environmental defense indirect source rules: cleaning air in california and beyond

ENVIRONMENTAL DEFENSE

Indirect Source Rules:Indirect Source Rules:

Cleaning Air in California and Cleaning Air in California and BeyondBeyond


Indirect Source Rule in California and Beyond

California’s Failing AirCalifornia’s Failing Air• Home of two of the most polluted Home of two of the most polluted

regions in the countryregions in the country

• 90% of state’s residents exposed to 90% of state’s residents exposed to unhealthful air each yearunhealthful air each year

• Mobile sources account for two-thirds of Mobile sources account for two-thirds of the pollutionthe pollution

• Growing dependence on vehicles Growing dependence on vehicles reduces air quality gainsreduces air quality gains





A Solution to Growth-related A Solution to Growth-related Pollution: Indirect Source Pollution: Indirect Source

RuleRule• Boldly recognizes Boldly recognizes

what creates what creates pollution growthpollution growth

• Links air quality Links air quality and land use and land use decisionsdecisions

• Provides incentives Provides incentives for builders to think for builders to think and act “green”and act “green”



ISR BeginningsISR Beginnings• EPA initiated the ideaEPA initiated the idea

• Developers pushed backDevelopers pushed back

• Limited local and state Limited local and state efforts evolvedefforts evolved– Colusa and Butte County Air Colusa and Butte County Air

DistrictsDistricts

– Oregon and ConnecticutOregon and Connecticut

• Methodology improvesMethodology improves

• San Joaquin Valley San Joaquin Valley begins new erabegins new era



ISR Common ISR Common CharacteristicsCharacteristics

• Limit indirect emissions from developments by Limit indirect emissions from developments by addressing:addressing:– The traffic linked to the new/modified developmentThe traffic linked to the new/modified development

– Project type (parking lots, highways)Project type (parking lots, highways)

– Energy demand from homes and businessesEnergy demand from homes and businesses

– The pollution from construction (including The pollution from construction (including equipment)equipment)

• Achieved by:Achieved by:– Promoting emission-reduction measuresPromoting emission-reduction measures

– Allowing a fee mechanism for pollution not mitigated Allowing a fee mechanism for pollution not mitigated onsiteonsite



• Long-term strategy for air qualityLong-term strategy for air quality

• Preserve open space and farm landPreserve open space and farm land

• Revitalize existing communitiesRevitalize existing communities

• Increase travel and housing choicesIncrease travel and housing choices

• Reduced congestionReduced congestion

• Improve affordable housingImprove affordable housing

opportunitiesopportunities

• Adaptable to any communityAdaptable to any community

ISR BenefitsISR Benefits



Case Study:Case Study:

The San Joaquin ValleyThe San Joaquin Valley

• Comprised of 8 countiesComprised of 8 counties

•““The Nation’s Salad Bowl”The Nation’s Salad Bowl”

• Oil and gas Oil and gas projectsprojects

• Home to over 3.2 million Home to over 3.2 million residentsresidents

• Largest cities are Largest cities are Fresno, Bakersfield, Fresno, Bakersfield, Modesto, and StocktonModesto, and Stockton



The San Joaquin Valley:The San Joaquin Valley:Primed for PollutionPrimed for Pollution

• Environmental and geographic factorsEnvironmental and geographic factors

• Diverse pollution sourcesDiverse pollution sources

• Fast-growing region with unplanned Fast-growing region with unplanned developmentdevelopment

• Increases in vehicle miles traveledIncreases in vehicle miles traveled





The San Joaquin Valley:The San Joaquin Valley:Air and HealthAir and Health• EPA: Many cities and counties EPA: Many cities and counties

in the SJV are the most polluted in the SJV are the most polluted in the U.S.in the U.S.

• 1 in 6 children in Fresno has 1 in 6 children in Fresno has asthmaasthma

• 12,000 residents hospitalized 12,000 residents hospitalized for asthma each yearfor asthma each year

• 460 deaths a year460 deaths a year


Indirect Source Rule in California and BeyondIndirect Source Rule in California and Beyond




The San Joaquin Valley:The San Joaquin Valley:Path to an ISRPath to an ISR

• Ozone and PM State Ozone and PM State Implementation Plans Implementation Plans (SIPs)(SIPs)

• Legislative mandateLegislative mandate

• Some developers’ desireSome developers’ desire

• Rules 9510 and 3180, Rules 9510 and 3180, adopted December 2005adopted December 2005



The San Joaquin Valley ISR:The San Joaquin Valley ISR:Three ElementsThree Elements

• Covered projects and Covered projects and pollutantspollutants

• Measuring pollution Measuring pollution reductionsreductions

• Achieving reductionsAchieving reductions



The San Joaquin Valley ISR:The San Joaquin Valley ISR:Covered Projects and PollutantsCovered Projects and Pollutants

• Residential, commercial, and Residential, commercial, and industrialindustrial– Based on project size and type (i.e. at least 50 Based on project size and type (i.e. at least 50

residential units, 2000 sq. ft. commercial, etc.)residential units, 2000 sq. ft. commercial, etc.)

– Does not affect small, reconstruction, or Does not affect small, reconstruction, or expansion projectsexpansion projects

• Mitigates NOx and PM10Mitigates NOx and PM10– Construction equipmentConstruction equipment

– Operational: 33% NOx and 50% PM10 over 10 Operational: 33% NOx and 50% PM10 over 10 yearsyears



The San Joaquin Valley ISR:The San Joaquin Valley ISR:Measuring Pollution Measuring Pollution

ReductionsReductions• Computer-generated modelsComputer-generated models

– URBEMISURBEMIS

– http://www.valleyair.orghttp://www.valleyair.org

– Project specificProject specific



The San Joaquin Valley ISR:The San Joaquin Valley ISR:Achieving ReductionsAchieving Reductions

• Onsite reduction Onsite reduction measuresmeasures

• Mitigation fee for Mitigation fee for offsite reductionsoffsite reductions



The San Joaquin Valley ISR:The San Joaquin Valley ISR:Current StatusCurrent Status

• Developers have been Developers have been applyingapplying

• June 2006 lawsuitJune 2006 lawsuit

• Use of fees uncertainUse of fees uncertain

• Other districts Other districts considering ISR considering ISR approachapproach



The Future ofThe Future ofIndirect Source RulesIndirect Source Rules

• Address additional Address additional pollutantspollutants

• Strive for 100% mitigationStrive for 100% mitigation

• Address all developmentsAddress all developments

(small, old, and new)(small, old, and new)

• Set realistic timelinesSet realistic timelines


Indirect Source Rule in California and BeyondIndirect Source Rule in California and Beyond




More InfoMore Info• San Joaquin Valley Air Pollution Control San Joaquin Valley Air Pollution Control

District:District:

http://www.valleyair.orghttp://www.valleyair.org

• Environmental Defense report on ISR:Environmental Defense report on ISR:

http://www.environmentaldefense.org/documents/http://www.environmentaldefense.org/documents/4733_IncentivesHealthyCommunities.pdf4733_IncentivesHealthyCommunities.pdf

• Kathryn Phillips, Manager, Clean Air for Life Kathryn Phillips, Manager, Clean Air for Life Project at Environmental Defense:Project at Environmental Defense:

[email protected]@environmentaldefense.org

environmental defense indirect source rules: cleaning air in california and beyond

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