EPA Approves New Rule to Reduce Southern California Air Pollution

The EPA announced approval of a rule adopted by the South Coast Air Quality Management District (AQMD) that protects communities from air pollution generated by warehouse operations, including freight vehicle trips to and from warehouses.

 

“South Coast’s rule, which we have now made federally enforceable, protects overburdened communities from the harmful effects of indirect sources of air pollution,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “These indirect sources, such as warehouses, ports, and rail yards, all contribute to pollution and therefore must be addressed so our communities can breathe cleaner air."

 

“EPA’s approval of our Warehouse Indirect Source Rule ensures that we will continue to make progress on improving air quality in the South Coast air basin,” said South Coast AQMD Executive Officer Wayne Nastri. “This is especially important for communities surrounding warehouses, which more often are impacted by greater environmental burdens as well as higher rates of asthma.”

 

Pollution from indirect sources – ports, warehouses, railyards, and airports – contributes to poor air quality in the greater Los Angeles region. The South Coast AQMD Warehouse Indirect Source Review (ISR) Rule is part of a larger multi-pronged strategy to reduce emissions associated with indirect sources and improve public health.

 

The Warehouse ISR Rule 2305, adopted by the air district in 2021, reduces harmful air pollutants – including nitrogen oxides and particulate matter – associated with warehouse operations, such as trips taken by trucks that deliver goods to and from the facilities, yard trucks, and transport refrigeration units.

 

ISR Rule 2305 creates a point system known as Warehouse Actions and Investments to Reduce Emissions (WAIRE). The rule allows warehouses to earn WAIRE points by completing actions such as investing in zero emission and/or near-zero emission technologies, using solar power, installing onsite zero emission charging or fueling infrastructure, or installing filtration systems in qualified buildings such as schools. Other options to earn WAIRE points include developing a custom WAIRE plan or paying mitigation fees. By 2025, warehouses with greater than or equal to 100,000 square feet of indoor floor space in a single building will be subject to the rule.

 

In addition to this ISR rule from the local air district, EPA’s national-level actions to tighten engine emission standards for new vehicles, including heavy duty trucks, will improve Southern California’s air quality. These regulatory actions to bring cleaner air are complemented by unprecedented federal funding from the Bipartisan Infrastructure Law and the Inflation Reduction Act, which together are making historic investments to move the country towards a zero-emission economy, tackling climate change and creating a more equitable future. In June 2024, EPA awarded AQMD nearly half a billion dollars to cut transportation and goods movement related climate pollution in southern California.

 

EPA’s approval of the Warehouse ISR Rule 2305 reflects EPA’s commitment to environmental justice and civil rights -- to make progress in historically overburdened and underserved communities, ensuring fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income in developing and implementing environmental laws, regulations, and policies.

 

View the Final Rule on the Federal Register.

 

 

Hawkins Inc. of Camanche, Iowa, will pay $51,158 in civil penalties and purchase equipment for local emergency responders to resolve alleged violations of the federal Resource Conservation and Recovery Act (RCRA). The company manufactures, distributes, and sells industrial chemicals, including bleach.

 

During a May 2023 inspection, EPA determined that Hawkins Inc. qualified as a “large quantity generator” of hazardous waste but failed to meet the requirements of a facility producing that much waste. These included accumulating hazardous waste for longer than 90 days; failing to prepare a contingency plan to respond to emergencies; and failing to make arrangements with local emergency responders in the event of a release or threat of a release of hazardous waste.

 

Because the company failed to meet these requirements, it was operating as an unpermitted hazardous waste treatment, storage, and disposal facility.

 

In response to the inspection findings, Hawkins Inc. agreed to take the necessary steps to return its facility to compliance.

 

“This settlement demonstrates EPA’s commitment to protecting communities from releases of hazardous waste, especially those already burdened by historical pollution,” said EPA Region 7 Enforcement and Compliance Assurance Division Director David Cozad. “The Agency is also committed to leveling the playing field for companies that comply with federal law.”

 

Hawkins Inc.’s settlement with EPA includes the purchase of approximately $38,610 in emergency response equipment to be issued to the Clinton County Emergency Management Unit, Camanche Volunteer Fire Department, Davenport Hazmat Department, and Camanche Police Department.

 

EPA identified the community surrounding the Hawkins facility as a potentially sensitive area because of exposures to particulate matter, air toxics respiratory hazards, and wastewater discharges. EPA is strengthening enforcement in overburdened communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.

 

The Resource Conservation and Recovery Act creates the framework for proper management of hazardous and non-hazardous solid waste.

 

Learn more about RCRA on our YouTube Channel: Environmental Resource Center

 

 

EPA recently announced a settlement with Federal Cartridge Co. at 900 Bob Ehlen Drive in Anoka, Minnesota, for alleged Clean Air Act violations. EPA estimates the settlement will reduce air emissions by more than 1,700 pounds of particulate matter per year and more than 400 pounds of lead per year. Under the settlement, Federal Cartridge will be required to reduce lead and particulate matter emissions and pay $349,471 in penalties. Federal Cartridge melts and processes lead to manufacture ammunition.

 

In 2022, the Minnesota Pollution Control Agency installed an ambient air monitor at the facility after lead emissions were found to be above permitted levels. Results showed lead concentrations exceeding the Minnesota ambient air quality standards of 0.15 micrograms per cubic meter for lead in ambient air. Air quality was assessed based on a 3-month rolling average with concentrations exceeding air quality standards from December 2022-June 2023. EPA issued notices of violation to Federal Cartridge, alleging the facility failed to meet air pollution control equipment requirements and violated the ambient air quality standard for lead.

 

The settlement will require Federal Cartridge to reduce the facility’s lead and particulate matter emissions. To do so, Federal Cartridge has installed three new lead-controlling baghouses with secondary high-efficiency particulate air (HEPA) filtration. The company will also install scavenger hooding in lead-processing areas to route previously uncaptured emissions to baghouses with secondary HEPA filtration. Federal Cartridge will implement a fugitive dust plan and continue to monitor and investigate lead measured in the ambient air. Average lead concentrations monitored near the facility are currently below the Minnesota ambient air quality standards.

 

EPA’s mission is to protect human health and the environment. Research shows that air pollutants like particulate matter can increase heart disease as well as other health issues, while reductions in air pollution are associated with widespread public health benefits.

 

For more information about the Clean Air Act, visit EPA’s website.

 

For more information on lead and air quality, visit EPA’s website.

 

 

EPA has announced it initiated the process to cancel the registrations of all products containing dimethyl tetrachloroterephthalate, a pesticide also known as DCPA or Dacthal. This followed announcements from AMVAC Chemical Corporation, the sole manufacturer of DCPA, stating its intent to voluntarily cancel products containing the chemical in the United States and overseas. Earlier in August, EPA had suspended all registrations of DCPA, citing the pesticide’s effects on fetal development. This emergency suspension prohibited the sale, distribution, and use of DCPA products in the U.S. as of Aug. 7. EPA plans to publish the final cancelation order for DCPA following a public comment period set to end on Sept. 30.

 

DCPA is registered for use on crops such as broccoli, Brussels sprouts, cabbages, and onions and on non-residential turf such as golf courses and athletic fields. In 2023, EPA determined that the unborn babies of pregnant people exposed to DCPA through work or recreation could experience changes in thyroid hormone levels linked to low birth weight, decreased IQ, and impaired motor skills. Health risks persisted even when engineering controls and personal protective equipment were used. For many crops and tasks, EPA found that DCPA levels in treated fields remain unsafe for 25 days or more.

 

AMVAC voluntarily cancelled the use of DCPA on turf in December 2023. While this practically eliminated exposures to the pesticide during recreational activities, the company’s proposed changes did not adequately address occupational health risks to those who work with and around DCPA, according to EPA.

 

EPA is now working with AMVAC to develop a return program for DCPA products, the agency stated a press release announcing the cancelation.

 

On Aug. 29, EPA published a notice for the voluntary cancelation of DCPA in the Federal Register. The notice provides additional information about the cancelation, including instructions for submitting public comments. All comments must be received by Sept. 30.

 

 

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