system approved by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, as provided, emitted into the atmosphere that the appropriate air quality management district deems appropriate for monitoring. The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater treatment facility to not exceed limits for nitrogen oxides and volatile organic compounds emitted into the atmosphere established in existing air quality regulations, as provided, and would require source testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air quality management district. 

This bill would require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data for at least 3 years, and to transmit that data to the appropriate air quality management district. The bill would require the air quality management district to maintain records of data from a wastewater treatment-related fence-line monitoring system for at least 3 years. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public in a publicly accessible format that provides a real-time data display. 

This bill also would require the owner or operator of a wastewater treatment facility to be responsible for specified costs related to the wastewater treatment-related fence-line monitoring system, including all costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, and the costs associated with providing the required data to the air quality management district and the public. 

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program. 

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 

This bill would provide that no reimbursement is required by this act for specified reasons. 

 

AB-1857 State Air Resources Board: air quality regulation: valleys.

AB 1857, as introduced, Jackson. State Air Resources Board: air quality regulation: valleys.
 
04/10/24In committee: Set, first hearing. Referred to suspense file.
03/20/24From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (March 19). Re-referred to Com. on APPR.
01/29/24Referred to Com. on NAT. RES.
01/19/24From printer. May be heard in committee February 18.
01/18/24Read first time. To print.
 
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

This bill would require the state board to adopt regulations to improve air quality in population centers located in valleys and would require each local air district to implement those regulations with regard to stationary sources located within its jurisdiction. The bill would make those requirements inoperative on January 1, 2029, and would require the state board, on or before January 1, 2030, to submit a report to the Legislature and specified committees of the Legislature describing any air quality improvements resulting from those regulations.

By adding to the duties of local air districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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