California's Air Pollution: Strict Regulations For Cleaner Air

California has been at the forefront of the battle against air pollution for decades, with the first recognised episode of smog in Los Angeles in 1943. The state has enacted pioneering rules to clean up pollution from smokestacks and tailpipes, including the first tailpipe emissions standards in 1966. The California Air Resources Board (CARB) has played a key role in implementing and enforcing nation-leading air pollution controls, and the state has also entered into climate agreements with other nations. Local air districts are now required to work with communities to craft clean air plans, with increased air monitoring, bigger fines for polluters, and faster deployment of new pollution-scrubbing technology. Despite these efforts, parts of California still have the worst air quality in the country, and residents, especially in low-income communities of colour, continue to face the adverse health effects of air pollution.

California's vehicle emissions standards

California has long been at the forefront of vehicle emissions standards in the US. The state was granted a waiver in 1967 by the federal government to set its own vehicle emissions standards, and today, 17 other states and the District of Columbia have opted to follow California's regulations.

The California Air Resources Board (CARB) plays a pivotal role in the state's vehicle emissions standards and has implemented various programmes to reduce air pollution. One of CARB's key initiatives is the Advanced Clean Cars (ACC) program, which was first introduced in 2012 as ACC I. This program combines several regulations, including the Low-Emission Vehicle (LEV) criteria, greenhouse gas regulations, and the zero-emission vehicle (ZEV) regulation. ACC I established stringent criteria for light- and medium-duty vehicles, with three primary elements:

• Tiers of exhaust emission standards with increasingly stringent categories of low-emission vehicles.
• A mechanism requiring automobile manufacturers to introduce a progressively cleaner mix of vehicles year over year, with the option of credit banking and trading.
• A requirement that a specified percentage of passenger cars and light-duty trucks be ZEVs with no exhaust or evaporative emissions.

Building on the success of ACC I, CARB adopted the Advanced Clean Cars II (ACC II) regulations in 2022. ACC II sets even more ambitious targets for reducing emissions from light-duty passenger cars, pickup trucks, and SUVs. By 2035, all new passenger cars, trucks, and SUVs sold in California will be required to be zero-emission vehicles, marking a significant step towards California's carbon neutrality targets and federal air quality ozone standards.

The state's commitment to reducing vehicle emissions is further demonstrated by its ongoing reviews and amendments to the ACC II regulations. In October 2023, CARB staff initiated efforts to consider potential updates to the tailpipe greenhouse gas emission standard and limited revisions to the Low-Emission and Zero-Emission Vehicle regulations. These continuous improvements ensure that California remains a leader in the fight against air pollution and inspires other states to follow suit.

Community Air Protection Program

The Community Air Protection Program (CAPP), also known as Assembly Bill (AB) 617, is a statewide initiative by the California Air Resources Board (CARB) to reduce pollution exposure in communities most impacted by poor air quality. The program was established in 2017 in response to Assembly Bill 617, with $1.4 billion budgeted to support the bill with incentives directed by local air districts to implement advanced technologies for cleaner air.

CAPP's primary goal is to reduce air pollution exposure in communities that are disproportionately affected by it. To achieve this, communities across the state are collaborating to devise and put into action new strategies for measuring air pollution and mitigating its health effects. The San Diego County Air Pollution Control District (SDAPCD) leads the effort in San Diego County.

The Community Steering Committee, a diverse group of local stakeholders, has developed two key guiding documents: the Community Emissions Reduction Program (CERP) and the Community Air Monitoring Plan (CAMP). The SDAPCD works with members of priority communities to monitor air quality, create community emission reduction programs, and distribute incentive funding to implement the cleanest technologies in the most affected areas.

The Community Air Protection (CAP) Incentives Guidelines provide a framework for air districts to create new incentives to address stationary sources of pollution or sources identified in their Community Emission Reduction Programs. These guidelines have been revised with new project categories and updates to existing project types, including projects to reduce hexavalent chromium emissions from chrome plating activities and reduce exposure at sensitive receptors.

Additionally, CARB is seeking applicants for the Community Air Protection (AB 617) Consultation Group, which advises CARB on the development and implementation of the statewide strategy Blueprint 2.0 for the Community Air Protection Program.

Clean Air Act

California has long struggled with air pollution, and the state began to take action in the 1960s, forming a Bureau of Air Sanitation within the California Department of Public Health. This department was tasked with establishing air quality standards and controlling motor vehicle emissions. In 1966, California introduced the first tailpipe emissions standards in the nation, followed by the nation's first NOx emissions standards for motor vehicles in 1971.

The federal Clean Air Act, passed in 1970, recognized California's earlier efforts to address air pollution and authorized the state to set its own vehicle emissions regulations. This was due to California's unique circumstances, including its large population, climate, and topography, which contributed to the state's poor air quality.

The California Air Resources Board (CARB) was established in 1967 to implement and enforce a wide array of nation-leading air pollution controls. CARB has worked with the public, businesses, and local governments to improve air quality in California. In the 1980s and 1990s, California's vehicles and fuel became the cleanest in the world, thanks to CARB's efforts to eliminate lead in gasoline and adopt standards for cleaner-burning gasoline and diesel fuel.

CARB has also played a crucial role in reducing greenhouse gas emissions and addressing climate change. In 2006, Assembly Bill 32, or the Global Warming Solutions Act, was signed into law, giving CARB the responsibility to monitor and reduce greenhouse gas emissions. California has supported the EPA's efforts to regulate greenhouse gas emissions, including the Clean Power Plan, which aimed to reduce carbon emissions from power plants.

The Attorney General of California has also been active in ensuring that the EPA carries out its duties under the Clean Air Act. In 2007, the Attorney General joined a multi-state lawsuit against the EPA when it claimed it had no power to regulate greenhouse gas pollution. The Supreme Court ruled in favor of California, classifying greenhouse gases as "air pollutants" under the Clean Air Act and allowing the EPA to regulate them.

Air pollution fines

The California Air Resources Board (CARB) is responsible for monitoring the regulatory activity of California's 35 local air districts. CARB's mission is to promote and protect public health, welfare, and ecological resources through the effective and efficient reduction of air pollutants.

CARB adopts regulations designed to reduce criteria pollutants, toxic air contaminants, and greenhouse gas (GHG) emissions. The effectiveness of each regulation depends on industry compliance, and CARB works to ensure that regulated industries are aware of and understand the requirements.

CARB's enforcement program is designed to deter non-compliance and bring non-compliant industries into compliance. Enforcement efforts include responding to public concerns, providing compliance assistance, conducting inspections and investigations, and taking enforcement action when necessary. The CARB considers the extent of harm to public health, safety, and welfare caused by the violation when imposing penalties.

Violations of air pollution laws in California are subject to criminal or civil penalties. The California Health and Safety Code (H&S) specifies maximum penalties, and in some cases, minimum penalties, for violations of state and district laws, rules, and permits. For example, tampering with ambient air monitoring equipment is considered a misdemeanor, and the guilty party is liable for civil action for any damages caused by the tampering.

The Legislature increased maximum penalties for vehicular and non-vehicular violations in 2015 and 2016, respectively. These penalties are adjusted annually based on the California Consumer Price Index (California CPI). Criminal and civil penalties for violations of air quality laws are provided for by state law. For example, any person who violates H&S Sections 41500 – 42708 or any rule, regulation, permit, or order of the state or district is guilty of a misdemeanor and subject to a fine of up to $5,000 or imprisonment for up to six months, or both.

Air monitoring

California has a long history of dealing with air pollution, with the first recognised episodes of smog happening in Los Angeles in 1943. The state has been at the forefront of tackling air pollution, with a focus on monitoring and reducing emissions from vehicles and industrial sources.

The California Air Resources Board (CARB) plays a pivotal role in this regard, working with the public, businesses, and local governments to address air quality issues. CARB has implemented various strategies, including the nation's first tailpipe emissions standards for hydrocarbons and carbon monoxide in 1966, followed by standards for oxides of nitrogen in 1971, and later, particulate matter from diesel fuel. These measures have had a significant impact, reducing Californians' cancer risk from air pollution by 76%.

However, the issue persists, especially in areas like the San Joaquin Valley, where air pollution causes premature deaths and adverse health effects. To address this, California introduced a landmark law, AB 617, which established the Community Air Protection Program. This program empowers residents and local officials to shape regulations and allocate resources to areas most affected by air pollution, particularly low-income communities of colour. The law calls for increased air monitoring, stiffer penalties for polluters, and faster deployment of pollution-reducing technologies on smokestacks.

The state's 35 local air districts are responsible for regulating and monitoring stationary sources of air pollution, such as smokestacks. These districts work with communities to craft clean air plans and ensure compliance with regulations. California's regulatory framework includes the California Air Pollution Control Laws, which encompass relevant Health and Safety Code sections and air pollution-related statutes. The California Office of Administrative Law (OAL) also provides the official California Code of Regulations, with Title 13 pertaining to motor vehicles and Title 17 to public health.

Additionally, California has entered into climate agreements with other nations and implemented cap-and-trade programs to reduce carbon emissions from various sectors, including electricity generation and transportation. These efforts have resulted in continued improvements in air quality, even with increasing population and vehicle numbers.

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