Agricultural burning to nearly end in the San Joaquin Valley by 2025

The California Air Resources Board (CARB) announced yesterday that the practice of burning agricultural waste in the San Joaquin Valley will be reduced to near zero levels by 2025. CARB said it had partnered with the San Joaquin Valley Air Pollution Control District (the District), farmers, and local communities in negotiating an end to a practice that has been occurring in the Valley for over 160 years.

Photo Credit: San Joaquin Valley APCD

The District has been able to reduce the amount of this burning by nearly 80% since 2013 in an effort to meet federal and state emission limits regarding PM2.5. The action announced yesterday builds upon the District's 2015 phase-down plan, which expired  on December 31, 2020, but had been extended until yesterday.

Current CARB Board member and former state Senator Dean Florez said, “California has accounted for over one-tenth of the value of the U.S. agricultural output - unfortunately part of that statistic is a practice that has been in existence since 1859, the Ag Burn. This dirty practice, utilized yearly for over 160 years, has caused increased ozone pollution, increased asthma rates, and severe health impairments. I began the process of ending agricultural burning 17 years ago with Senate Bill 703, which gave the California Air Board the ability to terminate this feudal practice through its negotiation power.” 

“Today is the day that ag burns will become a thing of the past. Working with health advocates, farmers and regulators, a declining cap starting from a 36 month countdown to a complete phaseout was produced, which is historic and brings finality to a one-cent match solution that has endangered Californian’s lungs for over a century.”

For further information:

CARB Partners with local air quality officials, farmers and communities to nearly eliminate agricultural burning in San Joaquin Valley by 2025

Watch out carmakers - CARB is coming after you (and your pocketbooks)!

The California Air Resources Board warned automakers today that it will not tolerate any more emission control bypass shenanigans similar to what Volkswagen, Audi, Porsche, and most recently, Mercedes Benz-Daimler have done.

As you may recall, CARB and the USEPA issued fines and other penalties in the billions of dollars after discovering that many vehicles were purposely designed to bypass state and federally required emission controls unless an emissions compliance test was being performed.

Photo Credit: Ruben de Rijcke / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0)

In September of 2015, CARB sent a letter to all automakers asking them to voluntarily disclose any such systems they may not yet have reported. Apparently not satisfied with the response, CARB issued another warning today threatening severe repercussions if it or EPA, utilizing new laboratories and testing equipment, discover violations that have not been reported.

Here is an excerpt from today's letter, in which CARB expressed its dissatisfaction with the small response:

"On September 25, 2015, the California Air Resources Board (CARB) wrote light-, medium-, and heavy-duty vehicle and engine manufacturers to remind them to properly disclose all auxiliary emission control devices (AECDs) at the time of certification. That letter also informed manufacturers of CARB’s intent to begin using then newly-developed screening tests in CARB’s In-Use Compliance Program, in addition to standard certification emission test cycles, to identify unapproved AECDs and defeat devices, the discovery of which would subject the manufacturer to penalties and remedial measures. The goal of that letter was clear: for manufacturers to proactively inform CARB of undisclosed software devices and reintroduce a level of trust and forthrightness into the certification process."

"While a handful of manufacturers stepped forward over the last five years, the vast majority did not. As promised in 2015, CARB moved forward with expanded testing programs and a suite of newly developed techniques to detect unauthorized AECDs and defeat devices in diesel engines." 

"This situation will not continue--It is a clear violation of public health to pollute the air with illegal devices, and it undermines the essential trust that has supported the certification program for decades. CARB is therefore now writing to you again to encourage voluntary disclosure of any potential violations with respect to these and other applicable regulatory requirements. Voluntary disclosure will trigger a reduction in penalties; failure to do so may affect the result of future enforcement actions involving your company when CARB’s new techniques – and its new state-of-the-art testing laboratory opening in 2021 – inevitably detect any violations you may have. "

Daimler AG/Mercedes Benz caught cheating on vehicle emission controls, fined $1.5 billion

It doesn't pay to cheat on air pollution emission controls on vehicles. Volkswagen, Audi, and Porsche found that out a couple of years ago. Now Daimler Ag has also learned the hard way that you don't program emission controls on your cars and vans to only work when the government is testing them and to turn the controls off during normal driving.

Mercedes-Benz E350 sedan

Photo Credit: Tokumeigakarinoaoshima / CC0

Under two consent decrees reached by the corporate giant with the United States Environmental Protection Agency (USEPA), the U.S. Department of Justice (DOJ), and the California Air Resources Board (CARB), fines and mitigations totaling nearly $1.5 billion dollars must be paid by the company.

Approximately $286 million from the two consent decrees will go to California.

Testing by CARB's testing laboratoy in El Monte, CA, and the National Vehicle and Fuels Emissions Laboratory in Michigan found that from 2009 - 2016, the company purposely designed several Mercedes-Benz diesel cars, SUVs, and Sprinter vans to operate on-board air pollution control systems only when the vehicles "sensed" they were being tested for compliance. When testing was not being done, the controls were bypassed, resulting in illegal emissions into the atmosphere.

Daimler AG must fix 85% of all vehicles that were designed in this manner such that they will now be in compliance at no charge to those people who bought or leased them. The cars and SUVs must be repaired within 2 years and the vans within 3 years. Additionally, extended warranties covering all updated software and hardware must be issued and the company must test all repaired vehicles every year for the next 5 years. Failure to do any of the above will result in additional fines.

As an additional mitigation, Daimler must also provide offsets for excess NOx emissions by replacing 15 old locomotive engines with newer, less polluting ones.

“The message we are sending today is clear. We will enforce the law. We will protect the environment and public health. And if you try to cheat the system and mislead the public, you will be caught,” said EPA Administrator Andrew Wheeler. “Those that violate public trust in pursuit of profits will forfeit both.”

“By requiring Daimler to pay a steep penalty, fix its vehicles free of charge, and offset the pollution they caused, today’s settlement again demonstrates our commitment to enforcing our Nation’s environmental laws and protecting Americans from air pollution,” said Deputy Attorney General Jeffrey Rosen.

CARB Chair Mary D. Nichols added, “Californians live with some of the worst air in the country, air that adversely impacts public health causing or contributing to asthma, respiratory disease, and premature death. It also costs the economy through medical costs as well as lost work and schools days. Automakers must learn that in this state, CARB will continue to use the very latest and most sophisticated science and technology to catch cheating and violations that impact our air and health.” 

Daimler will also be required to change its corporate culture by reforming the way it has designed and manufactured vehicles in the past such that it will beable to detect and prevent such environmental violations in the future. This includes increased testing under real-world conditions with portable analyzers, starting a robust whistleblower program, enhancing employee training, and performing internal audits which must be reviewed and critiqued by external consultants.

A list of vehicles affected and other information can be found at this link: 

"https://www.epa.gov/enforcement/daimler-ag-and-mercedes-benz-usa-llc-clean-air-act-civil-settlement"

Whole Foods Market, Hobby Lobby, Walgreens, and others fined for violating California air pollution laws

Remember this the next time you find yourself walking down the aisles of your local Whole Foods Market, thinking about what a healthy choice you have made by shopping there instead of one of the other major grocery chains: the California Air Resources Board (CARB) just fined Whole Foods for selling products that violated  California's air pollution laws.

Photo Credit: Wikipedia, https://commons.wikimedia.org/wiki/File:Whole_Foods_Market_logo.svg

You read that correctly. Whole Foods and other companies were found to be selling products that emitted levels of air pollution that are not allowed in the state. The chemicals released, called Volatile Organic Compounds (VOCs), are key components in the formation of photochemical smog. They are found in a variety of common household cleaners, air fresheners, lubricants, and other products.

Whole Foods was fined $5,250 for selling imported products that did not meet California's requirements.

Similarly, Hobby Lobby was fined $4.920 and Walgreens was fined $80,000 for selling products labeled as "not for sale in California."

Other companies found to be in violation of air pollution laws were Walmart Stores Inc., Save Mart Companies, and TJX Companies.

 “Many common household products contain compounds that contribute to ground level ozone formation,” explains CARB Enforcement Division Chief Todd Sax. “Breathing in ozone may cause people to experience chest pain, coughing and throat irritation. It is important that retailers understand their role to ensure household products they sell meet clean air standards before those products reach California households.”

For more information about chemicals found in common household products, please click on the following link: Consumer Products and Air Pollution

CARB approves first ever AB 617 emission reduction plans for Fresno and Shafter

The California Air Resources Board (CARB) recently announced its approval of two emission reduction plans for the San Joaquin Valley. The plans will affect the communities of South Central Fresno and Shafter, two areas significantly impacted by air pollution.

AB 617 Target Areas, Photo Credit - CARB

Assembly Bill 617 requires that these Community Emissions Reduction Programs to identify, monitor and reduce air pollutants of specific concern to each location. 

“These two emission reduction plans are only the beginning of the focused efforts to cut air pollution in the communities of Shafter and South Fresno,” said CARB Executive Officer Richard Corey. “The next step is turning the plans into actions on the ground. CARB stands ready to work with the communities, air district and others to provide continued support and rigorous oversight to make sure the plans adopted today deliver on their promise of healthier air for all.”

The San Joaquin Valley Air Pollution Control District (SJVAPCD) helped gather together residents, businesses, air regulators, and other stakeholders to form steering committees that developed specific emissions reduction strategies for the two areas. 

“We applaud the action taken by the California Air Resources Board to approve the Community Emission Reduction Programs for the communities of Shafter and South Central Fresno,” stated Samir Sheikh Executive Director/Air Pollution Control Officer of the San Joaquin Valley Air Pollution Control District. “We look forward to working closely with these communities to reduce air pollution and improve quality of life for community residents.”

Emission sources targeted include:

• Passenger cars
• Residential energy use
• Urban sources
• Heavy-duty trucks
• Industrial and agricultural sources including pesticides
• Oil and gas operations
• Fugitive dust

To address AB 617 requirements, CARB created the Office of Community Air Protection (OCAP). More information on OCAP may be found at this link: Community Air Protection Blueprint

CARB submits plan to USEPA for San Joaquin Valley PM2.5 compliance

The California Air Resources Board (CARB) just adopted a new plan to bring the San Joaquin Valley air basin into compliance with four federal standards for fine particulate pollution by the regulatory deadlines set by the US.Environmental Protection Agency (USEPA). For more information: CARB PM2.5 Plan

Photo Credit: CARB

Measures for reducing emissions include:

• New regulations targeting emissions from heavy-duty trucks, including an inspection and maintenance program, a low-NOx engine standard and a low-emission diesel fuel requirement
• Tightened controls on residential wood-burning stoves and fireplaces, and enhanced incentives for cleaner-burning alternatives
• Enhanced incentives for purchase of cleaner agricultural equipment and commercial underfired charbroilers
• A suite of measures to reduce emissions of NOx from flares, including flares at refineries, oil fields and landfills, internal combustion engines and boilers, among other sources.

For more information: CARB PM2.5 Plan

CARB to study impact of Big Oil production on nearby communities in L.A. and Kern Counties

Yesterday the California Air Resources Board (CARB) announced that it will be conducting extensive air quality monitoring on several communities most impacted by air pollution from nearby oil and gas production facilities.

Photo: CARB

The communities chosen are located in historic oil production areas in the South San Joaquin Valley and Los Angeles County and include:

• Lost Hills, Lost Hills Oil Field, Kern County
•  McKittrick and Derby Acres, McKittrick Oil Field and Midway-Sunset Oil Field, Kern County
• Baldwin Hills, Inglewood Oil Field, Los Angeles County
• South Los Angeles, Las Cienegas Oil Field, Los Angeles County

Part of the Study of Neighborhood Air near Petroleum Sources (SNAPS), CARB hopes to use the data to better understand how oil and gas production facilities affect neighboring communities. 

Mobile air monitoring units will be installed and operated for 3 - 4 months. The program also calls for community meetings to gather feedback and to discuss the results.

“Many Californians live in communities near oil and gas facilities – but we know very little about the impact of these facilities on their neighbors’ health,” said Chair Mary D. Nichols. “We need up-to-date information to assess whether existing standards and regulations are effective, and to lay the groundwork for any needed improvements.”

“CARB recently adopted more stringent regulations requiring enhanced inspection of oil and gas operations including pump jacks. The rules require the use of technologies including chemical sniffers to better pinpoint and repair any leaks that are identified,” said Executive Officer Richard W. Corey. “The SNAPS program will complement the regulation to better ensure oil and gas operations that impact nearby communities are identified and addressed.”

California's GHG emissions now below 1990 levels

The California Air Resources Board (CARB) announced today that statewide emissions of greenhouse gasses have fallen below 1990 levels for the first time since 2004.

The emission reductions are roughly equal to taking 12 million cars off of the road or saving 6 billion gallons of gasoline.

In 2006 California passed its landmark climate change law, AB 32, which requires the state to reduce its emissions to 1990 levels - 431 million metric tons) by 2020.  According to the state's 2016 Greenhouse Gas Emissions Inventory published today, California's emissions were 429 million metric tonnes.

Governor Jerry Brown made note of the achievement, saying, "California set the toughest emissions targets in the nation, tracked progress, and delivered results."

Added CARB Chair Mary Nichols, "This is great news for the health of Californians, the state's environment and its economy, even as we face the failure of our national leadership to address climate change.

Highlights from the inventory published today include:

• Carbon pollution dropped 13 percent statewide since a 2004 peak; meanwhile the economy grew 26 percent.
• Per capita emissions continue to be among the lowest in the country. They fell 23 percent from a peak of 14 metric tons per person (roughly equal to driving 34,000 miles) in 2001 to 10.8 metric tons per person in 2016 (roughly equal to driving 26,000 miles). That is approximately half as much as the national average.
• Carbon pollution dropped 3 percent between 2015 and 2016—roughly equal to taking 2.4 million cars off the road or saving 1.5 billion gallons of gasoline and diesel fuel.
• The “carbon intensity” of California’s economy – the amount of carbon pollution emitted per $1 million of gross state product – dropped 38 percent since the 2001 peak and is now one-half the national average.
• California now produces twice as many goods and services for the same amount of greenhouse gas emissions as the rest of the nation.

Electricity generation had the largest decline among the sectors. Emissions from this sector declined 18 percent in 2016, reflecting continued growth in renewable energy – such as solar, wind and geothermal – as a result of the state’s Renewables Portfolio Standard, and a corresponding drop in natural gas generation. Solar electricity in all forms, including rooftop generation, grew 33 percent, while natural gas fell more than 15 percent.

CARB Chair responds to another Trump directive

The California Air Resources Board (CARB) Chairwoman, Mary Nichols, responded today to a new Presidential directive that she claims will weaken air pollution control efforts and threaten the public's health.

Mary Nichols

Photo: CARB

The Presidential Memorandum, which was issued yesterday by President Trump. directs the U.S. Environmental Protection Agency (EPA) to speed up the review of permit applications, air quality plans, and other areas to streamline and make more efficient a variety of air pollution programs, policies, and procedures.

In the Memorandum, President Trump asserts that existing EPA requirements and procedures have resulted in "unnecessary impediments to new manufacturing and business expansion essential for a growing economy."

In response, Nichols said, “This order caves to a minority of industries who claim Clean Air Act standards are too strict, too costly and too burdensome. The truth is a large body of research shows the Clean Air Act dramatically improves public health, especially among our most vulnerable populations. The consequences of inaction are irresponsible -- unhealthy people, shortened lives, and greater demands on our health care system.”

Check your California electric bill for a climate credit

Just in case you were unaware, your electric bill this month should be reduced a little bit by a "California Climate Credit."

Photo: California ARB


One of the consumer benefits of California's efforts to combat climate change, monies for the credit come from regulations that require power plants and other large sources of greenhouse gas emissions to purchase carbon pollution permits.

A share of those payments is returned twice a year to residential utility ratepayers and certain small businesses, who are customers of PG&E, SDG&E, and SCE Pacific Power and Liberty Utilities. Additionally, all Community Choice Aggregator (CCA) customers get the credit.

Depending upon what utility you use, the amount of the credits varies from  $29.46 to $126,90.

CARB chair fires back at Trump's EPA, vows to hold automakers to tighter emission standards

California's top air pollution regulator fired back at the Trump administration's EPA today over the latter's plans to weaken air pollution standards for cars and light trucks, model years 2022 - 2025.

Mary D. Nichols, CARB Chair

Photo: California Air Resources Board

Mary D. Nichols, Chair of the California Air Resources Board (CARB) issued the following statement:

“This is a politically motivated effort to weaken clean vehicle standards with no documentation, evidence or law to back up that decision. This is not a technical assessment, it is a move to demolish the nation’s clean car program. EPA’s action, if implemented, will worsen people’s health with degraded air quality and undermine regulatory certainty for automakers. 

This decision takes the U.S. auto industry backward, and we will vigorously defend the existing clean vehicle standards and fight to preserve one national clean vehicle program. 

Meanwhile, today’s decision changes nothing in California and the 12 other states with clean car rules that reduce emissions and improve gas mileage—those rules remain in place. California will not weaken its nationally accepted clean car standards, and automakers will continue to meet those higher standards, bringing better gas mileage and less pollution for everyone.” 

VW Dieselgate fines reach $1.5 Billion in California according to CARB

The California Air Resources Board (CARB) announced an additional $153.8 million in fines against Volkswagen for the notorious emissions cheating scandal involving its model year 2009 - 2016, 2.0 and 3.0 liter diesel fueled passenger vehicles.

The additional penalties bring the total fines the company must pay in California to nearly $1.5 billion, the largest in history for violations of air quality rules.

“This payment to the State of California closes another chapter in the so-called ‘dieselgate’ case against Volkswagen, but it is not the end of the story,” said CARB Chair Mary Nichols. “There are still consumers waiting to find out the future of their cars. CARB is working with U.S. EPA to determine if the remaining vehicles can be modified.”

“What Volkswagen did was categorically unacceptable,” said Attorney General Xavier Becerra. “At the California Department of Justice, we’ve been holding Volkswagen accountable since we learned of their inexcusable actions. One thing should be crystal clear: wrongdoers who believe they can run and hide are sorely mistaken.”

The total fines are broken down as follows:

1. $153.8 million for penalties for air quality violations and the cost of CARB's investigation.
2. More than $422 million dollars VW must pay into a national trust to mitigate environmental harm in California.
3. $800 million dollars in Zero Emission Vehicle (ZEV) related investments that VW must perform in California pursuant to an investment plan approved by CARB.
4. $25 million dollars VW has paid to CARB to support ZEV investment programs, including vehicle replacement programs, for low-income residents.
5. Consumer relief, including restitution and modification or buy back of the affected vehicles.
6. $86 million dollars it has paid to the California Attorney General’s office for civil penalties and costs.
7. Any additional mitigation payments VW is required to make if it fails to modify or buy back at least 85% of the subject vehicles in California.

The Consent Decree also includes an injunction requiring the company to implement a corporate compliance program, conduct enhanced vehicle testing, and undertake a series of audit and reporting obligations to ensure future compliance with U.S. and California laws and regulations.

VW settles part of emissions cheating scandal

Volkswagen (VW) has agreed to a $14.7 billion settlement with U.S. and California authorities to resolve its unprecedented emissions cheating scandal, according to an announcement by the California Air Resources Board (CARB) yesterday. 

Part of a partial Consent Decree issued by U.S. District Judge Charles Breyer, the agreement is the largest in automaker history. In addition to CARB, the U.S. Environmental Protection Agency (USEPA) and the U.S. Department of Justice (DOJ) approved the edict.

Photo: USEPA, Fair Use

The scandal was revealed after CARB engineers discovered that VW had installed "defeat devices" in certain 2.0-liter diesel powered passenger vehicles sold under the VW and Audi nameplates. The devices prevented federal and California required emission control equipment from operating properly unless the system detected that the vehicle was undergoing an emissions inspection, at which point its programming caused the equipment to do what it was required to do by law.

Approximately 500,000 such vehicles were sold in the United States between model years 2009 and 2015. About 71,000 were sold in California. The scandal was particularly notorious because the vehicles were promoted as ones that utilized clean diesel technology, thus encouraging potential owners and lessees to choose the vehicles because they were duped into thinking that they were doing their part to help the environment.

 A similar scandal involving 3.0-liter engines sold in VW, Audi, and Porsche vehicles, is not part of this agreement.

The terms of the Decree require VW and Audi to:

• Buy back, terminate leases, or provide approved emissions modifications for nearly 475,000 2.0-liter TDI diesel cars in the U.S.;
• Provide cash payments to owners/lessees;
• Pay for environmental remediation; and
• Promote zero emissions vehicle (ZEV) technology.

California will receive about $1.2 billion to mitigate environmental damage caused by VW's cheating.

“The court’s approval of the largest settlement for California under the Clean Air Act sets in motion a public process that will develop a range of projects to mitigate the harmful health effects of smog,” said CARB’s Chair Mary D. Nichols. “While we continue to pursue penalties for these violations -- and a resolution for 3.0-liter vehicles which were also equipped with defeat devices -- this decision sends a clear message that California will continue  to ensure cars and tailpipes meet the standards designed to protect the public from pollution and smog.” 

Elon Musk blames CARB and other car companies for $293.2 M Tesla 2nd quarter loss, says regulations are not stringent enough

Those who follow environmental and business news are used to hearing business and industry complaining that stringent environmental regulations are a major roadblock for profitability. In a twist to that familiar refrain, the leader of the world's largest electric car company blamed its latest huge quarterly loss, in part,  on air pollution regulations that weren't stringent enough!

As reported by The Los Angeles Times and others, Tesla Motors Inc., disappointed investors again by reporting a second quarter loss of $293.2 million yesterday. In explaining what happened, Tesla CEO Elon Musk gave several reasons, but, the most interesting one - or the most bizarre - was his claim that California Air Resources Board (CARB) regulations were "pathetic," implying that they were not stringent enough.

Video Credit: Tesla website - Fair Use

A significant portion of Tesla's business model involves the sale of zero-emission vehicle (ZEV) environmental credits. Under CARB air pollution regulations, ZEV credits can be traded or sold between those who need them to offset emissions from their fossil fuel fired cars and those who generate them by selling electric cars with no emissions such as the Tesla Model S.

According to The Times, Tesla sold about $170 million in emission credits last year. However, Musk apparently believes the standards that help to set the price for those credits are "pathetically low."

Musk added. "There's massive lobbying by the big car companies to prevent CARB from increasing the credit mandate, which they absolutely damn well should. As a result, you can barely sell the credits for pennies on the dollar. CARB should damn well be ashamed of themselves."