Air Pollution Control: California's District Determinants

California's air pollution control districts are governed by a five-member Board of Directors, with each member being a County Supervisor. The Air Pollution Control Officer, who is appointed by the Board, acts as the Executive Director of the District. The California Air Pollution Control District Act of 1947 allowed the formation of air pollution districts with one or more counties. These districts are responsible for air quality management, including air monitoring, permitting, enforcement, and regulatory development, with oversight from the California Air Resources Board (CARB) and EPA Region 9 to ensure compliance with federal requirements.

The California Air Pollution Control District Act of 1947

The Act provided a framework for local districts to take the lead in managing air quality. It recognised that pollution did not respect political boundaries, and so a multi-county approach was often necessary for effective pollution control. The Act enabled the establishment of dedicated agencies, such as the Los Angeles County Air Pollution Control District, formed in 1947 as the first of its kind in the nation.

The districts created under this Act were responsible for implementing and enforcing rules and regulations to improve and maintain air quality. This included monitoring, permitting, enforcement, long-range planning, regulatory development, education, and public information activities related to air quality. The California Clean Air Act and the Federal Clean Air Act further strengthened the powers and responsibilities of these districts.

The history of California's air quality issues and its efforts to address them is a long one. As early as 1943, Los Angeles experienced severe smog, with visibility reduced to just three blocks. This prompted the state to form a Bureau of Air Sanitation within the California Department of Public Health, tasked with establishing air quality standards and controlling motor vehicle emissions, which were identified as a major contributor to air pollution.

Over the years, California has continued to build on this foundation, developing innovative strategies to reduce air pollution from vehicles and industrial sources. The California Air Resources Board (CARB), formed through the merger of the Bureau of Air Sanitation and the California Motor Vehicle Pollution Control Board, has played a pivotal role in this regard. CARB has implemented nation-leading standards for automobile emissions, cleaner-burning gasoline, and diesel fuel, contributing to California having the cleanest cars and fuel in the world during the 1980s and 1990s.

The California Clean Air Act

California has been at the forefront of air quality management for decades. The California Clean Air Act, enacted in tandem with the Federal Clean Air Act, has played a pivotal role in this regard.

The story of California's leadership in this area began in the 1960s. The state's burgeoning population, coupled with its reliance on automobiles, was causing a severe smog problem. Recognising this, California established a Bureau of Air Sanitation within the Department of Public Health, tasking it with setting air quality standards and controlling motor vehicle emissions. In 1966, California introduced the nation's first tailpipe emissions standards, a groundbreaking move.

The following year, in 1967, the California Air Resources Board (CARB) was established. The Federal Clean Air Act of 1970 acknowledged California's unique challenges and granted the state the authority to set its own vehicle emissions regulations, which could be stricter than federal standards. This recognition was due to California's distinct population, climate, and topography, which had led to the state having the worst air quality in the nation.

Empowered by this legislation, CARB has been instrumental in implementing and enforcing a comprehensive range of air pollution controls over the subsequent decades. For instance, CARB adopted the nation's first NOx emissions standards for motor vehicles, leading to the development of the catalytic converter. CARB has also worked to reduce emissions from other sources, such as household products, and has promoted the use of cleaner fuels.

California has also been proactive in addressing greenhouse gas emissions. Assembly Bill 32, or the Global Warming Solutions Act of 2006, gave CARB the responsibility for monitoring and reducing these emissions. California has supported the EPA's efforts to regulate greenhouse gases, including defending the EPA's "endangerment determination" in court, which recognised that greenhouse gas pollution endangers public health and welfare.

Federal Clean Air Act

The Federal Clean Air Act requires that districts are responsible for air monitoring, permitting, enforcement, long-range planning, regulatory development, education, and public information activities related to air quality. Local districts are the primary mechanism for air quality management. Districts must implement rules and regulations and provide enforcement for the attainment and maintenance of California and national ambient air quality standards.

In California, Clean Air Act permitting is the shared responsibility of the California Air Resources Board (CARB), its 35 air pollution control agencies (districts), and EPA Region 9. CARB plays an oversight role for permitting and does not issue any pre-construction or operating permits. However, the state agency provides significant support to agencies that need permitting assistance.

Air Pollution Control Districts in California, such as the one in Colusa County, are governed by a five-member Board of Directors, consisting of County Supervisors. The Air Pollution Control Officer, who serves as Executive Director of the District, is appointed by the Board. The District legal counsel is also the County Counsel. The Board of Directors appoints five citizens to the District's Hearing Board, which considers appeals for rule variances and other similar matters. The Hearing Board is a quasi-judicial body.

Each district must implement rules and regulations and enforce them to achieve and maintain the national ambient air quality standards. The districts have the primary responsibility for air quality management.

California Air Resources Board (CARB)

The California Air Resources Board (CARB) is a department within the California Environmental Protection Agency, an organisation that reports directly to the Governor's Office in the Executive Branch of California State Government. CARB was established in 1967 when then-governor Ronald Reagan signed the Mulford-Carrell Act, combining the Bureau of Air Sanitation and the Motor Vehicle Pollution Control Board.

CARB's mission is to promote and protect public health, welfare, and ecological resources by reducing air pollutants while also considering the effects on the state's economy. The board's stated goals include attaining and maintaining healthy air quality, protecting the public from exposure to toxic air contaminants, and providing innovative approaches for complying with air pollution rules and regulations.

CARB has several responsibilities and programs aimed at reducing air pollution and emissions. One of its key responsibilities is to define vehicle emissions standards. California is the only state permitted to issue emissions standards under the federal Clean Air Act, and CARB has played a significant role in driving innovation in the global automotive industry through programs like the Zero-Emission Vehicle (ZEV) mandate.

Additionally, CARB has implemented the Low-Emission Vehicle (LEV) Program, which addresses smog-forming pollutants from automobiles sold in California. The board also regulates commercial harbour craft, aiming to reduce emissions from commercial vessels, particularly diesel-powered ones, operating in the state's harbors and ports. CARB's Alternative Fuel Vehicle Incentive Program, also known as "Fueling Alternatives," is funded by the board and administered by the California Center for Sustainable Energy (CCSE). This program offers incentives for the use of alternative fuels to reduce greenhouse gas emissions.

Furthermore, CARB's Commercial Harbor Craft regulation targets a reduction in emissions from commercial vessels operating in California's harbors and ports. Since its adoption in 2008, this regulation has required vessel owners to either replace their engines or send their boats out of the state. CARB also plays a role in the registration of off-highway motor vehicles (OHVs) in California, with the DMV implementing its policy dictates regarding ID plates or placards for these vehicles.

EPA Region 9

Region 9 has approved State Implementation Plans (SIPs), Tribal Implementation Plans (TIPs), and Federal Implementation Plans (FIPs) within its states and territories. These plans are designed to improve air quality and are officially contained in regulations in the Federal Register, also codified in the U.S. Code of Federal Regulations (CFR).

The EPA's work in Region 9 has included responding to the Los Angeles wildfires, where smoke adversely affected air quality and posed health risks to residents, especially children. The EPA provided resources to educate people about the dangers of smoke exposure and actions to protect their health.

The Region 9 office is led by a Regional Administrator, who previously served as Chief of Staff to the Minority Caucus in the California Legislature and held environmental roles in the U.S. Department of Agriculture and the Department of Interior Resource Advisory Councils.

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