A smog reduction initiative proposed by the South Coast Air Quality Management District (Air District) has been dismissed by the Environmental Protection Agency (EPA) for its failure to reduce pollution from significant emissions sources as mandated under the federal Clean Air Act. The EPA maintains that the program has permitted emission generating facilities to operate without the use of pollution control equipment.
The EPA specifically addressed a 2012 Air District plan that aimed to lower levels of soot across several counties, including Los Angeles, Orange, Riverside and San Bernardino. The plan was initiated through the Regional Clean Air Incentives Market, or Reclaim, program. The Reclaim program sought to lower the cap on nitrogen oxide emissions from refineries and power plants by 12 tons daily over the next seven years. This proposal was supported by the oil industry as an alternative to a more aggressive plan to lower the cap by 14 tons per day.
The EPA strongly supported the 14-ton plan as a necessary measure to lower smog and soot levels to acceptable standards. The lower cap plan was also condemned by the California Air Resources Board and other environmental groups for failure to comply with relevant laws and for posing a significant public health concern. However, oil industry representatives maintained that it would require billions of dollars to institute new procedures at refineries and other facilities and thus, the more lenient Air District proposal should not be viewed as a concession to the industry. The EPA will review the Reclaim program’s emissions goals as part of the new air quality plan to be submitted later in the year.
The Reclaim program was originally created to help reduce smog generated from fine particles released into the atmosphere from vehicle and power plant emissions. The effect of these emissions on public health has been a significant cause of concern for health officials. These particles are known to penetrate into the lungs and are linked to growing rates of lethal cardiovascular events.
The Reclaim program has largely failed to deliver the kind of improvements in air quality that was originally anticipated due, in part, to how the program operates. Companies are given credits that correlate to emissions production. Companies can sell their credits if pollution levels are reduced. A surplus of trading credits has resulted in an artificially depressed market for emissions credits, which has allowed companies to circumvent the installation of pollution control equipment.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.