California Man Faces First-Ever US Charges for Smuggling Greenhouse Gases
As US Wildfires Pollute the Skies, a Loophole is Obscuring the Impact. Can it be Fixed?
What Is the Exceptional Events Rule? The Loophole Letting US Regulators Wipe Air Pollution From the Record
Oil Industry Blocks Effort to Increase Fines Against Polluting California Refineries … Again
EPA Approves California's Plan to Phase Out Diesel Trucks
Trump Administration to Push California for More Emissions
Will California's Air Board Ban Gas-Powered Cars? Not Now
Government Can Waive Environmental Laws to Build Border Wall Prototypes, Court Rules
California Officials Call on Trump to Drop Rollback of Fuel Standards
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Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"ahall":{"type":"authors","id":"11490","meta":{"index":"authors_1591205172","id":"11490","found":true},"name":"Alex Hall","firstName":"Alex","lastName":"Hall","slug":"ahall","email":"ahall@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Enterprise & Accountability Reporter","bio":"Alex Hall is KQED's Enterprise and Accountability Reporter. She previously covered the Central Valley for five years from KQED's bureau in Fresno. Before joining KQED, Alex was an investigative reporting fellow at Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism. She has also worked as a bilingual producer for NPR's investigative unit and freelance video producer for Reuters TV on the Latin America desk. She got her start in journalism in South America, where she worked as a radio producer and Spanish-English translator for CNN Chile. Her documentary and investigation into the series of deadly COVID-19 outbreaks at Foster Farms won a national Edward R. Murrow award and was named an Investigative Reporters & Editors award finalist. Alex's reporting for Reveal on the Wisconsin dairy industry's reliance on undocumented immigrant labor was made into a film, Los Lecheros, which won a regional Edward R. Murrow award for best news documentary.","avatar":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g","twitter":"@chalexhall","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Alex Hall | KQED","description":"KQED Enterprise & Accountability Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/ahall"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11978125":{"type":"posts","id":"news_11978125","meta":{"index":"posts_1591205157","site":"news","id":"11978125","score":null,"sort":[1709668847000]},"guestAuthors":[],"slug":"california-man-faces-first-ever-us-charges-for-smuggling-greenhouse-gases","title":"California Man Faces First-Ever US Charges for Smuggling Greenhouse Gases","publishDate":1709668847,"format":"standard","headTitle":"California Man Faces First-Ever US Charges for Smuggling Greenhouse Gases | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A Southern California man was arrested Monday on suspicion of smuggling refrigerants into the U.S. from Mexico, and federal prosecutors said he’s the first person to be charged with violating regulations intended to curb the use of greenhouse gases that contribute to climate change.[aside label='More on California Laws' tag='california-laws']The indictment alleges Michael Hart, of San Diego, smuggled the ozone-depleting chemicals across the border concealed under a tarp and tools in his vehicle. He posted them for sale on the internet, according to a statement from the U.S. Attorney’s Office.\u003c/p>\n\u003cp>Hart was arraigned Monday afternoon and pleaded not guilty to 13 charges, including conspiracy, sale of prohibited materials and illegal importation, the statement said.\u003c/p>\n\u003cp>It’s the first prosecution in the U.S. to include charges related to a 2020 law that prohibits the importation of hydrofluorocarbons, commonly used as refrigerants, without permission from the Environmental Protection Agency, according to prosecutors.[pullquote size=\"medium\" align=\"left\" citation=\"U.S. Attorney Tara McGrath\"]‘This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last.’[/pullquote]“This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,” U.S. Attorney Tara McGrath said in a statement. “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”\u003c/p>\n\u003cp>Hydrofluorocarbons are regulated under the Clean Air Act. They are used in refrigeration, air-conditioning, building insulation, fire extinguishing systems and aerosols.\u003c/p>\n\u003cp>Hart was ordered to return to court on March 25.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"'This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,' US Attorney Tara McGrath said in a statement. ","status":"publish","parent":0,"modified":1709685715,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":293},"headData":{"title":"California Man Faces First-Ever US Charges for Smuggling Greenhouse Gases | KQED","description":"'This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,' US Attorney Tara McGrath said in a statement. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Man Faces First-Ever US Charges for Smuggling Greenhouse Gases","datePublished":"2024-03-05T20:00:47.000Z","dateModified":"2024-03-06T00:41:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://apnews.com/\">The Associated Press\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11978125/california-man-faces-first-ever-us-charges-for-smuggling-greenhouse-gases","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Southern California man was arrested Monday on suspicion of smuggling refrigerants into the U.S. from Mexico, and federal prosecutors said he’s the first person to be charged with violating regulations intended to curb the use of greenhouse gases that contribute to climate change.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on California Laws ","tag":"california-laws"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The indictment alleges Michael Hart, of San Diego, smuggled the ozone-depleting chemicals across the border concealed under a tarp and tools in his vehicle. He posted them for sale on the internet, according to a statement from the U.S. Attorney’s Office.\u003c/p>\n\u003cp>Hart was arraigned Monday afternoon and pleaded not guilty to 13 charges, including conspiracy, sale of prohibited materials and illegal importation, the statement said.\u003c/p>\n\u003cp>It’s the first prosecution in the U.S. to include charges related to a 2020 law that prohibits the importation of hydrofluorocarbons, commonly used as refrigerants, without permission from the Environmental Protection Agency, according to prosecutors.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"U.S. Attorney Tara McGrath","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,” U.S. Attorney Tara McGrath said in a statement. “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”\u003c/p>\n\u003cp>Hydrofluorocarbons are regulated under the Clean Air Act. They are used in refrigeration, air-conditioning, building insulation, fire extinguishing systems and aerosols.\u003c/p>\n\u003cp>Hart was ordered to return to court on March 25.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11978125/california-man-faces-first-ever-us-charges-for-smuggling-greenhouse-gases","authors":["byline_news_11978125"],"categories":["news_8"],"tags":["news_18538","news_20962","news_27626","news_30178","news_2403","news_4486","news_21038"],"featImg":"news_11978126","label":"news"},"news_11964707":{"type":"posts","id":"news_11964707","meta":{"index":"posts_1591205157","site":"news","id":"11964707","score":null,"sort":[1697623235000]},"guestAuthors":[],"slug":"ee-solutions","title":"As US Wildfires Pollute the Skies, a Loophole is Obscuring the Impact. Can it be Fixed?","publishDate":1697623235,"format":"standard","headTitle":"As US Wildfires Pollute the Skies, a Loophole is Obscuring the Impact. Can it be Fixed? | KQED","labelTerm":{"site":"news"},"content":"\u003cp>During wildfire season in the western U.S., soot-clogged skies have long triggered public alerts with advice like: \u003cem>Shut the windows and stay indoors\u003c/em>. For those who can afford it: \u003cem>Use an air filter\u003c/em>. As Canadian wildfire smoke curled down to Kentucky this year, officials began to do the same thing.\u003c/p>\n\u003cp>On alert days, “smoke’s there when you wake up in the morning, it’s there when you’re going to bed at night,” said Michelle King, the assistant director of the Louisville Metro Air Pollution Control District.\u003c/p>\n\u003cp>She and other regulators say they’re working on how to communicate about smoke — something she anticipates doing more often.\u003c/p>\n\u003cp>“We collectively are seeing, more and more, the very real impacts of climate change, and no reason to think that is slowing down or going away,” King said. “I think that this is a new normal.”\u003c/p>\n\u003cp>From the Midwest to the mid-Atlantic, more U.S. states are laboring to understand how and when smoke will make meeting federal health standards harder.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The best advice a Boy Scout will give you is, ‘Don’t stand downwind of the campfire,’” said Frank Steitz, an assistant director at the New Jersey Department of Environmental Protection.\u003c/p>\n\u003cp>“But what if you can’t? What if you can’t avoid it?”\u003c/p>\n\u003cp>An obscure part of the Clean Air Act grants regulators an opening to “forgive” air pollution from wildfires, meaning that it doesn’t count against air-quality goals. After wildfires flourished across North America this year, more U.S. states east of the Mississippi may use this exceptional events rule to subtract smoke from the record, if not from the air we breathe.\u003c/p>\n\u003cp>But these exceptional events are no longer exceptional, and the requests to obscure them from air-quality records are more common, according to an investigation from \u003cem>The Guardian\u003c/em>, \u003cem>The California Newsroom\u003c/em> and \u003cem>MuckRock\u003c/em>. Without reform, the exceptional events rule is likely to become a regularly used tool, one that experts warn may divert resources or distract from addressing the growing problem of wildfire smoke.\u003c/p>\n\u003cp>Finding common ground to change U.S. clean air law is rare. But on wildfire smoke, academics, environmental advocates and some regulators agree: it’s time to reconsider our approach.\u003c/p>\n\u003cfigure id=\"attachment_11964710\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964710\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-800x533.jpg\" alt=\"A man wearing neon yellow shirt with silver stripes hands another man a flag over a fence.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dave Jefferis hands a flag he rescued from burning to his neighbor, Jim Marchio. Both stayed behind to defend their homes from the River Fire on Wednesday, Aug. 4, 2021. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re going to have to think bigger when it comes to solutions. We’re just getting there,” said Jodi Bechtel, the assistant director for the Department of Environment and Sustainability in Clark County, Nevada. “I cringe at the idea of amending the Clean Air Act because that is such a heavy lift. But I think we’re at the point where the way it’s written and the expectations in it almost aren’t working anymore.”\u003c/p>\n\u003cp>This year, said Michael Benjamin, the air quality and planning chief at the California Air Resources Board (CARB), and his western colleagues “felt really bad” for eastern cities affected by Canadian fires. “But part of us, especially when it was impacting Washington D.C., we said, well, good,” he remembered. “Now the policymakers really understand what it means to be exposed to wildfire smoke. And maybe they’ll start to think seriously about how to mitigate it.”\u003c/p>\n\u003ch2>A growing problem\u003c/h2>\n\u003cp>Smoke from wildland fires is reversing a continent-wide, decades-long trend toward bluer skies, according to recent Stanford University studies.\u003cbr>\nA warming climate has helped to set the stage for wildfires to burn hotter and bigger. “Stopping them or making them less severe is going to be very hard and going to involve intervention on a scale that we’re just currently not prepared or able to do,” said the environmental scientist Marshall Burke, one of the leaders of Stanford’s work.\u003c/p>\n\u003cp>At the same time the likelihood of wildfires grows, the U.S. is considering making stricter goals for ground-level ozone and fine particulate, pointing to an avalanche of studies documenting health impacts. The Biden administration has delayed plans to take action on ozone until after next year’s election. On fine particulates, a contentious public rule-making is expected to yield a more strict standard any day now.\u003c/p>\n\u003cp>Yet in the face of growing risk, and in anticipation of tighter limits on these types of pollution, state and local governments have been clear: they will turn to exceptional events for relief more often, even if the process is arduous.\u003c/p>\n\u003cp>“Lowering the annual standard will require more exceptional event demonstrations, resulting in a significant increase in workload for the state of Arizona and Maricopa County, with no benefit to air quality or public health,” wrote the county’s department of air quality, commenting on the EPA’s proposed soot standard.\u003c/p>\n\u003cfigure id=\"attachment_11964709\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964709\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-800x599.jpg\" alt=\"A firefighter uses an instrument to douse flames in a forest.\" width=\"800\" height=\"599\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-800x599.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1020x764.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1536x1151.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-2048x1535.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1920x1439.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A prescribed fire in Hayfork on April 10, 2019. Advocates for the practice of setting planned burns to manage lands and minimize wildfire risk say the exceptional events rule gets in the way. \u003ccite>(Molly Peterson/California Newsroom)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There’s going to be much more pressure on regulatory agencies to take advantage of exceptional events,” added CARB’s Benjamin. “Sometimes people don’t understand what attainment means, and under the Clean Air Act, it’s not necessarily that you’re breathing clean air, it’s that you’re meeting these requirements that are defined by the federal government.”\u003c/p>\n\u003cp>Meanwhile, public agencies and other air policy observers argue that the exceptional events rule effectively undermines one of the few tools states have to combat wildfires: beneficial or “prescribed” burns.\u003c/p>\n\u003cp>Originated by Native Americans, controlled application of fire to wildlands reduces the risk of catastrophic infernos by clearing underbrush, pine needle beds and other fuels that make forests prone to burning. Federal and state agencies say that increasing this “good fire” is a priority. The EPA modified exceptional events guidelines in 2016, in part to do just that. But not a single prescribed fire has been forgiven under the exceptional events rule since then.\u003c/p>\n\u003cp>A group of 86 western scientists, researchers and advocates say that local regulators are not permitting prescribed fires because they fear they could create too much smoke — the kind that warrants exceptional events. “The current statutory scheme is selecting for the very worst type of fire when it comes to public health,” they told the EPA.\u003c/p>\n\u003cp>Near the California-Oregon border, the Mid Klamath Watershed Council advocates for a healthy ecosystem, which the director, Will Harling, said includes the return of beneficial fire. Obstacles to such planned burns, coupled with forgiveness offered wildfires, he said, are why his children “have smoked the equivalent of about 20,000 packs of cigarettes while they’re in their teens”.\u003c/p>\n\u003cp>“Just because they scrub that out of the record doesn’t mean that smoke isn’t in their lungs,” he said.\u003c/p>\n\u003cp>EPA spokesperson Khanya Brann, responding to our questions in writing, confirmed that exceptional events “could result in the removal of event-influenced data from the data set used to make certain regulatory decisions.”\u003c/p>\n\u003cp>Brann wrote that local air regulators must meet requirements in the exceptional events process, such as taking “appropriate and reasonable actions to protect public health.”\u003c/p>\n\u003ch2>Pathways to reform\u003c/h2>\n\u003cp>Across the political spectrum, experts, advocates and states say it’s time to change the exceptional events rule. They offer vastly different ideas about what that change should look like.\u003c/p>\n\u003cp>States and their advocates generally seek liberation from regulatory paperwork. Republican senators, led by Shelley Moore Capito of West Virginia, recently introduced legislation aimed in part at making filing for exceptional events easier.\u003c/p>\n\u003cp>Similarly, the Western Governors’ Association has argued for greater state flexibility, complaining both that “the rule is resource intensive, costly, and place[s] a significant burden on strained state resources”, and that regulators are slow to act on it. The nonpartisan association suggested to lawmakers that rules should permit more complicated multistate exceptions.\u003c/p>\n\u003cp>We can’t fix it, goes the reasoning, so why should we be punished for it?\u003c/p>\n\u003cp>The EPA, for its part, maintains it is following the law. “The Clean Air Act requires the agency to address emissions from natural events such as wildfires differently than emissions from industrial or mobile sources that EPA and Tribal, state and local air agency regulations can control,” Brann wrote.\u003c/p>\n\u003cp>Independent clean-air watchdogs emphasize instead that the mission of the Environmental Protection Agency is to protect public health.\u003c/p>\n\u003cfigure id=\"attachment_11964711\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964711\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-800x533.jpg\" alt=\"Smoke from a massive wildfire with a road in the distance.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Salt Fire burns in Shasta County, as seen from I-5 June 30, 2021. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That could mean stepping up enforcement, said Eric Schaeffer, the executive director of the Environmental Integrity Project, a non-profit that advocates for transparency. Plenty of controls already on the books could work better, he said, including more frequent inspections and better monitoring systems for known polluters. “There’s always more that can be done,” he said.\u003c/p>\n\u003cp>Michigan attorney Nick Leonard, who represents fence-line communities where Canadian smoke has mingled with routine local pollution, called the exceptional events rule a “misapplication” of the Clean Air Act and pointed out that local air regulators could simply stop using it. “It’s sort of creating this alternative reality,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11964713\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964713\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-800x533.jpg\" alt=\"A hazy view of skyscrapers.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hazy New York City skylines during bad air quality on June 7, 2023, due to smoke from Canadian wildfires brought in by wind. \u003ccite>(Lev Radin/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Though the EPA strips exceptional events-related data from regulatory use, epidemiologists and health experts continue to analyze air quality using unmodified data, \u003ca href=\"https://aqs.epa.gov/aqsweb/airdata/download_files.html\">which remains available.\u003c/a> In its annual State of the Air report, the American Lung Association has always included pollution exceedances that exceptional events would leave out, said Will Barrett, a clean-air expert for the group.\u003c/p>\n\u003cp>“Those are unhealthy air days,” Barrett said. “Ultimately, your lungs don’t care if the pollution is classified as an exceptional event under an obscure federal law.”\u003c/p>\n\u003ch2>‘A warning light on the dashboard for the Clean Air Act’\u003c/h2>\n\u003cp>For the summer of 2023, more than 20 states so far, from Wyoming to Wisconsin to North Carolina, have flagged air-quality readings that were far higher than normal. Most of these days came in June, as skies in the midwest and eastern U.S. were blanketed with Canadian wildfire smoke.\u003c/p>\n\u003cfigure id=\"attachment_11964714\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964714\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-800x533.jpg\" alt=\"A man wearing a face mask rides a bike in a city with cars and people moving in the background.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Many New Yorkers wore face masks on June 7, 2023, because of bad air quality brought in by smoke from Canadian wildfires. \u003ccite>(Lev Radin/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Wildfire smoke knows no borders. Unlike refineries, wildfires have no scrubbers. You can’t shut them down. But the Clean Air Act, whose pollution controls have saved millions of lives, affords the agency responsible for healthy air no direct authority to manage lands that burn.\u003c/p>\n\u003cp>Instead, the EPA’s response to this fast-growing source of soot, ash and toxic chemicals has been “ad hoc” and muddled by a lack of coordination with other agencies, according to a Congressional watchdog’s report earlier this year.\u003c/p>\n\u003cp>EPA spokesperson Brann wrote that the agency “supports efforts by agencies across the federal government — including the U.S. Department of Agriculture and the Department of the Interior, as well as interagency forums such as the Wildland Fire Leadership Council — to implement and further develop strategies to reduce wildfire risk, and to help communities prepare for, respond to, and recover from wildfires.”\u003c/p>\n\u003cfigure id=\"attachment_11964715\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964715\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-800x532.jpg\" alt=\"A hazy view of a city skyline.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1920x1278.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Canadian wildfire smoke obscures the Chicago skyline on June 29, 2023. \u003ccite>(Dave Jonasen/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The growing use of the exceptional events rule reveals “a poorer and poorer fit between the policy we have and the problems it’s trying to solve”, said Stanford University’s Michael Wara.\u003c/p>\n\u003cp>He called the rule “a warning light on the dashboard for the Clean Air Act”.\u003c/p>\n\u003cp>To heed it, say experts, it’s essential to adapt the law to the conditions under which we already breathe.\u003c/p>\n\u003cp>“If fires are going to become more widespread and more predictable, then that changes the calculus for air-quality determinations,” said Schaeffer of the Environmental Integrity Project. “You have to assume that’s part of your baseline now.”\u003c/p>\n\u003cp>The landmark law protecting air quality wasn’t created to deal with global heating. But the policies of the past are colliding with the problems of the future.\u003c/p>\n\u003cfigure id=\"attachment_11964716\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964716\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-800x526.png\" alt=\"A hazy view of a bridge.\" width=\"800\" height=\"526\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-800x526.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1020x671.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1536x1010.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-2048x1347.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1920x1263.png 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Brooklyn Bridge shrouded in Canadian wildfire smoke this summer. \u003ccite>(Brigid Bergin/Gothamist)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The Clean Air Act should really include climate,” said Benjamin of CARB.\u003c/p>\n\u003cp>“States who have tried to keep these things separate — to keep climate change and exposure to local air pollution as two distinct things — I don’t think they’re going to be able to maintain that indefinitely,” he said.\u003c/p>\n\u003cp>A key assumption of air pollution policy, said Wara, has been that we are in control: “Climate change is kind of making a mockery of that.”\u003cbr>\nThe obligation to protect people from polluted air remains, he added: “That’s really what the Clean Air Act is supposed to do, is keep people safe.”\u003c/p>\n\u003cp>While he was in college, Moiz Mir lived under an orange sky in Sacramento, California, for weeks because of the Camp Fire; some of that pollution was forgiven in nearby Nevada county as an exceptional event. His neighbors didn’t understand the risks of smoke then, or know where to get masks. He began to warn them, to educate himself, and to learn from other fire-prone communities how to cope.\u003c/p>\n\u003cp>Smoke, he said, “made a permanent and lasting impact” on his psyche and life path. Now 26 years old and a grassroots climate activist, he points out that “in crisis, people look to authority for answers.”\u003c/p>\n\u003cp>They’re still looking, as the smoke thickens.\u003c/p>\n\u003cp>“We were thinking like the impacts of climate change were distant,” Mir said. “But now, it’s quite literally the air that I breathe.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Manola Secaira contributed to this report.\u003cbr>\nSmoke, Screened: The Clean Air Act’s Dirty Secret is a collaboration of The California Newsroom, MuckRock \u003c/em>and \u003cem>The Guardian. Molly Peterson is a reporter for The California Newsroom. Dillon Bergin is a data reporter for MuckRock. Andrew Witherspoon is a data reporter for The Guardian.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Everyone agrees it’s time to change the Clean Air Act's exceptional events rule, but has different solutions.","status":"publish","parent":0,"modified":1697585722,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":53,"wordCount":2485},"headData":{"title":"As US Wildfires Pollute the Skies, a Loophole is Obscuring the Impact. Can it be Fixed? | KQED","description":"Everyone agrees it’s time to change the Clean Air Act's exceptional events rule, but has different solutions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"As US Wildfires Pollute the Skies, a Loophole is Obscuring the Impact. Can it be Fixed?","datePublished":"2023-10-18T10:00:35.000Z","dateModified":"2023-10-17T23:35:22.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Molly Peterson, Dillon Bergin, Emily Zentner and Andrew Witherspoon ","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11964707/ee-solutions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>During wildfire season in the western U.S., soot-clogged skies have long triggered public alerts with advice like: \u003cem>Shut the windows and stay indoors\u003c/em>. For those who can afford it: \u003cem>Use an air filter\u003c/em>. As Canadian wildfire smoke curled down to Kentucky this year, officials began to do the same thing.\u003c/p>\n\u003cp>On alert days, “smoke’s there when you wake up in the morning, it’s there when you’re going to bed at night,” said Michelle King, the assistant director of the Louisville Metro Air Pollution Control District.\u003c/p>\n\u003cp>She and other regulators say they’re working on how to communicate about smoke — something she anticipates doing more often.\u003c/p>\n\u003cp>“We collectively are seeing, more and more, the very real impacts of climate change, and no reason to think that is slowing down or going away,” King said. “I think that this is a new normal.”\u003c/p>\n\u003cp>From the Midwest to the mid-Atlantic, more U.S. states are laboring to understand how and when smoke will make meeting federal health standards harder.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The best advice a Boy Scout will give you is, ‘Don’t stand downwind of the campfire,’” said Frank Steitz, an assistant director at the New Jersey Department of Environmental Protection.\u003c/p>\n\u003cp>“But what if you can’t? What if you can’t avoid it?”\u003c/p>\n\u003cp>An obscure part of the Clean Air Act grants regulators an opening to “forgive” air pollution from wildfires, meaning that it doesn’t count against air-quality goals. After wildfires flourished across North America this year, more U.S. states east of the Mississippi may use this exceptional events rule to subtract smoke from the record, if not from the air we breathe.\u003c/p>\n\u003cp>But these exceptional events are no longer exceptional, and the requests to obscure them from air-quality records are more common, according to an investigation from \u003cem>The Guardian\u003c/em>, \u003cem>The California Newsroom\u003c/em> and \u003cem>MuckRock\u003c/em>. Without reform, the exceptional events rule is likely to become a regularly used tool, one that experts warn may divert resources or distract from addressing the growing problem of wildfire smoke.\u003c/p>\n\u003cp>Finding common ground to change U.S. clean air law is rare. But on wildfire smoke, academics, environmental advocates and some regulators agree: it’s time to reconsider our approach.\u003c/p>\n\u003cfigure id=\"attachment_11964710\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964710\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-800x533.jpg\" alt=\"A man wearing neon yellow shirt with silver stripes hands another man a flag over a fence.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/River-Fire.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dave Jefferis hands a flag he rescued from burning to his neighbor, Jim Marchio. Both stayed behind to defend their homes from the River Fire on Wednesday, Aug. 4, 2021. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re going to have to think bigger when it comes to solutions. We’re just getting there,” said Jodi Bechtel, the assistant director for the Department of Environment and Sustainability in Clark County, Nevada. “I cringe at the idea of amending the Clean Air Act because that is such a heavy lift. But I think we’re at the point where the way it’s written and the expectations in it almost aren’t working anymore.”\u003c/p>\n\u003cp>This year, said Michael Benjamin, the air quality and planning chief at the California Air Resources Board (CARB), and his western colleagues “felt really bad” for eastern cities affected by Canadian fires. “But part of us, especially when it was impacting Washington D.C., we said, well, good,” he remembered. “Now the policymakers really understand what it means to be exposed to wildfire smoke. And maybe they’ll start to think seriously about how to mitigate it.”\u003c/p>\n\u003ch2>A growing problem\u003c/h2>\n\u003cp>Smoke from wildland fires is reversing a continent-wide, decades-long trend toward bluer skies, according to recent Stanford University studies.\u003cbr>\nA warming climate has helped to set the stage for wildfires to burn hotter and bigger. “Stopping them or making them less severe is going to be very hard and going to involve intervention on a scale that we’re just currently not prepared or able to do,” said the environmental scientist Marshall Burke, one of the leaders of Stanford’s work.\u003c/p>\n\u003cp>At the same time the likelihood of wildfires grows, the U.S. is considering making stricter goals for ground-level ozone and fine particulate, pointing to an avalanche of studies documenting health impacts. The Biden administration has delayed plans to take action on ozone until after next year’s election. On fine particulates, a contentious public rule-making is expected to yield a more strict standard any day now.\u003c/p>\n\u003cp>Yet in the face of growing risk, and in anticipation of tighter limits on these types of pollution, state and local governments have been clear: they will turn to exceptional events for relief more often, even if the process is arduous.\u003c/p>\n\u003cp>“Lowering the annual standard will require more exceptional event demonstrations, resulting in a significant increase in workload for the state of Arizona and Maricopa County, with no benefit to air quality or public health,” wrote the county’s department of air quality, commenting on the EPA’s proposed soot standard.\u003c/p>\n\u003cfigure id=\"attachment_11964709\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964709\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-800x599.jpg\" alt=\"A firefighter uses an instrument to douse flames in a forest.\" width=\"800\" height=\"599\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-800x599.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1020x764.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1536x1151.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-2048x1535.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_7960-1920x1439.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A prescribed fire in Hayfork on April 10, 2019. Advocates for the practice of setting planned burns to manage lands and minimize wildfire risk say the exceptional events rule gets in the way. \u003ccite>(Molly Peterson/California Newsroom)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There’s going to be much more pressure on regulatory agencies to take advantage of exceptional events,” added CARB’s Benjamin. “Sometimes people don’t understand what attainment means, and under the Clean Air Act, it’s not necessarily that you’re breathing clean air, it’s that you’re meeting these requirements that are defined by the federal government.”\u003c/p>\n\u003cp>Meanwhile, public agencies and other air policy observers argue that the exceptional events rule effectively undermines one of the few tools states have to combat wildfires: beneficial or “prescribed” burns.\u003c/p>\n\u003cp>Originated by Native Americans, controlled application of fire to wildlands reduces the risk of catastrophic infernos by clearing underbrush, pine needle beds and other fuels that make forests prone to burning. Federal and state agencies say that increasing this “good fire” is a priority. The EPA modified exceptional events guidelines in 2016, in part to do just that. But not a single prescribed fire has been forgiven under the exceptional events rule since then.\u003c/p>\n\u003cp>A group of 86 western scientists, researchers and advocates say that local regulators are not permitting prescribed fires because they fear they could create too much smoke — the kind that warrants exceptional events. “The current statutory scheme is selecting for the very worst type of fire when it comes to public health,” they told the EPA.\u003c/p>\n\u003cp>Near the California-Oregon border, the Mid Klamath Watershed Council advocates for a healthy ecosystem, which the director, Will Harling, said includes the return of beneficial fire. Obstacles to such planned burns, coupled with forgiveness offered wildfires, he said, are why his children “have smoked the equivalent of about 20,000 packs of cigarettes while they’re in their teens”.\u003c/p>\n\u003cp>“Just because they scrub that out of the record doesn’t mean that smoke isn’t in their lungs,” he said.\u003c/p>\n\u003cp>EPA spokesperson Khanya Brann, responding to our questions in writing, confirmed that exceptional events “could result in the removal of event-influenced data from the data set used to make certain regulatory decisions.”\u003c/p>\n\u003cp>Brann wrote that local air regulators must meet requirements in the exceptional events process, such as taking “appropriate and reasonable actions to protect public health.”\u003c/p>\n\u003ch2>Pathways to reform\u003c/h2>\n\u003cp>Across the political spectrum, experts, advocates and states say it’s time to change the exceptional events rule. They offer vastly different ideas about what that change should look like.\u003c/p>\n\u003cp>States and their advocates generally seek liberation from regulatory paperwork. Republican senators, led by Shelley Moore Capito of West Virginia, recently introduced legislation aimed in part at making filing for exceptional events easier.\u003c/p>\n\u003cp>Similarly, the Western Governors’ Association has argued for greater state flexibility, complaining both that “the rule is resource intensive, costly, and place[s] a significant burden on strained state resources”, and that regulators are slow to act on it. The nonpartisan association suggested to lawmakers that rules should permit more complicated multistate exceptions.\u003c/p>\n\u003cp>We can’t fix it, goes the reasoning, so why should we be punished for it?\u003c/p>\n\u003cp>The EPA, for its part, maintains it is following the law. “The Clean Air Act requires the agency to address emissions from natural events such as wildfires differently than emissions from industrial or mobile sources that EPA and Tribal, state and local air agency regulations can control,” Brann wrote.\u003c/p>\n\u003cp>Independent clean-air watchdogs emphasize instead that the mission of the Environmental Protection Agency is to protect public health.\u003c/p>\n\u003cfigure id=\"attachment_11964711\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964711\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-800x533.jpg\" alt=\"Smoke from a massive wildfire with a road in the distance.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Saltfire.jpg 1200w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Salt Fire burns in Shasta County, as seen from I-5 June 30, 2021. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That could mean stepping up enforcement, said Eric Schaeffer, the executive director of the Environmental Integrity Project, a non-profit that advocates for transparency. Plenty of controls already on the books could work better, he said, including more frequent inspections and better monitoring systems for known polluters. “There’s always more that can be done,” he said.\u003c/p>\n\u003cp>Michigan attorney Nick Leonard, who represents fence-line communities where Canadian smoke has mingled with routine local pollution, called the exceptional events rule a “misapplication” of the Clean Air Act and pointed out that local air regulators could simply stop using it. “It’s sort of creating this alternative reality,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11964713\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964713\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-800x533.jpg\" alt=\"A hazy view of skyscrapers.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306199-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hazy New York City skylines during bad air quality on June 7, 2023, due to smoke from Canadian wildfires brought in by wind. \u003ccite>(Lev Radin/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Though the EPA strips exceptional events-related data from regulatory use, epidemiologists and health experts continue to analyze air quality using unmodified data, \u003ca href=\"https://aqs.epa.gov/aqsweb/airdata/download_files.html\">which remains available.\u003c/a> In its annual State of the Air report, the American Lung Association has always included pollution exceedances that exceptional events would leave out, said Will Barrett, a clean-air expert for the group.\u003c/p>\n\u003cp>“Those are unhealthy air days,” Barrett said. “Ultimately, your lungs don’t care if the pollution is classified as an exceptional event under an obscure federal law.”\u003c/p>\n\u003ch2>‘A warning light on the dashboard for the Clean Air Act’\u003c/h2>\n\u003cp>For the summer of 2023, more than 20 states so far, from Wyoming to Wisconsin to North Carolina, have flagged air-quality readings that were far higher than normal. Most of these days came in June, as skies in the midwest and eastern U.S. were blanketed with Canadian wildfire smoke.\u003c/p>\n\u003cfigure id=\"attachment_11964714\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964714\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-800x533.jpg\" alt=\"A man wearing a face mask rides a bike in a city with cars and people moving in the background.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2314306239-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Many New Yorkers wore face masks on June 7, 2023, because of bad air quality brought in by smoke from Canadian wildfires. \u003ccite>(Lev Radin/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Wildfire smoke knows no borders. Unlike refineries, wildfires have no scrubbers. You can’t shut them down. But the Clean Air Act, whose pollution controls have saved millions of lives, affords the agency responsible for healthy air no direct authority to manage lands that burn.\u003c/p>\n\u003cp>Instead, the EPA’s response to this fast-growing source of soot, ash and toxic chemicals has been “ad hoc” and muddled by a lack of coordination with other agencies, according to a Congressional watchdog’s report earlier this year.\u003c/p>\n\u003cp>EPA spokesperson Brann wrote that the agency “supports efforts by agencies across the federal government — including the U.S. Department of Agriculture and the Department of the Interior, as well as interagency forums such as the Wildland Fire Leadership Council — to implement and further develop strategies to reduce wildfire risk, and to help communities prepare for, respond to, and recover from wildfires.”\u003c/p>\n\u003cfigure id=\"attachment_11964715\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964715\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-800x532.jpg\" alt=\"A hazy view of a city skyline.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/shutterstock_2324780883-1920x1278.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Canadian wildfire smoke obscures the Chicago skyline on June 29, 2023. \u003ccite>(Dave Jonasen/Shutterstock)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The growing use of the exceptional events rule reveals “a poorer and poorer fit between the policy we have and the problems it’s trying to solve”, said Stanford University’s Michael Wara.\u003c/p>\n\u003cp>He called the rule “a warning light on the dashboard for the Clean Air Act”.\u003c/p>\n\u003cp>To heed it, say experts, it’s essential to adapt the law to the conditions under which we already breathe.\u003c/p>\n\u003cp>“If fires are going to become more widespread and more predictable, then that changes the calculus for air-quality determinations,” said Schaeffer of the Environmental Integrity Project. “You have to assume that’s part of your baseline now.”\u003c/p>\n\u003cp>The landmark law protecting air quality wasn’t created to deal with global heating. But the policies of the past are colliding with the problems of the future.\u003c/p>\n\u003cfigure id=\"attachment_11964716\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11964716\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-800x526.png\" alt=\"A hazy view of a bridge.\" width=\"800\" height=\"526\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-800x526.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1020x671.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1536x1010.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-2048x1347.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/Screen-Shot-2023-10-13-at-9.40.42-AM-1920x1263.png 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Brooklyn Bridge shrouded in Canadian wildfire smoke this summer. \u003ccite>(Brigid Bergin/Gothamist)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The Clean Air Act should really include climate,” said Benjamin of CARB.\u003c/p>\n\u003cp>“States who have tried to keep these things separate — to keep climate change and exposure to local air pollution as two distinct things — I don’t think they’re going to be able to maintain that indefinitely,” he said.\u003c/p>\n\u003cp>A key assumption of air pollution policy, said Wara, has been that we are in control: “Climate change is kind of making a mockery of that.”\u003cbr>\nThe obligation to protect people from polluted air remains, he added: “That’s really what the Clean Air Act is supposed to do, is keep people safe.”\u003c/p>\n\u003cp>While he was in college, Moiz Mir lived under an orange sky in Sacramento, California, for weeks because of the Camp Fire; some of that pollution was forgiven in nearby Nevada county as an exceptional event. His neighbors didn’t understand the risks of smoke then, or know where to get masks. He began to warn them, to educate himself, and to learn from other fire-prone communities how to cope.\u003c/p>\n\u003cp>Smoke, he said, “made a permanent and lasting impact” on his psyche and life path. Now 26 years old and a grassroots climate activist, he points out that “in crisis, people look to authority for answers.”\u003c/p>\n\u003cp>They’re still looking, as the smoke thickens.\u003c/p>\n\u003cp>“We were thinking like the impacts of climate change were distant,” Mir said. “But now, it’s quite literally the air that I breathe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Manola Secaira contributed to this report.\u003cbr>\nSmoke, Screened: The Clean Air Act’s Dirty Secret is a collaboration of The California Newsroom, MuckRock \u003c/em>and \u003cem>The Guardian. Molly Peterson is a reporter for The California Newsroom. Dillon Bergin is a data reporter for MuckRock. Andrew Witherspoon is a data reporter for The Guardian.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964707/ee-solutions","authors":["byline_news_11964707"],"categories":["news_19906","news_8"],"tags":["news_2928","news_20962","news_33348","news_27626","news_33347"],"featImg":"news_11964712","label":"news"},"news_11964447":{"type":"posts","id":"news_11964447","meta":{"index":"posts_1591205157","site":"news","id":"11964447","score":null,"sort":[1697450447000]},"guestAuthors":[],"slug":"what-is-the-exceptional-events-rule-the-loophole-letting-us-regulators-wipe-air-pollution-from-the-record","title":"What Is the Exceptional Events Rule? The Loophole Letting US Regulators Wipe Air Pollution From the Record","publishDate":1697450447,"format":"standard","headTitle":"What Is the Exceptional Events Rule? The Loophole Letting US Regulators Wipe Air Pollution From the Record | KQED","labelTerm":{"site":"news"},"content":"\u003cp>When smoke from the Camp Fire poured down over northern California in 2018, schools across the region closed to protect kids from breathing dangerous air. When wildfires blanketed the Willamette Valley with soot and ash in 2020, hundreds of Oregonians sought urgent care for shortness of breath, headaches and asthma. When Canadian wildfire smoke made its way to Michigan last year, ozone levels in Detroit spiked to levels that caused officials to warn residents sensitive to air pollution to take extra care.\u003c/p>\n\u003cp>In each of those cases, the U.S. Environmental Protection Agency (EPA), the federal agency that oversees air quality, allowed local air regulators to strike the pollution caused by these events from air-quality records, using a mostly overlooked legal tool called the “exceptional events rule,” which allows pollution caused by “uncontrollable” events to be forgiven.\u003c/p>\n\u003cp>A new investigation from The California Newsroom, MuckRock and \u003cem>The Guardian\u003c/em> found that local regulators are turning to the exceptional events rule for wildfires more and more often to reach air quality goals — goals that are harder to meet as the climate crisis gets worse.\u003c/p>\n\u003cp>The review of thousands of documents, which include regulatory filings, emails and scientific analyses, also found several examples of industry groups working hand in hand with local regulators to get these exemptions.\u003c/p>\n\u003cp>The increasing use of the rule for wildfires, experts say, not only obscures health risks to people across the U.S., but undermines the goals of the landmark Clean Air Act.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nick Leonard, who directs the Great Lakes Environmental Law Center in Detroit, Michigan, sees the problem in fairly simple terms: The growing threat of wildfire smoke is exacerbated by climate change. Climate change has been fueled by the oil and gas industry. Their lobbyists, in turn, have pushed states to use the exceptional events rule as much as possible, slowing progress to address air pollution at the local level.\u003c/p>\n\u003cp>“EPA’s had a stake in this problem for a long time. States have had a stake in this problem for a long time. Private companies have had a stake in this problem for a long time,” Leonard said. “And now when that problem is coming home to roost, they’re saying, ‘Well, who could have seen this coming?’”\u003c/p>\n\u003cp>\u003cimg decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-11964450\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1.png\" alt=\"Map showing smoke density \" width=\"1240\" height=\"1472\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1.png 1240w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-800x950.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-1020x1211.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-160x190.png 160w\" sizes=\"(max-width: 1240px) 100vw, 1240px\">\u003c/p>\n\u003ch2>A Republican senator’s crusade\u003c/h2>\n\u003cp>The driving force behind the exceptional events rule was Jim Inhofe, the former Republican senator from Oklahoma who, for decades, \u003ca href=\"https://www.theguardian.com/environment/2015/jan/22/us-senate-man-climate-change-global-warming-hoax\">called climate change a hoax\u003c/a>.\u003c/p>\n\u003cp>In the spring of 1998, air quality managers in his home state found themselves in a tough spot. A wildfire on Mexico’s drought-stricken Yucatán peninsula had sent acrid smoke north, and around that time Oklahoma City exceeded its pollution limits. If the soot and ozone stayed on the books, they’d have to tighten controls on known local polluters. Instead, they argued to the EPA that the pollution shouldn’t count because it came from a wildfire, and so was “natural” and “uncontrollable.”\u003c/p>\n\u003cp>The EPA turned air quality managers down, to Inhofe’s frustration.\u003c/p>\n\u003cfigure id=\"attachment_11964452\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11964452\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281.jpg\" alt=\"Telephone pole tipped over, pulling down wires, amid smoky air\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A fallen power line on Nunneley Road in Paradise, Butte County, on Nov. 13, 2018. \u003ccite>(Smoke lingers in the air in Paradise, California on November 13, 2018. Photograph: Anne Wernikoff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He held several hearings and meetings, grilling the EPA. He thought local regulators should have more discretion to ignore pollution — including the kinds that are hard to control.\u003c/p>\n\u003cp>Until then, no formal rule in the Clean Air Act allowed that. The EPA did have a policy, infrequently used in the 1980s and 1990s, that allowed local governments to write off some wildfire smoke on a case-by-case-basis as “unrealistic to control” or “impractical to fully control.” That wasn’t enough for the pro-business senator.\u003c/p>\n\u003cp>Inhofe’s years-long crusade succeeded. Once added to the Clean Air Act, the “exceptional events” rule enabled regulators to erase pollution — not from the sky, but from records used to make regulatory decisions. Since 2007, local officials have been able to request that pollution data be excluded from clean air determinations when it comes from an array of events, from volcanoes to fireworks to “unusual traffic circumstances,” and the fastest-growing event of all: wildfires.\u003c/p>\n\u003cp>“The purpose of the amendment was deregulatory, to be sure,” said John Walke, a lawyer for the Natural Resources Defense Council (NRDC), a nonprofit environmental advocacy organization.\u003c/p>\n\u003cp>\u003cimg decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-11964451\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1.png\" alt=\"\" width=\"1720\" height=\"906\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1.png 1720w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-800x421.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-1020x537.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-160x84.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-1536x809.png 1536w\" sizes=\"(max-width: 1720px) 100vw, 1720px\">\u003c/p>\n\u003ch2>A regulatory escape hatch\u003c/h2>\n\u003cp>The exceptional events rule functions as a regulatory escape hatch. When soot and ozone drift in from “natural” sources like wildfires, regulators can ask the EPA for an exception. If the federal agency grants it, that air pollution is erased from the regulatory record and disregarded in regulatory decisions.\u003c/p>\n\u003cp>Local air officials often spend months, using publicly funded atmospheric modelling and meteorological data, to create hundreds of pages documenting why pollution exceedances shouldn’t count — sometimes with the help of industry-funded consultants.\u003c/p>\n\u003cp>Because justifying an exceptional event is complicated and expensive, guidance from the EPA directs regulators to apply the rule only when it has regulatory significance, including meeting federal air standards — or, in regulator speak, achieving “attainment.”\u003c/p>\n\u003cp>Attainment communicates to the public that the air meets conditions regulators have deemed healthy. It helps people decide where to live and work. The meeting of standards loosens both federal funding for transportation and pollution controls for factories.\u003c/p>\n\u003ch2>What we studied, and what we found\u003c/h2>\n\u003cp>No other rule works like exceptional events to discount recorded pollution from consideration by regulators. We requested hard-to-find EPA data about exceptional events. We reviewed thousands of pages of written material, including correspondence, materials related to contracting, and \u003ca href=\"https://www.documentcloud.org/projects/exceptional-event-demonstrations-215472/\">what are called “demonstrations” (DOC)\u003c/a> of these events — basically, descriptions of toxic events regulators don’t want to be responsible for.\u003c/p>\n\u003cp>Our \u003ca href=\"https://www.muckrock.com/news/archives/2023/oct/16/smoke-screened-methodology/\">analysis \u003c/a>shows that:\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">Since 2016, local regulators have flagged almost 700 exceptional events to the EPA. The agency agreed to adjust \u003ca href=\"https://github.com/MuckRock/air-quality-exceptional-events\">the data\u003c/a> on 139 of them.\u003c/li>\n\u003cli style=\"font-weight: 400\">The adjustments were allowed in more than 70 counties across 20 states.\u003c/li>\n\u003cli style=\"font-weight: 400\">More than 21 million Americans live in areas where an adjustment \u003ca href=\"https://www.documentcloud.org/projects/final-agency-actions-215474/\">allowed local regulators to claim (DOC)\u003c/a> the area had met strict national health standards or that the air was cleaner than it actually was.\u003c/li>\n\u003cli style=\"font-weight: 400\">On three-fourths of the days exceptional events were reported, local governments pointed at wildfires in justifying their requests.\u003c/li>\n\u003cli style=\"font-weight: 400\">Local regulators are turning to the exceptional events rule for wildfires more and more often to reach air quality goals. In 2016, 19 wildfire events were submitted to the EPA. In 2020, 65 were.\u003c/li>\n\u003cli style=\"font-weight: 400\">Businesses and industry representatives lobbied local air regulators before an event was even considered, as happened in Kentucky, and worked together with them to file exceptional event requests, as happened in Louisiana.\u003c/li>\n\u003c/ul>\n\u003cp>The use of the exceptional events rule means U.S. air-quality data doesn’t reflect how safe it is to breathe, said Vijay Limaye, a climate and health scientist at the NRDC.\u003c/p>\n\u003cp>“Our regulatory picture is really not keeping up with the true toll, the true health burden posed by air pollution and wildfire smoke,” he said. “And we really need to be taking into consideration the truth on the ground in terms of what exposures look like and what that means for public health across the country.”\u003c/p>\n\u003cp>The rule in practice lets regional regulators meet air quality goals without having to put additional demands on polluters.\u003c/p>\n\u003cfigure id=\"attachment_11964465\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11964465\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774.jpg\" alt=\"Trees engulfed in flames\" width=\"1920\" height=\"1438\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-800x599.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-1020x764.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-1536x1150.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Firefighters battle the Mosquito Fire near Foresthill, Placer County, on Sept. 7, 2022. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re just pretending like it’s just not happening,” said Sanjay Narayan, the managing attorney for the Sierra Club’s Environmental Law Program. “The pollution is not in the air from sort of a regulatory perspective, which is the way in which things become invisible. All of this is invisible unless you trawl through all of these reports.”\u003c/p>\n\u003cp>In response to questions, a spokesperson for the EPA, Khanya Brann, said the agency “takes our decisions related to exceptional events seriously. We recognize that even when pollution (such as wildfire smoke) is not something that an air agency can control, people still are breathing the polluted air.”\u003c/p>\n\u003cp>The EPA said it requires mitigation plans where exceptional events recur. Those plans include efforts to educate and notify the public about the pollution risk, as well as to take “steps to identify, study, and implement mitigating measures.”\u003c/p>\n\u003ch2>A growing loophole\u003c/h2>\n\u003cp>Soot, ash and other particulate matter drive health risks that are significant to pregnant people, children, outdoor workers, residents of leaky buildings and anyone with heart or lung ailments. Ozone produced by wildfire pollution carries an invisible threat, irritating and inflaming lungs; even short-term exposure above certain levels raises the risk of premature death. The federal Office of Management and Budget estimates that in an increasingly extreme climate\u003cb>,\u003c/b> \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2022/04/OMB_Climate_Risk_Exposure_2022.pdf\">wildfire smoke exposure could increase federal health care expenditures (PDF)\u003c/a> by $128 million to $226 million each year by the end of the century.\u003c/p>\n\u003cp>“We need to focus on solutions for wildfire smoke, because about 30% to 50% of our wildfires are directly attributed to climate change and increasing temperatures around the globe,” said Kari Nadeau, an immunologist who directs the Center for Climate, Health and the Global Environment at the Harvard T.H. Chan School of Public Health. \u003cb>“\u003c/b>No one is immune to this. Everyone can be affected.”\u003c/p>\n\u003ch2>Pedestrians\u003c/h2>\n\u003cp>Climate change has already created the conditions for more frequent and significant wildfires this year, from Maui to Quebec.\u003c/p>\n\u003cp>Scientists and activists worry that the exceptional events rule can be exploited to avoid the costly efforts needed to address this growing crisis.\u003c/p>\n\u003cp>When the Clean Air Act was passed by a nearly unanimous Congress and signed into law by President Richard Nixon in 1970, it focused on pollution from soot-spewing smokestacks and freeways full of cars with tailpipes.\u003c/p>\n\u003cp>The soot from Canadian fires that choked skies from Chicago to Washington earlier this year was a sickly brown telltale for some of the same key pollutants the Clean Air Act aimed to fight.\u003c/p>\n\u003cp>The EPA has proposed lowering the standard for fine particulates. Soon, ozone standards could be tightened, too, a consensus recommendation of the agency’s top scientific advisers.\u003c/p>\n\u003cp>Lobbyists for the fossil fuel industry have told the EPA the exceptional events rule will be a key part of meeting ozone standards. States themselves say any moves to tighten particulate or ozone limits will be met with a greater reliance on the exceptional events rule.\u003c/p>\n\u003cp>“This is a big problem,” said Leonard of the Great Lakes Environmental Law Center. “And you’re not only actively ignoring it, you’re actively trying to get out of doing something about it.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Smoke, Screened: The Clean Air Act’s Dirty Secret is a collaboration of The California Newsroom, MuckRock and \u003c/em>The Guardian\u003cem>. Molly Peterson is a reporter for The California Newsroom. Dillon Bergin is a data reporter for MuckRock. Emily Zentner is a data reporter for The California Newsroom. Andrew Witherspoon is a data reporter for \u003c/em>The Guardian\u003cem>.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"First pushed through by the Republican senator and climate change denier Jim Inhofe, the exceptional events rule has become a 'regulatory escape hatch' for states that want to meet federal air quality standards.","status":"publish","parent":0,"modified":1697239664,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1898},"headData":{"title":"What Is the Exceptional Events Rule? The Loophole Letting US Regulators Wipe Air Pollution From the Record | KQED","description":"First pushed through by the Republican senator and climate denier Jim Inhofe, the exceptional events rule has become a ‘regulatory escape hatch’ for states that want to meet federal air-quality standards.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","socialDescription":"First pushed through by the Republican senator and climate denier Jim Inhofe, the exceptional events rule has become a ‘regulatory escape hatch’ for states that want to meet federal air-quality standards.","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"What Is the Exceptional Events Rule? The Loophole Letting US Regulators Wipe Air Pollution From the Record","datePublished":"2023-10-16T10:00:47.000Z","dateModified":"2023-10-13T23:27:44.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Molly Peterson, Dillon Bergin, Emily Zentner and Andrew Witherspoon","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11964447/what-is-the-exceptional-events-rule-the-loophole-letting-us-regulators-wipe-air-pollution-from-the-record","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When smoke from the Camp Fire poured down over northern California in 2018, schools across the region closed to protect kids from breathing dangerous air. When wildfires blanketed the Willamette Valley with soot and ash in 2020, hundreds of Oregonians sought urgent care for shortness of breath, headaches and asthma. When Canadian wildfire smoke made its way to Michigan last year, ozone levels in Detroit spiked to levels that caused officials to warn residents sensitive to air pollution to take extra care.\u003c/p>\n\u003cp>In each of those cases, the U.S. Environmental Protection Agency (EPA), the federal agency that oversees air quality, allowed local air regulators to strike the pollution caused by these events from air-quality records, using a mostly overlooked legal tool called the “exceptional events rule,” which allows pollution caused by “uncontrollable” events to be forgiven.\u003c/p>\n\u003cp>A new investigation from The California Newsroom, MuckRock and \u003cem>The Guardian\u003c/em> found that local regulators are turning to the exceptional events rule for wildfires more and more often to reach air quality goals — goals that are harder to meet as the climate crisis gets worse.\u003c/p>\n\u003cp>The review of thousands of documents, which include regulatory filings, emails and scientific analyses, also found several examples of industry groups working hand in hand with local regulators to get these exemptions.\u003c/p>\n\u003cp>The increasing use of the rule for wildfires, experts say, not only obscures health risks to people across the U.S., but undermines the goals of the landmark Clean Air Act.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nick Leonard, who directs the Great Lakes Environmental Law Center in Detroit, Michigan, sees the problem in fairly simple terms: The growing threat of wildfire smoke is exacerbated by climate change. Climate change has been fueled by the oil and gas industry. Their lobbyists, in turn, have pushed states to use the exceptional events rule as much as possible, slowing progress to address air pollution at the local level.\u003c/p>\n\u003cp>“EPA’s had a stake in this problem for a long time. States have had a stake in this problem for a long time. Private companies have had a stake in this problem for a long time,” Leonard said. “And now when that problem is coming home to roost, they’re saying, ‘Well, who could have seen this coming?’”\u003c/p>\n\u003cp>\u003cimg decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-11964450\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1.png\" alt=\"Map showing smoke density \" width=\"1240\" height=\"1472\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1.png 1240w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-800x950.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-1020x1211.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/inArticle-620@2x-1-160x190.png 160w\" sizes=\"(max-width: 1240px) 100vw, 1240px\">\u003c/p>\n\u003ch2>A Republican senator’s crusade\u003c/h2>\n\u003cp>The driving force behind the exceptional events rule was Jim Inhofe, the former Republican senator from Oklahoma who, for decades, \u003ca href=\"https://www.theguardian.com/environment/2015/jan/22/us-senate-man-climate-change-global-warming-hoax\">called climate change a hoax\u003c/a>.\u003c/p>\n\u003cp>In the spring of 1998, air quality managers in his home state found themselves in a tough spot. A wildfire on Mexico’s drought-stricken Yucatán peninsula had sent acrid smoke north, and around that time Oklahoma City exceeded its pollution limits. If the soot and ozone stayed on the books, they’d have to tighten controls on known local polluters. Instead, they argued to the EPA that the pollution shouldn’t count because it came from a wildfire, and so was “natural” and “uncontrollable.”\u003c/p>\n\u003cp>The EPA turned air quality managers down, to Inhofe’s frustration.\u003c/p>\n\u003cfigure id=\"attachment_11964452\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11964452\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281.jpg\" alt=\"Telephone pole tipped over, pulling down wires, amid smoky air\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/111318_AW_CampFire_36-scaled-e1697234471281-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A fallen power line on Nunneley Road in Paradise, Butte County, on Nov. 13, 2018. \u003ccite>(Smoke lingers in the air in Paradise, California on November 13, 2018. Photograph: Anne Wernikoff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He held several hearings and meetings, grilling the EPA. He thought local regulators should have more discretion to ignore pollution — including the kinds that are hard to control.\u003c/p>\n\u003cp>Until then, no formal rule in the Clean Air Act allowed that. The EPA did have a policy, infrequently used in the 1980s and 1990s, that allowed local governments to write off some wildfire smoke on a case-by-case-basis as “unrealistic to control” or “impractical to fully control.” That wasn’t enough for the pro-business senator.\u003c/p>\n\u003cp>Inhofe’s years-long crusade succeeded. Once added to the Clean Air Act, the “exceptional events” rule enabled regulators to erase pollution — not from the sky, but from records used to make regulatory decisions. Since 2007, local officials have been able to request that pollution data be excluded from clean air determinations when it comes from an array of events, from volcanoes to fireworks to “unusual traffic circumstances,” and the fastest-growing event of all: wildfires.\u003c/p>\n\u003cp>“The purpose of the amendment was deregulatory, to be sure,” said John Walke, a lawyer for the Natural Resources Defense Council (NRDC), a nonprofit environmental advocacy organization.\u003c/p>\n\u003cp>\u003cimg decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-11964451\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1.png\" alt=\"\" width=\"1720\" height=\"906\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1.png 1720w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-800x421.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-1020x537.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-160x84.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/showcase-860@2x-1-1536x809.png 1536w\" sizes=\"(max-width: 1720px) 100vw, 1720px\">\u003c/p>\n\u003ch2>A regulatory escape hatch\u003c/h2>\n\u003cp>The exceptional events rule functions as a regulatory escape hatch. When soot and ozone drift in from “natural” sources like wildfires, regulators can ask the EPA for an exception. If the federal agency grants it, that air pollution is erased from the regulatory record and disregarded in regulatory decisions.\u003c/p>\n\u003cp>Local air officials often spend months, using publicly funded atmospheric modelling and meteorological data, to create hundreds of pages documenting why pollution exceedances shouldn’t count — sometimes with the help of industry-funded consultants.\u003c/p>\n\u003cp>Because justifying an exceptional event is complicated and expensive, guidance from the EPA directs regulators to apply the rule only when it has regulatory significance, including meeting federal air standards — or, in regulator speak, achieving “attainment.”\u003c/p>\n\u003cp>Attainment communicates to the public that the air meets conditions regulators have deemed healthy. It helps people decide where to live and work. The meeting of standards loosens both federal funding for transportation and pollution controls for factories.\u003c/p>\n\u003ch2>What we studied, and what we found\u003c/h2>\n\u003cp>No other rule works like exceptional events to discount recorded pollution from consideration by regulators. We requested hard-to-find EPA data about exceptional events. We reviewed thousands of pages of written material, including correspondence, materials related to contracting, and \u003ca href=\"https://www.documentcloud.org/projects/exceptional-event-demonstrations-215472/\">what are called “demonstrations” (DOC)\u003c/a> of these events — basically, descriptions of toxic events regulators don’t want to be responsible for.\u003c/p>\n\u003cp>Our \u003ca href=\"https://www.muckrock.com/news/archives/2023/oct/16/smoke-screened-methodology/\">analysis \u003c/a>shows that:\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">Since 2016, local regulators have flagged almost 700 exceptional events to the EPA. The agency agreed to adjust \u003ca href=\"https://github.com/MuckRock/air-quality-exceptional-events\">the data\u003c/a> on 139 of them.\u003c/li>\n\u003cli style=\"font-weight: 400\">The adjustments were allowed in more than 70 counties across 20 states.\u003c/li>\n\u003cli style=\"font-weight: 400\">More than 21 million Americans live in areas where an adjustment \u003ca href=\"https://www.documentcloud.org/projects/final-agency-actions-215474/\">allowed local regulators to claim (DOC)\u003c/a> the area had met strict national health standards or that the air was cleaner than it actually was.\u003c/li>\n\u003cli style=\"font-weight: 400\">On three-fourths of the days exceptional events were reported, local governments pointed at wildfires in justifying their requests.\u003c/li>\n\u003cli style=\"font-weight: 400\">Local regulators are turning to the exceptional events rule for wildfires more and more often to reach air quality goals. In 2016, 19 wildfire events were submitted to the EPA. In 2020, 65 were.\u003c/li>\n\u003cli style=\"font-weight: 400\">Businesses and industry representatives lobbied local air regulators before an event was even considered, as happened in Kentucky, and worked together with them to file exceptional event requests, as happened in Louisiana.\u003c/li>\n\u003c/ul>\n\u003cp>The use of the exceptional events rule means U.S. air-quality data doesn’t reflect how safe it is to breathe, said Vijay Limaye, a climate and health scientist at the NRDC.\u003c/p>\n\u003cp>“Our regulatory picture is really not keeping up with the true toll, the true health burden posed by air pollution and wildfire smoke,” he said. “And we really need to be taking into consideration the truth on the ground in terms of what exposures look like and what that means for public health across the country.”\u003c/p>\n\u003cp>The rule in practice lets regional regulators meet air quality goals without having to put additional demands on polluters.\u003c/p>\n\u003cfigure id=\"attachment_11964465\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11964465\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774.jpg\" alt=\"Trees engulfed in flames\" width=\"1920\" height=\"1438\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-800x599.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-1020x764.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/10/IMG_3239-scaled-e1697232933774-1536x1150.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Firefighters battle the Mosquito Fire near Foresthill, Placer County, on Sept. 7, 2022. \u003ccite>(Andrew Nixon/CapRadio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We’re just pretending like it’s just not happening,” said Sanjay Narayan, the managing attorney for the Sierra Club’s Environmental Law Program. “The pollution is not in the air from sort of a regulatory perspective, which is the way in which things become invisible. All of this is invisible unless you trawl through all of these reports.”\u003c/p>\n\u003cp>In response to questions, a spokesperson for the EPA, Khanya Brann, said the agency “takes our decisions related to exceptional events seriously. We recognize that even when pollution (such as wildfire smoke) is not something that an air agency can control, people still are breathing the polluted air.”\u003c/p>\n\u003cp>The EPA said it requires mitigation plans where exceptional events recur. Those plans include efforts to educate and notify the public about the pollution risk, as well as to take “steps to identify, study, and implement mitigating measures.”\u003c/p>\n\u003ch2>A growing loophole\u003c/h2>\n\u003cp>Soot, ash and other particulate matter drive health risks that are significant to pregnant people, children, outdoor workers, residents of leaky buildings and anyone with heart or lung ailments. Ozone produced by wildfire pollution carries an invisible threat, irritating and inflaming lungs; even short-term exposure above certain levels raises the risk of premature death. The federal Office of Management and Budget estimates that in an increasingly extreme climate\u003cb>,\u003c/b> \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2022/04/OMB_Climate_Risk_Exposure_2022.pdf\">wildfire smoke exposure could increase federal health care expenditures (PDF)\u003c/a> by $128 million to $226 million each year by the end of the century.\u003c/p>\n\u003cp>“We need to focus on solutions for wildfire smoke, because about 30% to 50% of our wildfires are directly attributed to climate change and increasing temperatures around the globe,” said Kari Nadeau, an immunologist who directs the Center for Climate, Health and the Global Environment at the Harvard T.H. Chan School of Public Health. \u003cb>“\u003c/b>No one is immune to this. Everyone can be affected.”\u003c/p>\n\u003ch2>Pedestrians\u003c/h2>\n\u003cp>Climate change has already created the conditions for more frequent and significant wildfires this year, from Maui to Quebec.\u003c/p>\n\u003cp>Scientists and activists worry that the exceptional events rule can be exploited to avoid the costly efforts needed to address this growing crisis.\u003c/p>\n\u003cp>When the Clean Air Act was passed by a nearly unanimous Congress and signed into law by President Richard Nixon in 1970, it focused on pollution from soot-spewing smokestacks and freeways full of cars with tailpipes.\u003c/p>\n\u003cp>The soot from Canadian fires that choked skies from Chicago to Washington earlier this year was a sickly brown telltale for some of the same key pollutants the Clean Air Act aimed to fight.\u003c/p>\n\u003cp>The EPA has proposed lowering the standard for fine particulates. Soon, ozone standards could be tightened, too, a consensus recommendation of the agency’s top scientific advisers.\u003c/p>\n\u003cp>Lobbyists for the fossil fuel industry have told the EPA the exceptional events rule will be a key part of meeting ozone standards. States themselves say any moves to tighten particulate or ozone limits will be met with a greater reliance on the exceptional events rule.\u003c/p>\n\u003cp>“This is a big problem,” said Leonard of the Great Lakes Environmental Law Center. “And you’re not only actively ignoring it, you’re actively trying to get out of doing something about it.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Smoke, Screened: The Clean Air Act’s Dirty Secret is a collaboration of The California Newsroom, MuckRock and \u003c/em>The Guardian\u003cem>. Molly Peterson is a reporter for The California Newsroom. Dillon Bergin is a data reporter for MuckRock. Emily Zentner is a data reporter for The California Newsroom. Andrew Witherspoon is a data reporter for \u003c/em>The Guardian\u003cem>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964447/what-is-the-exceptional-events-rule-the-loophole-letting-us-regulators-wipe-air-pollution-from-the-record","authors":["byline_news_11964447"],"categories":["news_8"],"tags":["news_2928","news_20962","news_255","news_21506","news_33329","news_28199"],"featImg":"news_11964454","label":"news"},"news_11960699":{"type":"posts","id":"news_11960699","meta":{"index":"posts_1591205157","site":"news","id":"11960699","score":null,"sort":[1694516429000]},"guestAuthors":[],"slug":"oil-industry-sets-back-efforts-to-increase-fines-against-polluting-california-refineries-yet-again","title":"Oil Industry Blocks Effort to Increase Fines Against Polluting California Refineries … Again","publishDate":1694516429,"format":"standard","headTitle":"Oil Industry Blocks Effort to Increase Fines Against Polluting California Refineries … Again | KQED","labelTerm":{"site":"news"},"content":"\u003cp>California’s oil industry has once again quashed an attempt in the state Capitol to increase penalties on refineries that violate air quality laws.\u003c/p>\n\u003cp>It’s the fourth time in a decade that the industry has successfully killed or delayed such an endeavor.\u003c/p>\n\u003cp>The latest proposal was put on hold last week, just days before the Legislature finishes its work for the year on Sept. 14. Assemblymember Buffy Wicks (D-Oakland), who authored the \u003ca href=\"https://legiscan.com/CA/bill/AB1465/2023\">bill\u003c/a>, said the move was prompted by concerns some lawmakers would vote against it because it wasn’t weakened enough to satisfy California’s main oil industry group, the Western States Petroleum Association (WSPA).\u003c/p>\n\u003cp>“It became apparent that we were going to need more time to work on AB 1465 with our sponsor, the Bay Area Air Quality Management District, and with opposition groups who engaged us on the possibility of additional amendments,” Wicks said in an email on Friday.\u003c/p>\n\u003cp>WSPA represents the oil companies that own all of the Bay Area’s petroleum refineries. The region’s Chevron, Valero, PBF, Marathon and Phillips 66 plants have for decades produced gasoline and jet fuels that have powered major components of the region’s transportation sector. But they have also received \u003ca href=\"https://www.baaqmd.gov/rules-and-compliance/compliance-assistance/notices-of-violations/novs-issued\">hundreds of notices of violations\u003c/a> from local air regulators in recent years, stemming from minor flaring incidents to severe accidents that forced nearby residents to stay indoors.\u003c/p>\n\u003cp>Those incidents prompted Wicks to propose tripling the maximum penalty amounts oil companies would pay when their refineries violate air quality regulations.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Asm. Buffy Wicks at a July 11 hearing\"]‘This morning in Martinez, which I drive through on my way here, there was a toxic dust release. This is happening in our communities all the time.’[/pullquote]There are a variety of fine amounts refineries can face, but the general limit on those fines is currently $10,000. Environmentalists and some Bay Area elected leaders have described those penalties as part of the mere cost of doing business for companies like \u003ca href=\"https://chevroncorp.gcs-web.com/static-files/359d5f9b-5519-476e-976c-8ace50143c49\">Chevron, which earned $6 billion in the second quarter of this year\u003c/a>.\u003c/p>\n\u003cp>Wicks’ bill would increase the ceiling on fines to $30,000 per violation.\u003c/p>\n\u003cp>But WSPA has opposed any attempts to crack down on air quality violations.\u003c/p>\n\u003cp>And even before Wicks sidelined the bill last week, the industry group had already convinced legislators to significantly change the proposal several months ago by expanding its scope. Under the changes, the fines would also apply to dozens of industrial facilities that release chemicals into the air, including refineries, that are covered by Title V of the federal Clean Air Act. In the Bay Area there are \u003ca href=\"https://www.baaqmd.gov/permits/major-facility-review-title-v/title-v-permits\">dozens of such sites\u003c/a>.\u003c/p>\n\u003cp>“There is no public policy rationale for singling out refineries,” wrote Shant Apekian, vice president of California policy and strategic affairs at WSPA, in a letter to Wicks in April.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>While that complaint arose this spring, lawmakers did not amend the bill until June — and not everyone was happy with the change. Several industry and public agency associations, including the California Association of Sanitation Agencies, urged legislators to vote “no” on the bill.\u003c/p>\n\u003cp>“Unlike refineries, which are privately held for-profit corporations, public wastewater agencies provide an essential public service and all costs to the agency, including penalties, are borne by the rate-paying public,” the group wrote to legislators.\u003c/p>\n\u003cp>But even though lawmakers in the Senate approved the change, WSPA continued to fight against the bill. It’s a debate that has taken place behind closed doors — not in public committees.\u003c/p>\n\u003cp>In fact, the bill has \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202320240AB1465\">sailed through all of its legislative votes\u003c/a> and was headed for a full vote in the state Senate when, last week, Wicks abruptly asked that the proposal be moved to the “inactive file,” essentially scuttling any debate or votes until next year.\u003c/p>\n\u003cp>Those involved in conversations with Wicks and WSPA say that decision was driven by a push by the petroleum association to make the proposal effective only in rare cases — in WSPA’s words, only when “discharge results in a significant increase in hospitalizations, residential displacement, shelter in place, evacuation or destruction of property.”\u003c/p>\n\u003cp>But air district officials say that definition is too narrow, because refineries often violate air regulations in less extreme incidents that are still dangerous to human health. They argue the standard the industry is arguing for won’t actually provide a deterrent or change how refineries do business.\u003c/p>\n\u003cp>[aside label='Related Stories' tag='refineries']For example, last November the PBF refinery in Martinez \u003ca href=\"https://www.kqed.org/news/11952517/martinez-refinery-chemical-release-poses-no-long-term-hazard-tests-find\">released nearly 50,000 pounds of powdered, industrial chemicals, much of it landing on residential neighborhoods\u003c/a>. The accident led to investigations by the EPA, FBI, Contra Costa County regulators and the air district.\u003c/p>\n\u003cp>Under the changes the oil industry wants to make, that release would not be covered by the proposed fine increases, local air regulators said.\u003c/p>\n\u003cp>“In our view, the purpose of the bill is to strengthen penalties for those types of events, not to protect them,” said air district spokeswoman Kristine Roselius, adding that the changes proposed by WSPA “would have provided an economic incentive to large facilities such as refineries, to downplay events as they were happening if they felt they could avoid higher penalties.”\u003c/p>\n\u003cp>If this kind of successful pushback sounds similar, that’s because it has happened every time a refinery fine increase proposal has emerged in Sacramento over the last decade.\u003c/p>\n\u003cp>Last year, just as another Wicks bill to do something similar was about to get a vote in the state Senate, \u003ca href=\"https://www.kqed.org/news/11923242/watered-down-state-bill-to-punish-refinery-pollution-gets-scrapped-after-oil-industry-pushback\">she killed it because it was watered down so much\u003c/a> that even the industry dropped its opposition.\u003c/p>\n\u003cp>In 2018, Sen. Bill Dodd (D-Napa) proposed tripling some of the most serious penalties for refineries. Amid opposition from the oil industry — and, on the other side, pushback from environmentalists and the mayors of Richmond and Benicia, who said the proposal wasn’t strong enough — \u003ca href=\"https://www.kqed.org/news/11660005/facing-widespread-opposition-lawmaker-ends-effort-to-increase-refinery-penalties\">that bill never even got a hearing\u003c/a>.\u003c/p>\n\u003cp>In 2013, then state Sen. Loni Hancock (D-Berkeley) introduced legislation to raise such penalties on the heels of a major fire at Richmond’s Chevron refinery, the worst refinery accident in the Bay Area in the last few decades. That bill died on the Assembly floor, also after opposition from oil companies.\u003c/p>\n\u003cp>But even as the debate rages on in Sacramento, the problem for communities around these refineries persists. The day Wicks presented this year’s bill — at its final hearing before a Senate committee — the Contra Costa County refinery owned by PBF Energy released petroleum coke dust. Some residents described the dust as a “flaky ash.” The pollution came eight months after a \u003ca href=\"https://www.kqed.org/news/11952517/martinez-refinery-chemical-release-poses-no-long-term-hazard-tests-find\">much more severe chemical release from the same facility\u003c/a>.\u003c/p>\n\u003cp>“This morning in Martinez, which I drive through on my way here, there was a toxic dust release,” Wicks said at the July 11 hearing. “This is happening in our communities all the time.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"It’s the 4th time in a decade that the industry has successfully killed or delayed an attempt in the state Capitol to increase penalties on refineries that violate air quality laws.","status":"publish","parent":0,"modified":1694545281,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1199},"headData":{"title":"Oil Industry Blocks Effort to Increase Fines Against Polluting California Refineries … Again | KQED","description":"It’s the 4th time in a decade that the industry has successfully killed or delayed an attempt in the state Capitol to increase penalties on refineries that violate air quality laws.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Oil Industry Blocks Effort to Increase Fines Against Polluting California Refineries … Again","datePublished":"2023-09-12T11:00:29.000Z","dateModified":"2023-09-12T19:01:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11960699/oil-industry-sets-back-efforts-to-increase-fines-against-polluting-california-refineries-yet-again","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California’s oil industry has once again quashed an attempt in the state Capitol to increase penalties on refineries that violate air quality laws.\u003c/p>\n\u003cp>It’s the fourth time in a decade that the industry has successfully killed or delayed such an endeavor.\u003c/p>\n\u003cp>The latest proposal was put on hold last week, just days before the Legislature finishes its work for the year on Sept. 14. Assemblymember Buffy Wicks (D-Oakland), who authored the \u003ca href=\"https://legiscan.com/CA/bill/AB1465/2023\">bill\u003c/a>, said the move was prompted by concerns some lawmakers would vote against it because it wasn’t weakened enough to satisfy California’s main oil industry group, the Western States Petroleum Association (WSPA).\u003c/p>\n\u003cp>“It became apparent that we were going to need more time to work on AB 1465 with our sponsor, the Bay Area Air Quality Management District, and with opposition groups who engaged us on the possibility of additional amendments,” Wicks said in an email on Friday.\u003c/p>\n\u003cp>WSPA represents the oil companies that own all of the Bay Area’s petroleum refineries. The region’s Chevron, Valero, PBF, Marathon and Phillips 66 plants have for decades produced gasoline and jet fuels that have powered major components of the region’s transportation sector. But they have also received \u003ca href=\"https://www.baaqmd.gov/rules-and-compliance/compliance-assistance/notices-of-violations/novs-issued\">hundreds of notices of violations\u003c/a> from local air regulators in recent years, stemming from minor flaring incidents to severe accidents that forced nearby residents to stay indoors.\u003c/p>\n\u003cp>Those incidents prompted Wicks to propose tripling the maximum penalty amounts oil companies would pay when their refineries violate air quality regulations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This morning in Martinez, which I drive through on my way here, there was a toxic dust release. This is happening in our communities all the time.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Asm. Buffy Wicks at a July 11 hearing","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>There are a variety of fine amounts refineries can face, but the general limit on those fines is currently $10,000. Environmentalists and some Bay Area elected leaders have described those penalties as part of the mere cost of doing business for companies like \u003ca href=\"https://chevroncorp.gcs-web.com/static-files/359d5f9b-5519-476e-976c-8ace50143c49\">Chevron, which earned $6 billion in the second quarter of this year\u003c/a>.\u003c/p>\n\u003cp>Wicks’ bill would increase the ceiling on fines to $30,000 per violation.\u003c/p>\n\u003cp>But WSPA has opposed any attempts to crack down on air quality violations.\u003c/p>\n\u003cp>And even before Wicks sidelined the bill last week, the industry group had already convinced legislators to significantly change the proposal several months ago by expanding its scope. Under the changes, the fines would also apply to dozens of industrial facilities that release chemicals into the air, including refineries, that are covered by Title V of the federal Clean Air Act. In the Bay Area there are \u003ca href=\"https://www.baaqmd.gov/permits/major-facility-review-title-v/title-v-permits\">dozens of such sites\u003c/a>.\u003c/p>\n\u003cp>“There is no public policy rationale for singling out refineries,” wrote Shant Apekian, vice president of California policy and strategic affairs at WSPA, in a letter to Wicks in April.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While that complaint arose this spring, lawmakers did not amend the bill until June — and not everyone was happy with the change. Several industry and public agency associations, including the California Association of Sanitation Agencies, urged legislators to vote “no” on the bill.\u003c/p>\n\u003cp>“Unlike refineries, which are privately held for-profit corporations, public wastewater agencies provide an essential public service and all costs to the agency, including penalties, are borne by the rate-paying public,” the group wrote to legislators.\u003c/p>\n\u003cp>But even though lawmakers in the Senate approved the change, WSPA continued to fight against the bill. It’s a debate that has taken place behind closed doors — not in public committees.\u003c/p>\n\u003cp>In fact, the bill has \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202320240AB1465\">sailed through all of its legislative votes\u003c/a> and was headed for a full vote in the state Senate when, last week, Wicks abruptly asked that the proposal be moved to the “inactive file,” essentially scuttling any debate or votes until next year.\u003c/p>\n\u003cp>Those involved in conversations with Wicks and WSPA say that decision was driven by a push by the petroleum association to make the proposal effective only in rare cases — in WSPA’s words, only when “discharge results in a significant increase in hospitalizations, residential displacement, shelter in place, evacuation or destruction of property.”\u003c/p>\n\u003cp>But air district officials say that definition is too narrow, because refineries often violate air regulations in less extreme incidents that are still dangerous to human health. They argue the standard the industry is arguing for won’t actually provide a deterrent or change how refineries do business.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"refineries"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>For example, last November the PBF refinery in Martinez \u003ca href=\"https://www.kqed.org/news/11952517/martinez-refinery-chemical-release-poses-no-long-term-hazard-tests-find\">released nearly 50,000 pounds of powdered, industrial chemicals, much of it landing on residential neighborhoods\u003c/a>. The accident led to investigations by the EPA, FBI, Contra Costa County regulators and the air district.\u003c/p>\n\u003cp>Under the changes the oil industry wants to make, that release would not be covered by the proposed fine increases, local air regulators said.\u003c/p>\n\u003cp>“In our view, the purpose of the bill is to strengthen penalties for those types of events, not to protect them,” said air district spokeswoman Kristine Roselius, adding that the changes proposed by WSPA “would have provided an economic incentive to large facilities such as refineries, to downplay events as they were happening if they felt they could avoid higher penalties.”\u003c/p>\n\u003cp>If this kind of successful pushback sounds similar, that’s because it has happened every time a refinery fine increase proposal has emerged in Sacramento over the last decade.\u003c/p>\n\u003cp>Last year, just as another Wicks bill to do something similar was about to get a vote in the state Senate, \u003ca href=\"https://www.kqed.org/news/11923242/watered-down-state-bill-to-punish-refinery-pollution-gets-scrapped-after-oil-industry-pushback\">she killed it because it was watered down so much\u003c/a> that even the industry dropped its opposition.\u003c/p>\n\u003cp>In 2018, Sen. Bill Dodd (D-Napa) proposed tripling some of the most serious penalties for refineries. Amid opposition from the oil industry — and, on the other side, pushback from environmentalists and the mayors of Richmond and Benicia, who said the proposal wasn’t strong enough — \u003ca href=\"https://www.kqed.org/news/11660005/facing-widespread-opposition-lawmaker-ends-effort-to-increase-refinery-penalties\">that bill never even got a hearing\u003c/a>.\u003c/p>\n\u003cp>In 2013, then state Sen. Loni Hancock (D-Berkeley) introduced legislation to raise such penalties on the heels of a major fire at Richmond’s Chevron refinery, the worst refinery accident in the Bay Area in the last few decades. That bill died on the Assembly floor, also after opposition from oil companies.\u003c/p>\n\u003cp>But even as the debate rages on in Sacramento, the problem for communities around these refineries persists. The day Wicks presented this year’s bill — at its final hearing before a Senate committee — the Contra Costa County refinery owned by PBF Energy released petroleum coke dust. Some residents described the dust as a “flaky ash.” The pollution came eight months after a \u003ca href=\"https://www.kqed.org/news/11952517/martinez-refinery-chemical-release-poses-no-long-term-hazard-tests-find\">much more severe chemical release from the same facility\u003c/a>.\u003c/p>\n\u003cp>“This morning in Martinez, which I drive through on my way here, there was a toxic dust release,” Wicks said at the July 11 hearing. “This is happening in our communities all the time.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11960699/oil-industry-sets-back-efforts-to-increase-fines-against-polluting-california-refineries-yet-again","authors":["258"],"categories":["news_19906","news_457","news_28250","news_8","news_13"],"tags":["news_2928","news_20628","news_20389","news_20179","news_33166","news_20962","news_27626","news_18543","news_21107","news_26179","news_33167"],"featImg":"news_11960719","label":"news"},"news_11945278":{"type":"posts","id":"news_11945278","meta":{"index":"posts_1591205157","site":"news","id":"11945278","score":null,"sort":[1680293540000]},"guestAuthors":[],"slug":"epa-approves-californias-plan-to-phase-out-diesel-trucks","title":"EPA Approves California's Plan to Phase Out Diesel Trucks","publishDate":1680293540,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The Biden administration cleared the way Friday for California’s plan to phase out a wide range of diesel-powered trucks, part of the state’s efforts to drastically cut planet-warming emissions and improve air quality in heavy-traffic areas like ports along the coast.\u003c/p>\n\u003cp>The decision by the U.S. Environmental Protection Agency allows California — which has some of the nation’s worst air pollution — to require truck manufacturers to sell an increasing number of zero-emission trucks over the next couple of decades. The rule applies to a wide range of trucks including box trucks, semitrailers and even large passenger pickups.\u003c/p>\n\u003cp>\"Under the Clean Air Act, California has longstanding authority to address pollution from cars and trucks. Today’s announcement allows the state to take additional steps in reducing their transportation emissions through these new regulatory actions,\" said EPA Administrator Michael Regan, in a statement.\u003c/p>\n\u003cp>Gov. Gavin Newsom applauded the state’s role as a leader in setting ambitious vehicle emission standards.\u003c/p>\n\u003cp>\"We’re leading the charge to get dirty trucks and buses — the most polluting vehicles — off our streets, and other states and countries are lining up to follow our lead,\" the Democrat said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The EPA typically sets standards for tailpipe emissions from passenger cars, trucks and other vehicles, but California has historically been granted waivers to impose its own, stricter standards. Other states can then follow suit, and eight other states plan to adopt California’s truck standards, Newsom’s office said. In a letter last year, attorneys general from 15 states, Washington, D.C., and New York City urged the EPA to approve the California truck standards.\u003c/p>\n\u003cp>The transportation sector accounts for nearly 40% of California’s greenhouse gas emissions. Newsom has already moved to ban the sale of new cars that run entirely on gasoline by 2035. The EPA has not acted on those rules.[aside postID=\"news_11930562,news_11926059,news_11923540\" label=\"Related Stories\"]The new truck standards are aimed at companies that make trucks and those that own large quantities of them. Companies owning 50 or more trucks will have to report information to the state about how they use these trucks to ship goods and provide shuttle services. Manufacturers will have to sell a higher percentage of zero-emission vehicles starting in 2024. Depending on the class of truck, zero-emission ones will have to make up 40% to 75% of sales by 2035.\u003c/p>\n\u003cp>California has a long legacy of adopting stricter tailpipe emission standards, even before the federal Clean Air Act was signed into law, said Paul Cort, a lawyer with environmental nonprofit Earthjustice.\u003c/p>\n\u003cp>\"We have a vehicle problem,\" Cort said. \"We’re addicted to our cars and trucks, and that’s a big cause of the air pollution that we’re fighting.\"\u003c/p>\n\u003cp>But Wayne Winegarden, senior fellow at the Pacific Research Institute, said it’s too soon to adopt the California standards.\u003c/p>\n\u003cp>\"The charging infrastructure is certainly not there,\" he said about powering stations for electric vehicles. \"And on top of the charging infrastructure, we have the grid issues.\"\u003c/p>\n\u003cp>While California was hit this winter by atmospheric river storms that soaked much of the state, it has for years suffered from drought conditions, and in September, a brutal heat wave put its electricity \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/States%20HD%20Truck%20Waiver%20Comments_FINAL.pdf\">grid to the test (PDF)\u003c/a>.\u003c/p>\n\u003cp>The announcement came as advocates are pushing for more ambitious tailpipe emissions standards in other states and at the national level.\u003c/p>\n\u003cp>\"We don’t just fight for California, we fight for all of the communities,\" said Jan Victor Andasan, activist with East Yard Communities for Environmental Justice. The group advocates for better air quality in and around Los Angeles, the nation’s second-most populous city, which is known for its dense traffic and intense smog.\u003c/p>\n\u003cp>Andasan and other environmental activists from across the country who are part of the Moving Forward Network, a 50-member group based at Occidental College in Los Angeles, met with EPA officials recently to discuss national regulations to limit emissions from trucks and other vehicles.\u003c/p>\n\u003cp>But some in the trucking industry are concerned about how costly and burdensome the transition will be for truck drivers and companies.\u003c/p>\n\u003cp>\"The state and federal regulators collaborating on this unrealistic patchwork of regulations have no grasp on the real costs of designing, building, manufacturing and operating the trucks that deliver their groceries, clothes and goods,\" said Chris Spear, president of the American Trucking Associations, in a statement.[pullquote size='medium' align='left' citation=\"Chris Spear, president, American Trucking Associations\"]'The state and federal regulators collaborating on this unrealistic patchwork of regulations have no grasp on the real costs of designing, building, manufacturing and operating the trucks that deliver their groceries, clothes and goods.'[/pullquote]\"They will certainly feel the pain when these fanciful projections lead to catastrophic disruptions well beyond California’s borders,\" he added.\u003c/p>\n\u003cp>Federal pollution standards for heavy trucks are also getting tougher. The \u003ca href=\"https://apnews.com/article/business-pollution-us-environmental-protection-agency-climate-and-environment-0103a23e4b31d1f6ddb407fb43f9c8c1\">EPA released rules\u003c/a> that will cut nitrogen oxide pollution, which contributes to the formation of smog, by more than 80% in 2027. The agency will propose greenhouse gas emission limits this year.\u003c/p>\n\u003cp>The agency expects that the new standards and government investment will lead to zero-emissions electric and hydrogen fuel cell trucks carrying most of the nation’s freight.\u003c/p>\n\u003cp>California activists Andasan and Brenda Huerta Soto, an organizer with The People’s Collective for Environmental Justice, are troubled by the impact of pollution from trucks and other vehicles on communities with a large population of residents of color that live near busy ports in Los Angeles, Oakland and other cities as well as warehouse-dense inland areas.\u003c/p>\n\u003cp>Huerta Soto works in Southern California’s Inland Empire, which a high concentration of trucks pass through to transport goods. On top of truck pollution, the many cars, trucks and trains that travel through the area burden residents with noise, odors and pollutants these vehicles emit, she said.\u003c/p>\n\u003cp>\"We have the technology, and we have the money\" to move toward zero-emission vehicles, she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Associated Press writers Tom Krisher in Detroit and Matthew Daly in Washington, D.C., contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"California has already moved to ban the sale of new cars that run only on gasoline by 2035. As many as eight states could follow in implementing new truck standards, says Gov. Gavin Newsom.","status":"publish","parent":0,"modified":1680294952,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1047},"headData":{"title":"EPA Approves California's Plan to Phase Out Diesel Trucks | KQED","description":"California has already moved to ban the sale of new cars that run only on gasoline by 2035. As many as eight states could follow in implementing new truck standards, says Gov. Gavin Newsom.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"EPA Approves California's Plan to Phase Out Diesel Trucks","datePublished":"2023-03-31T20:12:20.000Z","dateModified":"2023-03-31T20:35:52.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sourceUrl":"https://apnews.com/article/california-trucks-epa-greenhouse-gas-emissions-02e279026cf9d9b5c088f9ebdfad3fd9","nprByline":"Sophie Austin \u003cbr> The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11945278/epa-approves-californias-plan-to-phase-out-diesel-trucks","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Biden administration cleared the way Friday for California’s plan to phase out a wide range of diesel-powered trucks, part of the state’s efforts to drastically cut planet-warming emissions and improve air quality in heavy-traffic areas like ports along the coast.\u003c/p>\n\u003cp>The decision by the U.S. Environmental Protection Agency allows California — which has some of the nation’s worst air pollution — to require truck manufacturers to sell an increasing number of zero-emission trucks over the next couple of decades. The rule applies to a wide range of trucks including box trucks, semitrailers and even large passenger pickups.\u003c/p>\n\u003cp>\"Under the Clean Air Act, California has longstanding authority to address pollution from cars and trucks. Today’s announcement allows the state to take additional steps in reducing their transportation emissions through these new regulatory actions,\" said EPA Administrator Michael Regan, in a statement.\u003c/p>\n\u003cp>Gov. Gavin Newsom applauded the state’s role as a leader in setting ambitious vehicle emission standards.\u003c/p>\n\u003cp>\"We’re leading the charge to get dirty trucks and buses — the most polluting vehicles — off our streets, and other states and countries are lining up to follow our lead,\" the Democrat said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The EPA typically sets standards for tailpipe emissions from passenger cars, trucks and other vehicles, but California has historically been granted waivers to impose its own, stricter standards. Other states can then follow suit, and eight other states plan to adopt California’s truck standards, Newsom’s office said. In a letter last year, attorneys general from 15 states, Washington, D.C., and New York City urged the EPA to approve the California truck standards.\u003c/p>\n\u003cp>The transportation sector accounts for nearly 40% of California’s greenhouse gas emissions. Newsom has already moved to ban the sale of new cars that run entirely on gasoline by 2035. The EPA has not acted on those rules.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11930562,news_11926059,news_11923540","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The new truck standards are aimed at companies that make trucks and those that own large quantities of them. Companies owning 50 or more trucks will have to report information to the state about how they use these trucks to ship goods and provide shuttle services. Manufacturers will have to sell a higher percentage of zero-emission vehicles starting in 2024. Depending on the class of truck, zero-emission ones will have to make up 40% to 75% of sales by 2035.\u003c/p>\n\u003cp>California has a long legacy of adopting stricter tailpipe emission standards, even before the federal Clean Air Act was signed into law, said Paul Cort, a lawyer with environmental nonprofit Earthjustice.\u003c/p>\n\u003cp>\"We have a vehicle problem,\" Cort said. \"We’re addicted to our cars and trucks, and that’s a big cause of the air pollution that we’re fighting.\"\u003c/p>\n\u003cp>But Wayne Winegarden, senior fellow at the Pacific Research Institute, said it’s too soon to adopt the California standards.\u003c/p>\n\u003cp>\"The charging infrastructure is certainly not there,\" he said about powering stations for electric vehicles. \"And on top of the charging infrastructure, we have the grid issues.\"\u003c/p>\n\u003cp>While California was hit this winter by atmospheric river storms that soaked much of the state, it has for years suffered from drought conditions, and in September, a brutal heat wave put its electricity \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/States%20HD%20Truck%20Waiver%20Comments_FINAL.pdf\">grid to the test (PDF)\u003c/a>.\u003c/p>\n\u003cp>The announcement came as advocates are pushing for more ambitious tailpipe emissions standards in other states and at the national level.\u003c/p>\n\u003cp>\"We don’t just fight for California, we fight for all of the communities,\" said Jan Victor Andasan, activist with East Yard Communities for Environmental Justice. The group advocates for better air quality in and around Los Angeles, the nation’s second-most populous city, which is known for its dense traffic and intense smog.\u003c/p>\n\u003cp>Andasan and other environmental activists from across the country who are part of the Moving Forward Network, a 50-member group based at Occidental College in Los Angeles, met with EPA officials recently to discuss national regulations to limit emissions from trucks and other vehicles.\u003c/p>\n\u003cp>But some in the trucking industry are concerned about how costly and burdensome the transition will be for truck drivers and companies.\u003c/p>\n\u003cp>\"The state and federal regulators collaborating on this unrealistic patchwork of regulations have no grasp on the real costs of designing, building, manufacturing and operating the trucks that deliver their groceries, clothes and goods,\" said Chris Spear, president of the American Trucking Associations, in a statement.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The state and federal regulators collaborating on this unrealistic patchwork of regulations have no grasp on the real costs of designing, building, manufacturing and operating the trucks that deliver their groceries, clothes and goods.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Chris Spear, president, American Trucking Associations","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"They will certainly feel the pain when these fanciful projections lead to catastrophic disruptions well beyond California’s borders,\" he added.\u003c/p>\n\u003cp>Federal pollution standards for heavy trucks are also getting tougher. The \u003ca href=\"https://apnews.com/article/business-pollution-us-environmental-protection-agency-climate-and-environment-0103a23e4b31d1f6ddb407fb43f9c8c1\">EPA released rules\u003c/a> that will cut nitrogen oxide pollution, which contributes to the formation of smog, by more than 80% in 2027. The agency will propose greenhouse gas emission limits this year.\u003c/p>\n\u003cp>The agency expects that the new standards and government investment will lead to zero-emissions electric and hydrogen fuel cell trucks carrying most of the nation’s freight.\u003c/p>\n\u003cp>California activists Andasan and Brenda Huerta Soto, an organizer with The People’s Collective for Environmental Justice, are troubled by the impact of pollution from trucks and other vehicles on communities with a large population of residents of color that live near busy ports in Los Angeles, Oakland and other cities as well as warehouse-dense inland areas.\u003c/p>\n\u003cp>Huerta Soto works in Southern California’s Inland Empire, which a high concentration of trucks pass through to transport goods. On top of truck pollution, the many cars, trucks and trains that travel through the area burden residents with noise, odors and pollutants these vehicles emit, she said.\u003c/p>\n\u003cp>\"We have the technology, and we have the money\" to move toward zero-emission vehicles, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press writers Tom Krisher in Detroit and Matthew Daly in Washington, D.C., contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11945278/epa-approves-californias-plan-to-phase-out-diesel-trucks","authors":["byline_news_11945278"],"categories":["news_19906","news_8"],"tags":["news_29052","news_20962","news_31927","news_20023","news_21506","news_6252","news_30247","news_30178"],"featImg":"news_11945323","label":"news"},"news_11774813":{"type":"posts","id":"news_11774813","meta":{"index":"posts_1591205157","site":"news","id":"11774813","score":null,"sort":[1568761992000]},"guestAuthors":[],"slug":"trump-administration-to-push-california-for-more-emissions","title":"Trump Administration to Push California for More Emissions","publishDate":1568761992,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>In the background during President Trump's swing through California on Tuesday was his administration's \u003ca href=\"http://bit.ly/fioretrumpemissions\" target=\"_blank\" rel=\"noopener\">plan to kill the state's authority to set tailpipe emission standards\u003c/a>.\u003c/p>\n\u003cp>A formal announcement is reportedly set to happen at the Environmental Protection Agency headquarters in Washington, D.C., on Wednesday.\u003c/p>\n\u003cp>This is the big environmental fight between California and the Trump administration that has been anticipated for months. (Not to be confused with the \u003ca href=\"https://www.kqed.org/science/1946560/atty-gen-becerra-it-does-seem-like-you-are-fighting-trump-on-the-environment-at-every-turn\" target=\"_blank\" rel=\"noopener\">scores of other environmental fights\u003c/a> between said parties.)\u003c/p>\n\u003cp>State Attorney General Xavier Becerra has another lawsuit ready to go, judging by the Twitter chest-thumping.\u003c/p>\n\u003cp>https://twitter.com/XavierBecerra/status/1174059284352471040\u003c/p>\n\u003cp>It seems like California is going to need all the chest-thumping we can manage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"In the background during President Trump's swing through California on Tuesday was his administration's plan to kill the state's authority to set tailpipe emission standards.","status":"publish","parent":0,"modified":1568762812,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":120},"headData":{"title":"Trump Administration to Push California for More Emissions | KQED","description":"In the background during President Trump's swing through California on Tuesday was his administration's plan to kill the state's authority to set tailpipe emission standards.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Administration to Push California for More Emissions","datePublished":"2019-09-17T23:13:12.000Z","dateModified":"2019-09-17T23:26:52.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11774813 https://ww2.kqed.org/news/?p=11774813","disqusUrl":"https://ww2.kqed.org/news/2019/09/17/trump-administration-to-push-california-for-more-emissions/","disqusTitle":"Trump Administration to Push California for More Emissions","path":"/news/11774813/trump-administration-to-push-california-for-more-emissions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the background during President Trump's swing through California on Tuesday was his administration's \u003ca href=\"http://bit.ly/fioretrumpemissions\" target=\"_blank\" rel=\"noopener\">plan to kill the state's authority to set tailpipe emission standards\u003c/a>.\u003c/p>\n\u003cp>A formal announcement is reportedly set to happen at the Environmental Protection Agency headquarters in Washington, D.C., on Wednesday.\u003c/p>\n\u003cp>This is the big environmental fight between California and the Trump administration that has been anticipated for months. (Not to be confused with the \u003ca href=\"https://www.kqed.org/science/1946560/atty-gen-becerra-it-does-seem-like-you-are-fighting-trump-on-the-environment-at-every-turn\" target=\"_blank\" rel=\"noopener\">scores of other environmental fights\u003c/a> between said parties.)\u003c/p>\n\u003cp>State Attorney General Xavier Becerra has another lawsuit ready to go, judging by the Twitter chest-thumping.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1174059284352471040"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>It seems like California is going to need all the chest-thumping we can manage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11774813/trump-administration-to-push-california-for-more-emissions","authors":["3236"],"series":["news_18515"],"categories":["news_19906","news_457","news_6188","news_8","news_13","news_1397"],"tags":["news_20962","news_255","news_1323","news_22890","news_21506","news_1116","news_20949","news_20378"],"featImg":"news_11774821","label":"news_18515"},"news_11750889":{"type":"posts","id":"news_11750889","meta":{"index":"posts_1591205157","site":"news","id":"11750889","score":null,"sort":[1559159277000]},"guestAuthors":[],"slug":"will-californias-air-board-ban-gas-powered-cars-not-now","title":"Will California's Air Board Ban Gas-Powered Cars? Not Now","publishDate":1559159277,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Mary Nichols, the powerful head of the California Air Resources Board, didn’t even need to explicitly threaten a ban on gas-powered cars last week to get the attention of carmakers.\u003c/p>\n\u003cp>The warning was only in her prepared statements for a workshop with the state Transportation Commission. But the remarks, obtained by \u003ca href=\"https://www.bloomberg.com/news/articles/2019-05-16/california-regulator-threatens-trump-with-gasoline-engine-ban\" target=\"_blank\" rel=\"noopener\">Bloomberg\u003c/a>, hit headlines and the industry took notice. That was the point.\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Mary Nichols, California Air Resources Board']'By 2045, there can’t be any cars sold in California that aren’t zero emissions vehicles of one sort or another.'[/pullquote]Nichols is making it clear that if the Trump administration follows through on threats to hamstring California’s ability to police tailpipe emissions, the state will need to find another way to keep the air clean. That will affect people and industries, including car manufacturers.\u003c/p>\n\u003cp>At issue is the Trump administration’s proposal to roll back tailpipe emissions and fuel economy regulations that have been on the books for years. Trump’s Environmental Protection Agency would also yank a key waiver that lets California make its own clean air rules and requires that auto manufacturers \u003ca href=\"https://ww2.arb.ca.gov/our-work/programs/zero-emission-vehicle-program/about\" target=\"_blank\" rel=\"noopener\">sell a certain percentage\u003c/a> of clean cars in the state.\u003c/p>\n\u003cp>The federal proposal hasn’t yet been finalized — and likely will be tied up in court for years. Still, the transportation sector is the No. 1 producer of greenhouse gases in California, and the state is bracing for a hit to its climate goals and air quality.\u003c/p>\n\u003cp>The potential fallout was the subject of a recent workshop with the Transportation Commission.\u003c/p>\n\u003cp>Remarks written for the workshop said the rollbacks could force the air board to look for other ways to curb pollution, including “an outright ban on internal combustion engines.”\u003c/p>\n\u003cp>Out loud, however, Nichols spoke more vaguely of “potentially looking at things like fees, taxes and bans on certain types of vehicles and products. And these are not things that most of us think are the right way to go.”\u003c/p>\n\u003cp>\u003cstrong>'Ban — Not a Word That We Use'\u003c/strong>\u003c/p>\n\u003cp>A ban on gas-powered cars isn’t imminent, Nichols said in an interview with CALmatters this week.\u003c/p>\n\u003cp>“Ban — it’s not a word that we use, and we don’t like to use it,” she said. “But sometimes, we perhaps have to make a point. And the message here was intended to be heard by the auto industry.”\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Meredith Hankins, UCLA School of Law']'It may be sort of dead on arrival under this current administration.'[/pullquote]The auto industry \u003ca href=\"https://www.epa.gov/regulations-emissions-vehicles-and-engines/2011-commitment-letters-2017-2025-light-duty-national\" target=\"_blank\" rel=\"noopener\">initially supported\u003c/a> the fuel economy and greenhouse gas standards the Obama administration finalized in 2012. The standards were set through 2025, and a federal review in 2016 reported that industry was technologically on track to meet them. It also projected fuel savings and public health benefits for the public. But when President Trump took office, the auto industry asked the administration to revisit the issue.\u003c/p>\n\u003cp>The recent workshop wasn’t the first time Nichols had pointed words for the auto industry. At a public meeting in 2017, she asked automakers: “What were you thinking when you threw yourselves upon the mercy of the Trump administration to try to solve your problems?”\u003c/p>\n\u003cp>It’s not even the first time she’s \u003ca href=\"https://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-mary-nichols-electric-1506523771-htmlstory.html\" target=\"_blank\" rel=\"noopener\">talked about a ban\u003c/a>.\u003c/p>\n\u003cp>Perhaps that’s why when the auto industry heard Nichols’ latest message, it didn’t appear to worry. Gloria Bergquist, vice president of the Alliance of Automobile Manufacturers, said if the state banned the sale of traditional gas-powered vehicles, the industry would wind up selling more electrified ones.\u003c/p>\n\u003cp>“We’d move them from dealer’s lots and get them into people’s garages. So that’s good — good for automakers,” said Bergquist, who added the automakers she represents have a stake in selling the electrified models they’ve invested in.\u003c/p>\n\u003cp>The concern would be in areas where automakers don’t yet have enough options — like work vehicles, for instance. “There are very few electrified pickups that could do the work that [farmers] need to do,” Bergquist said.\u003c/p>\n\u003cp>\u003cstrong>Is a Ban Feasible?\u003c/strong>\u003c/p>\n\u003cp>No matter the action — bans, status quo or a continued battle with the Trump administration — California can expect to spend time in court to protect its air. But Bergquist declined to speculate whether the auto industry would fight a gas-powered car ban in court.\u003c/p>\n\u003cp>“We haven’t focused on it, just because we think it might have been some hyperbole,” she said.\u003c/p>\n\u003cp>The threat might not be real now, but it’s not an empty one. Nichols said they could do it, if it came to that.\u003c/p>\n\u003cp>“A requirement for 100% of all sales to be zero emissions vehicles means that no internal combustion engines would be able to be sold after a certain date,” she said.\u003c/p>\n\u003cp>The agency, she clarifies, isn’t proposing to do this right now. But, she said, “It’s something we would have to consider.”\u003c/p>\n\u003cp>Still, Meredith Hankins, Shapiro fellow in Environmental Law and Policy at the UCLA School of Law, warns it won’t be easy to go through the EPA to make that kind of change.\u003c/p>\n\u003cp>“It may be sort of dead on arrival under this current administration,” Hankins said. And going around the EPA is “an untested legal question.”\u003c/p>\n\u003cp>While other legal experts agree the air board probably could find a way to ban combustion engines, the question is whether it should.\u003c/p>\n\u003cp>“That would be a very blunt, last-resort approach,” Daniel Sperling, director of the Institute of Transportation Studies at UC Davis and a member of the air board, said in an email.\u003c/p>\n\u003cp>Sperling said he thinks a better strategy would be a legislative one called “feebates,” which use fees to discourage dirty car use, and rebates to encourage people to drive cleaner vehicles.\u003c/p>\n\u003cp>[aside tag='clean-air' label='More Coverage']The Legislature has yet to agree. Assemblyman Phil Ting, a San Francisco Democrat, saw his bill to ban registrations of gas-powered vehicles by 2040 die. His second, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB40\" target=\"_blank\" rel=\"noopener\">watered-down proposal\u003c/a> to plan for a clean-car future, stalled as well.\u003c/p>\n\u003cp>Local officials aren’t waiting for state action. New York City will kick off a toll program to cut downtown traffic in a few years, and Boston and Los Angeles are eyeing similar congestion-pricing initiatives. Smaller cities like Sacramento have increased parking prices and improved light rail. The strategy, Hankins said, makes it too expensive to drive in cities.\u003c/p>\n\u003cp>These are steps to a world Nichols is shooting for in the next quarter-century.\u003c/p>\n\u003cp>“By 2045, there can’t be any cars sold in California that aren’t zero emissions vehicles of one sort or another. I don’t expect to be alive to see that, but that’s where we’re headed.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The board is responding to a Trump administration proposal that would pull a waiver letting California make its own clean air rules, among other things. ","status":"publish","parent":0,"modified":1559168814,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1236},"headData":{"title":"Will California's Air Board Ban Gas-Powered Cars? Not Now | KQED","description":"The board is responding to a Trump administration proposal that would pull a waiver letting California make its own clean air rules, among other things. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Will California's Air Board Ban Gas-Powered Cars? Not Now","datePublished":"2019-05-29T19:47:57.000Z","dateModified":"2019-05-29T22:26:54.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11750889 https://ww2.kqed.org/news/?p=11750889","disqusUrl":"https://ww2.kqed.org/news/2019/05/29/will-californias-air-board-ban-gas-powered-cars-not-now/","disqusTitle":"Will California's Air Board Ban Gas-Powered Cars? Not Now","source":"CALmatters","sourceUrl":"https://calmatters.org","nprByline":"\u003cstrong>Rachel Becker\u003c/strong>","path":"/news/11750889/will-californias-air-board-ban-gas-powered-cars-not-now","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Mary Nichols, the powerful head of the California Air Resources Board, didn’t even need to explicitly threaten a ban on gas-powered cars last week to get the attention of carmakers.\u003c/p>\n\u003cp>The warning was only in her prepared statements for a workshop with the state Transportation Commission. But the remarks, obtained by \u003ca href=\"https://www.bloomberg.com/news/articles/2019-05-16/california-regulator-threatens-trump-with-gasoline-engine-ban\" target=\"_blank\" rel=\"noopener\">Bloomberg\u003c/a>, hit headlines and the industry took notice. That was the point.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'By 2045, there can’t be any cars sold in California that aren’t zero emissions vehicles of one sort or another.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Mary Nichols, California Air Resources Board","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Nichols is making it clear that if the Trump administration follows through on threats to hamstring California’s ability to police tailpipe emissions, the state will need to find another way to keep the air clean. That will affect people and industries, including car manufacturers.\u003c/p>\n\u003cp>At issue is the Trump administration’s proposal to roll back tailpipe emissions and fuel economy regulations that have been on the books for years. Trump’s Environmental Protection Agency would also yank a key waiver that lets California make its own clean air rules and requires that auto manufacturers \u003ca href=\"https://ww2.arb.ca.gov/our-work/programs/zero-emission-vehicle-program/about\" target=\"_blank\" rel=\"noopener\">sell a certain percentage\u003c/a> of clean cars in the state.\u003c/p>\n\u003cp>The federal proposal hasn’t yet been finalized — and likely will be tied up in court for years. Still, the transportation sector is the No. 1 producer of greenhouse gases in California, and the state is bracing for a hit to its climate goals and air quality.\u003c/p>\n\u003cp>The potential fallout was the subject of a recent workshop with the Transportation Commission.\u003c/p>\n\u003cp>Remarks written for the workshop said the rollbacks could force the air board to look for other ways to curb pollution, including “an outright ban on internal combustion engines.”\u003c/p>\n\u003cp>Out loud, however, Nichols spoke more vaguely of “potentially looking at things like fees, taxes and bans on certain types of vehicles and products. And these are not things that most of us think are the right way to go.”\u003c/p>\n\u003cp>\u003cstrong>'Ban — Not a Word That We Use'\u003c/strong>\u003c/p>\n\u003cp>A ban on gas-powered cars isn’t imminent, Nichols said in an interview with CALmatters this week.\u003c/p>\n\u003cp>“Ban — it’s not a word that we use, and we don’t like to use it,” she said. “But sometimes, we perhaps have to make a point. And the message here was intended to be heard by the auto industry.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It may be sort of dead on arrival under this current administration.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Meredith Hankins, UCLA School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The auto industry \u003ca href=\"https://www.epa.gov/regulations-emissions-vehicles-and-engines/2011-commitment-letters-2017-2025-light-duty-national\" target=\"_blank\" rel=\"noopener\">initially supported\u003c/a> the fuel economy and greenhouse gas standards the Obama administration finalized in 2012. The standards were set through 2025, and a federal review in 2016 reported that industry was technologically on track to meet them. It also projected fuel savings and public health benefits for the public. But when President Trump took office, the auto industry asked the administration to revisit the issue.\u003c/p>\n\u003cp>The recent workshop wasn’t the first time Nichols had pointed words for the auto industry. At a public meeting in 2017, she asked automakers: “What were you thinking when you threw yourselves upon the mercy of the Trump administration to try to solve your problems?”\u003c/p>\n\u003cp>It’s not even the first time she’s \u003ca href=\"https://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-mary-nichols-electric-1506523771-htmlstory.html\" target=\"_blank\" rel=\"noopener\">talked about a ban\u003c/a>.\u003c/p>\n\u003cp>Perhaps that’s why when the auto industry heard Nichols’ latest message, it didn’t appear to worry. Gloria Bergquist, vice president of the Alliance of Automobile Manufacturers, said if the state banned the sale of traditional gas-powered vehicles, the industry would wind up selling more electrified ones.\u003c/p>\n\u003cp>“We’d move them from dealer’s lots and get them into people’s garages. So that’s good — good for automakers,” said Bergquist, who added the automakers she represents have a stake in selling the electrified models they’ve invested in.\u003c/p>\n\u003cp>The concern would be in areas where automakers don’t yet have enough options — like work vehicles, for instance. “There are very few electrified pickups that could do the work that [farmers] need to do,” Bergquist said.\u003c/p>\n\u003cp>\u003cstrong>Is a Ban Feasible?\u003c/strong>\u003c/p>\n\u003cp>No matter the action — bans, status quo or a continued battle with the Trump administration — California can expect to spend time in court to protect its air. But Bergquist declined to speculate whether the auto industry would fight a gas-powered car ban in court.\u003c/p>\n\u003cp>“We haven’t focused on it, just because we think it might have been some hyperbole,” she said.\u003c/p>\n\u003cp>The threat might not be real now, but it’s not an empty one. Nichols said they could do it, if it came to that.\u003c/p>\n\u003cp>“A requirement for 100% of all sales to be zero emissions vehicles means that no internal combustion engines would be able to be sold after a certain date,” she said.\u003c/p>\n\u003cp>The agency, she clarifies, isn’t proposing to do this right now. But, she said, “It’s something we would have to consider.”\u003c/p>\n\u003cp>Still, Meredith Hankins, Shapiro fellow in Environmental Law and Policy at the UCLA School of Law, warns it won’t be easy to go through the EPA to make that kind of change.\u003c/p>\n\u003cp>“It may be sort of dead on arrival under this current administration,” Hankins said. And going around the EPA is “an untested legal question.”\u003c/p>\n\u003cp>While other legal experts agree the air board probably could find a way to ban combustion engines, the question is whether it should.\u003c/p>\n\u003cp>“That would be a very blunt, last-resort approach,” Daniel Sperling, director of the Institute of Transportation Studies at UC Davis and a member of the air board, said in an email.\u003c/p>\n\u003cp>Sperling said he thinks a better strategy would be a legislative one called “feebates,” which use fees to discourage dirty car use, and rebates to encourage people to drive cleaner vehicles.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"clean-air","label":"More Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Legislature has yet to agree. Assemblyman Phil Ting, a San Francisco Democrat, saw his bill to ban registrations of gas-powered vehicles by 2040 die. His second, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB40\" target=\"_blank\" rel=\"noopener\">watered-down proposal\u003c/a> to plan for a clean-car future, stalled as well.\u003c/p>\n\u003cp>Local officials aren’t waiting for state action. New York City will kick off a toll program to cut downtown traffic in a few years, and Boston and Los Angeles are eyeing similar congestion-pricing initiatives. Smaller cities like Sacramento have increased parking prices and improved light rail. The strategy, Hankins said, makes it too expensive to drive in cities.\u003c/p>\n\u003cp>These are steps to a world Nichols is shooting for in the next quarter-century.\u003c/p>\n\u003cp>“By 2045, there can’t be any cars sold in California that aren’t zero emissions vehicles of one sort or another. I don’t expect to be alive to see that, but that’s where we’re headed.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11750889/will-californias-air-board-ban-gas-powered-cars-not-now","authors":["byline_news_11750889"],"programs":["news_72"],"categories":["news_19906","news_8","news_13","news_248","news_1397"],"tags":["news_20962"],"featImg":"news_11750905","label":"source_news_11750889"},"news_11725640":{"type":"posts","id":"news_11725640","meta":{"index":"posts_1591205157","site":"news","id":"11725640","score":null,"sort":[1550003365000]},"guestAuthors":[],"slug":"government-can-waive-environmental-laws-to-build-border-wall-prototypes-court-rules","title":"Government Can Waive Environmental Laws to Build Border Wall Prototypes, Court Rules","publishDate":1550003365,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>The Trump administration was within its rights to waive dozens of environmental laws to fast-track some border construction projects in Southern California, a federal appeals court has ruled.\u003c/p>\n\u003cp>The Department of Homeland Security \u003ca href=\"https://www.kqed.org/news/11606378/homeland-security-to-waive-environmental-rules-on-border-wall-projects\" target=\"_blank\" rel=\"noopener\">said in 2017\u003c/a> it would bypass various environmental regulations — including the National Environmental Policy Act, Clean Air Act, and Endangered Species Act — to quickly construct barriers and roads near the U.S.-Mexico border, \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/08/01/540892890/homeland-security-to-waive-environmental-rules-on-border-wall-projects\" target=\"_blank\" rel=\"noopener\">NPR reported\u003c/a>. By granting itself the waiver, the government avoided the requirement to complete environmental impact studies. Environmental advocacy groups and the state of \u003ca href=\"https://www.kqed.org/news/11617192/environmentalists-sue-to-block-us-border-wall-with-mexico\" target=\"_blank\" rel=\"noopener\">California quickly challenged the waiver\u003c/a> in court, arguing the agency overstepped its authority.\u003c/p>\n\u003cp>The \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/02/11/18-55474.pdf\" target=\"_blank\" rel=\"noopener\">court ruled Monday\u003c/a> that the agency has \"a broad grant of authority\" to waive environmental statutes if the director finds it necessary to quickly complete security projects. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly gave the government that power, the court said.\u003c/p>\n\u003cp>A Justice Department spokesman told The Hill that the court's ruling was \"a victory for the Trump administration, for the rule of law, and above all, for our border security.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dhs.gov/news/2017/08/01/dhs-issues-waiver-expedite-border-construction-projects-san-diego-area\" target=\"_blank\" rel=\"noopener\">waiver\u003c/a> let the government replace 14 miles of fencing on land stretching east from the Pacific Ocean, and also build \u003ca href=\"https://www.sandiegouniontribune.com/opinion/the-conversation/sd-trump-border-prototypes-san-diego-20180228-htmlstory.html\" target=\"_blank\" rel=\"noopener\">prototypes\u003c/a> of Trump's border wall in San Diego. Another project replaces an existing 14-foot section of fencing with a taller barrier that is supposed to be more effective.\u003c/p>\n\u003cfigure id=\"attachment_11725642\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11725642 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/ap_18357252388304-3b6af53db2d0ca1061410928e000223507f70b05-800x600.jpg\" alt=\"Border wall prototypes stand in San Diego near the Mexico U.S. border, seen from Tijuana. A federal court ruled Monday that the Department of Homeland Security had the authority to waive environmental regulations in constructing the prototypes.\" width=\"800\" height=\"600\">\u003cfigcaption class=\"wp-caption-text\">Border wall prototypes stand in San Diego near the Mexico-U.S. border, seen from Tijuana. A federal court ruled Monday that the Department of Homeland Security had the authority to waive environmental regulations in constructing the prototypes. \u003ccite>(Daniel Ochoa de Olza/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Sierra Club, one of the challengers in the case, said the advocacy group was contemplating next steps.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We're not saying necessarily the 9th Circuit or any judges got this wrong,\" they \u003ca href=\"https://thehill.com/regulation/court-battles/429444-appeals-court-sides-with-trump-in-border-wall-prototype-dispute\" target=\"_blank\" rel=\"noopener\">told The Hill\u003c/a>. \"I think that when Congress passed these statutes in the '90s, it was contemplating specific, real immigration issues. I think the problem is this legislation is so broad that it can fold in what is frankly a racist campaign slogan that turned into some presidential act to build a wall along our southern border without any justification.\"\u003c/p>\n\u003cp>The California Attorney General's Office said it was \"disappointed with the ruling, but pleased that the court recognized the Trump administration does not have unlimited power and that the administration's authority to build a barrier along our border is subject to judicial review,\" the \u003ca href=\"https://www.sfchronicle.com/news/article/Trump-s-border-wall-Fed-court-rejects-some-of-13608356.php\" target=\"_blank\" rel=\"noopener\">San Francisco Chronicle\u003c/a> reported.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This is not the first time DHS has waived environmental laws in order to build barriers and roads at the border. DHS used that power five times during 2005-2008, \u003ca href=\"https://www.npr.org/2017/08/01/540965349/dhs-waives-environmental-laws-for-border-wall-construction\" target=\"_blank\" rel=\"noopener\">NPR's Eric Westervelt reported\u003c/a>. A court rejected a similar lawsuit that alleged DHS had overstepped its authority in Texas, and in 2009 the \u003ca href=\"https://www.npr.org/templates/story/story.php?storyId=105401668\" target=\"_blank\" rel=\"noopener\">Supreme Court let that decision stand\u003c/a>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Government+Can+Waive+Environmental+Laws+To+Build+Border+Wall+Prototypes%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"Environmental groups and the state of California had argued that the Trump administration overstepped its authority when it waived the environmental laws to build border barriers. A court disagrees.","status":"publish","parent":0,"modified":1550020464,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":495},"headData":{"title":"Government Can Waive Environmental Laws to Build Border Wall Prototypes, Court Rules | KQED","description":"Environmental groups and the state of California had argued that the Trump administration overstepped its authority when it waived the environmental laws to build border barriers. A court disagrees.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Government Can Waive Environmental Laws to Build Border Wall Prototypes, Court Rules","datePublished":"2019-02-12T20:29:25.000Z","dateModified":"2019-02-13T01:14:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11725640 https://ww2.kqed.org/news/?p=11725640","disqusUrl":"https://ww2.kqed.org/news/2019/02/12/government-can-waive-environmental-laws-to-build-border-wall-prototypes-court-rules/","disqusTitle":"Government Can Waive Environmental Laws to Build Border Wall Prototypes, Court Rules","source":"NPR","sourceUrl":"https://www.npr.org","nprImageCredit":"Gregory Bull","nprByline":"\u003ca href=\"https://www.npr.org/people/620099155/matthew-schwartz\" rel=\"noopener\" target=\"_blank\">Matthew S. Schwartz\u003c/a>","nprImageAgency":"AP","nprStoryId":"693777466","nprApiLink":"http://api.npr.org/query?id=693777466&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/02/12/693777466/government-can-waive-environmental-laws-to-build-border-wall-prototypes-court-ru?ft=nprml&f=693777466","nprRetrievedStory":"1","nprPubDate":"Tue, 12 Feb 2019 07:04:00 -0500","nprStoryDate":"Tue, 12 Feb 2019 06:38:56 -0500","nprLastModifiedDate":"Tue, 12 Feb 2019 07:04:42 -0500","path":"/news/11725640/government-can-waive-environmental-laws-to-build-border-wall-prototypes-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Trump administration was within its rights to waive dozens of environmental laws to fast-track some border construction projects in Southern California, a federal appeals court has ruled.\u003c/p>\n\u003cp>The Department of Homeland Security \u003ca href=\"https://www.kqed.org/news/11606378/homeland-security-to-waive-environmental-rules-on-border-wall-projects\" target=\"_blank\" rel=\"noopener\">said in 2017\u003c/a> it would bypass various environmental regulations — including the National Environmental Policy Act, Clean Air Act, and Endangered Species Act — to quickly construct barriers and roads near the U.S.-Mexico border, \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/08/01/540892890/homeland-security-to-waive-environmental-rules-on-border-wall-projects\" target=\"_blank\" rel=\"noopener\">NPR reported\u003c/a>. By granting itself the waiver, the government avoided the requirement to complete environmental impact studies. Environmental advocacy groups and the state of \u003ca href=\"https://www.kqed.org/news/11617192/environmentalists-sue-to-block-us-border-wall-with-mexico\" target=\"_blank\" rel=\"noopener\">California quickly challenged the waiver\u003c/a> in court, arguing the agency overstepped its authority.\u003c/p>\n\u003cp>The \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/02/11/18-55474.pdf\" target=\"_blank\" rel=\"noopener\">court ruled Monday\u003c/a> that the agency has \"a broad grant of authority\" to waive environmental statutes if the director finds it necessary to quickly complete security projects. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly gave the government that power, the court said.\u003c/p>\n\u003cp>A Justice Department spokesman told The Hill that the court's ruling was \"a victory for the Trump administration, for the rule of law, and above all, for our border security.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dhs.gov/news/2017/08/01/dhs-issues-waiver-expedite-border-construction-projects-san-diego-area\" target=\"_blank\" rel=\"noopener\">waiver\u003c/a> let the government replace 14 miles of fencing on land stretching east from the Pacific Ocean, and also build \u003ca href=\"https://www.sandiegouniontribune.com/opinion/the-conversation/sd-trump-border-prototypes-san-diego-20180228-htmlstory.html\" target=\"_blank\" rel=\"noopener\">prototypes\u003c/a> of Trump's border wall in San Diego. Another project replaces an existing 14-foot section of fencing with a taller barrier that is supposed to be more effective.\u003c/p>\n\u003cfigure id=\"attachment_11725642\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11725642 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/ap_18357252388304-3b6af53db2d0ca1061410928e000223507f70b05-800x600.jpg\" alt=\"Border wall prototypes stand in San Diego near the Mexico U.S. border, seen from Tijuana. A federal court ruled Monday that the Department of Homeland Security had the authority to waive environmental regulations in constructing the prototypes.\" width=\"800\" height=\"600\">\u003cfigcaption class=\"wp-caption-text\">Border wall prototypes stand in San Diego near the Mexico-U.S. border, seen from Tijuana. A federal court ruled Monday that the Department of Homeland Security had the authority to waive environmental regulations in constructing the prototypes. \u003ccite>(Daniel Ochoa de Olza/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Sierra Club, one of the challengers in the case, said the advocacy group was contemplating next steps.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We're not saying necessarily the 9th Circuit or any judges got this wrong,\" they \u003ca href=\"https://thehill.com/regulation/court-battles/429444-appeals-court-sides-with-trump-in-border-wall-prototype-dispute\" target=\"_blank\" rel=\"noopener\">told The Hill\u003c/a>. \"I think that when Congress passed these statutes in the '90s, it was contemplating specific, real immigration issues. I think the problem is this legislation is so broad that it can fold in what is frankly a racist campaign slogan that turned into some presidential act to build a wall along our southern border without any justification.\"\u003c/p>\n\u003cp>The California Attorney General's Office said it was \"disappointed with the ruling, but pleased that the court recognized the Trump administration does not have unlimited power and that the administration's authority to build a barrier along our border is subject to judicial review,\" the \u003ca href=\"https://www.sfchronicle.com/news/article/Trump-s-border-wall-Fed-court-rejects-some-of-13608356.php\" target=\"_blank\" rel=\"noopener\">San Francisco Chronicle\u003c/a> reported.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This is not the first time DHS has waived environmental laws in order to build barriers and roads at the border. DHS used that power five times during 2005-2008, \u003ca href=\"https://www.npr.org/2017/08/01/540965349/dhs-waives-environmental-laws-for-border-wall-construction\" target=\"_blank\" rel=\"noopener\">NPR's Eric Westervelt reported\u003c/a>. A court rejected a similar lawsuit that alleged DHS had overstepped its authority in Texas, and in 2009 the \u003ca href=\"https://www.npr.org/templates/story/story.php?storyId=105401668\" target=\"_blank\" rel=\"noopener\">Supreme Court let that decision stand\u003c/a>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Government+Can+Waive+Environmental+Laws+To+Build+Border+Wall+Prototypes%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11725640/government-can-waive-environmental-laws-to-build-border-wall-prototypes-court-rules","authors":["byline_news_11725640"],"programs":["news_72"],"categories":["news_19906","news_1169","news_6188","news_8","news_13"],"tags":["news_20962","news_3716","news_1848","news_17869","news_21038"],"featImg":"news_11725641","label":"source_news_11725640"},"news_11694511":{"type":"posts","id":"news_11694511","meta":{"index":"posts_1591205157","site":"news","id":"11694511","score":null,"sort":[1537909535000]},"guestAuthors":[],"slug":"california-officials-call-on-trump-to-drop-rollback-of-fuel-standards","title":"California Officials Call on Trump to Drop Rollback of Fuel Standards","publishDate":1537909535,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>California Attorney General Xavier Becerra, Air Resources Board Chairwoman Mary Nichols and California EPA Secretary Matthew Rodriquez confronted federal officials at a contentious public hearing in downtown Fresno on Monday.\u003c/p>\n\u003cp>At the hearing, representatives of the federal EPA and National Highway Traffic Safety Administration (NHTSA) sat at a panel on one side of a stage, while dozens of officials, electric car proponents, public health experts and members of the public filed in and out throughout the day to testify.\u003c/p>\n\u003cp>Most expressed opposition to the Trump administration’s proposed changes to federal fuel economy standards.\u003c/p>\n\u003cp>The hearing was part of a 60-day public comment period on the proposed changes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'What the administration is proposing goes way beyond anything that the auto industry has asked for, and really amounts to a form of ideological opposition to anything that might benefit the fight against climate change.'\u003ccite>Mary Nichols, chairwoman of the California Air Resources Board\u003c/cite>\u003c/aside>\n\u003cp>The \u003ca href=\"https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V26O.pdf\" target=\"_blank\" rel=\"noopener\">Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule\u003c/a> for Model Years 2021-2026 Passenger Cars and Light Trucks — proposed by the EPA and the National Highway Traffic Safety Administration — would freeze fuel efficiency standards for cars, trucks and SUVs at the 2020 level through 2026.\u003c/p>\n\u003cp>Earlier this year, former EPA Administrator Scott Pruitt called fuel efficiency rules established by the Obama administration \"\u003ca href=\"https://www.kqed.org/science/1921972/epa-moves-to-weaken-landmark-fuel-efficiency-rules\" target=\"_blank\" rel=\"noopener\">too high\u003c/a>.\"\u003c/p>\n\u003cp>Federal officials argue the new standards would save consumers money and \u003ca href=\"https://www.govinfo.gov/content/pkg/FR-2018-08-24/pdf/2018-16820.pdf\">reduce highway fatalities\u003c/a>. Critics say the rule would undermine California’s efforts to decrease tailpipe emissions.\u003c/p>\n\u003ch2>California Would Lose Ability to Set Stricter Standards\u003c/h2>\n\u003cp>The Trump administration's SAFE proposal would also revoke California’s waiver of the Clean Air Act, a long-held special authority that lets the state enact stricter air pollution standards for motor vehicles than those set by the federal government. At least 12 other states and the District of Columbia follow California’s lead.\u003c/p>\n\u003cp>California officials called on the Trump administration to withdraw the SAFE proposal — and state EPA Secretary Matthew Rodriquez called the administration's challenge to California's Clean Air Act waiver \"illegal.\"\u003c/p>\n\u003cp>“The challenge to California’s authority to develop vehicle emissions standards is illegal, and disregards a successful decades-long federal-state partnership,\" he said.\u003c/p>\n\u003cp>After delivering their testimony, the California delegation, including Becerra, Nichols and Rodriquez, made statements and took questions from media.\u003c/p>\n\u003cp>“What is being proposed by the federal government is a non-starter for us. We’re moving forward, whether it’s in court, where we can win, or in the court of public opinion. We’re moving forward,” Attorney General Xavier Becerra said, vowing to take further legal action.\u003c/p>\n\u003cfigure id=\"attachment_11694585\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11694585\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/InsideProtesters-800x562.jpg\" alt=\"Inside the public hearing in Fresno on Monday, audience members listen to speakers and wait for their turn to testify. More hearings on the Trump administration's proposed fuel standards rollback are scheduled to take place in Pittsburg and Dearborn, Michigan.\" width=\"800\" height=\"562\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-800x562.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1020x716.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1200x843.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1180x828.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-960x674.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-240x169.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-375x263.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-520x365.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inside the public hearing in Fresno on Monday, audience members listen to speakers and wait for their turn to testify. More hearings on the Trump administration's proposed fuel standards rollback are scheduled to take place in Pittsburg and Dearborn, Michigan. \u003ccite>(Alexandra Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California and 16 other states have already \u003ca href=\"https://www.kqed.org/science/1923269/california-sues-over-plan-to-scrap-car-emission-standards\">filed a lawsuit\u003c/a> against the Trump administration's move.\u003c/p>\n\u003cp>“What the administration is proposing goes way beyond anything that the auto industry has asked for, and really amounts to a form of ideological opposition to anything that might benefit the fight against climate change,” said Air Resources Board Chairwoman Mary Nichols.\u003c/p>\n\u003cp>“We will not sit idly by as you propose to flatline our efforts. We must continue to insist on cars that produce fewer emissions, including millions more zero emissions vehicles,\" she said.\u003c/p>\n\u003cp>Outside the hearing, protesters held signs and chanted, “What do we want? Clean cars! When do want ‘em? Now!”\u003c/p>\n\u003cp>Bakersfield, Los Angeles, Visalia and Fresno top the American Lung Association’s list of the \u003ca href=\"http://www.lung.org/our-initiatives/healthy-air/sota/city-rankings/most-polluted-cities.html\">most polluted cities\u003c/a> in the country.\u003c/p>\n\u003cp>“There’s some days I can’t ride my bicycle because the air pollution is so bad,” said Paul Gipe, who drove up from Bakersfield with his wife in the couple’s electric car.\u003c/p>\n\u003cp>“California is a wonderful place to live. It’s like paradise. And one of the reasons why people live here is so they can do things outdoors. If you can’t go outdoors because the air pollution is so severe, one of the great attributes of California is lost. It’s given up.”\u003c/p>\n\u003cp>Additional public comment hearings on the SAFE Vehicles Rule will take place in Pittsburg and Dearborn, Michigan, this week. The public comment period ends in late October.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The Trump administration’s SAFE Vehicles Rule aims to dismantle current fuel efficiency standards, and would take away California’s authority to craft its own air pollution rules.","status":"publish","parent":0,"modified":1537916414,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":751},"headData":{"title":"California Officials Call on Trump to Drop Rollback of Fuel Standards | KQED","description":"The Trump administration’s SAFE Vehicles Rule aims to dismantle current fuel efficiency standards, and would take away California’s authority to craft its own air pollution rules.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Officials Call on Trump to Drop Rollback of Fuel Standards","datePublished":"2018-09-25T21:05:35.000Z","dateModified":"2018-09-25T23:00:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11694511 https://ww2.kqed.org/news/?p=11694511","disqusUrl":"https://ww2.kqed.org/news/2018/09/25/california-officials-call-on-trump-to-drop-rollback-of-fuel-standards/","disqusTitle":"California Officials Call on Trump to Drop Rollback of Fuel Standards","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/09/TCRAM20180925HallEmmissionsStandards.mp3","audioTrackLength":81,"path":"/news/11694511/california-officials-call-on-trump-to-drop-rollback-of-fuel-standards","audioDuration":95000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Xavier Becerra, Air Resources Board Chairwoman Mary Nichols and California EPA Secretary Matthew Rodriquez confronted federal officials at a contentious public hearing in downtown Fresno on Monday.\u003c/p>\n\u003cp>At the hearing, representatives of the federal EPA and National Highway Traffic Safety Administration (NHTSA) sat at a panel on one side of a stage, while dozens of officials, electric car proponents, public health experts and members of the public filed in and out throughout the day to testify.\u003c/p>\n\u003cp>Most expressed opposition to the Trump administration’s proposed changes to federal fuel economy standards.\u003c/p>\n\u003cp>The hearing was part of a 60-day public comment period on the proposed changes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'What the administration is proposing goes way beyond anything that the auto industry has asked for, and really amounts to a form of ideological opposition to anything that might benefit the fight against climate change.'\u003ccite>Mary Nichols, chairwoman of the California Air Resources Board\u003c/cite>\u003c/aside>\n\u003cp>The \u003ca href=\"https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V26O.pdf\" target=\"_blank\" rel=\"noopener\">Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule\u003c/a> for Model Years 2021-2026 Passenger Cars and Light Trucks — proposed by the EPA and the National Highway Traffic Safety Administration — would freeze fuel efficiency standards for cars, trucks and SUVs at the 2020 level through 2026.\u003c/p>\n\u003cp>Earlier this year, former EPA Administrator Scott Pruitt called fuel efficiency rules established by the Obama administration \"\u003ca href=\"https://www.kqed.org/science/1921972/epa-moves-to-weaken-landmark-fuel-efficiency-rules\" target=\"_blank\" rel=\"noopener\">too high\u003c/a>.\"\u003c/p>\n\u003cp>Federal officials argue the new standards would save consumers money and \u003ca href=\"https://www.govinfo.gov/content/pkg/FR-2018-08-24/pdf/2018-16820.pdf\">reduce highway fatalities\u003c/a>. Critics say the rule would undermine California’s efforts to decrease tailpipe emissions.\u003c/p>\n\u003ch2>California Would Lose Ability to Set Stricter Standards\u003c/h2>\n\u003cp>The Trump administration's SAFE proposal would also revoke California’s waiver of the Clean Air Act, a long-held special authority that lets the state enact stricter air pollution standards for motor vehicles than those set by the federal government. At least 12 other states and the District of Columbia follow California’s lead.\u003c/p>\n\u003cp>California officials called on the Trump administration to withdraw the SAFE proposal — and state EPA Secretary Matthew Rodriquez called the administration's challenge to California's Clean Air Act waiver \"illegal.\"\u003c/p>\n\u003cp>“The challenge to California’s authority to develop vehicle emissions standards is illegal, and disregards a successful decades-long federal-state partnership,\" he said.\u003c/p>\n\u003cp>After delivering their testimony, the California delegation, including Becerra, Nichols and Rodriquez, made statements and took questions from media.\u003c/p>\n\u003cp>“What is being proposed by the federal government is a non-starter for us. We’re moving forward, whether it’s in court, where we can win, or in the court of public opinion. We’re moving forward,” Attorney General Xavier Becerra said, vowing to take further legal action.\u003c/p>\n\u003cfigure id=\"attachment_11694585\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11694585\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/InsideProtesters-800x562.jpg\" alt=\"Inside the public hearing in Fresno on Monday, audience members listen to speakers and wait for their turn to testify. More hearings on the Trump administration's proposed fuel standards rollback are scheduled to take place in Pittsburg and Dearborn, Michigan.\" width=\"800\" height=\"562\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-800x562.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1020x716.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1200x843.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-1180x828.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-960x674.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-240x169.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-375x263.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/InsideProtesters-520x365.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inside the public hearing in Fresno on Monday, audience members listen to speakers and wait for their turn to testify. More hearings on the Trump administration's proposed fuel standards rollback are scheduled to take place in Pittsburg and Dearborn, Michigan. \u003ccite>(Alexandra Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California and 16 other states have already \u003ca href=\"https://www.kqed.org/science/1923269/california-sues-over-plan-to-scrap-car-emission-standards\">filed a lawsuit\u003c/a> against the Trump administration's move.\u003c/p>\n\u003cp>“What the administration is proposing goes way beyond anything that the auto industry has asked for, and really amounts to a form of ideological opposition to anything that might benefit the fight against climate change,” said Air Resources Board Chairwoman Mary Nichols.\u003c/p>\n\u003cp>“We will not sit idly by as you propose to flatline our efforts. We must continue to insist on cars that produce fewer emissions, including millions more zero emissions vehicles,\" she said.\u003c/p>\n\u003cp>Outside the hearing, protesters held signs and chanted, “What do we want? Clean cars! When do want ‘em? Now!”\u003c/p>\n\u003cp>Bakersfield, Los Angeles, Visalia and Fresno top the American Lung Association’s list of the \u003ca href=\"http://www.lung.org/our-initiatives/healthy-air/sota/city-rankings/most-polluted-cities.html\">most polluted cities\u003c/a> in the country.\u003c/p>\n\u003cp>“There’s some days I can’t ride my bicycle because the air pollution is so bad,” said Paul Gipe, who drove up from Bakersfield with his wife in the couple’s electric car.\u003c/p>\n\u003cp>“California is a wonderful place to live. It’s like paradise. And one of the reasons why people live here is so they can do things outdoors. If you can’t go outdoors because the air pollution is so severe, one of the great attributes of California is lost. It’s given up.”\u003c/p>\n\u003cp>Additional public comment hearings on the SAFE Vehicles Rule will take place in Pittsburg and Dearborn, Michigan, this week. The public comment period ends in late October.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11694511/california-officials-call-on-trump-to-drop-rollback-of-fuel-standards","authors":["11490"],"programs":["news_72"],"categories":["news_19906","news_8","news_13","news_356","news_248","news_1397"],"tags":["news_246","news_20962","news_1323","news_22457","news_21348","news_21506","news_19542","news_23866","news_22889","news_1057","news_17041","news_20378"],"featImg":"news_11694544","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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