Port of L.A. Surpasses 2020 Clean Air Goal

August 24, 2017 by · Leave a Comment 

The Port of Los Angeles achieved record clean air gains in 2016 while also moving a record level of cargo, according to a report released Friday.

The 2016 Inventory of Air Emissions report also found that the port surpassed its 2020 goal for reducing the health risk of its emissions.

“Our ports are the engines that power our economy, and they can also be the forces that drive our region toward a greener, healthier future,” Los Angeles Mayor Eric Garcetti said. “These outstanding results are a powerful demonstration of how we can continue making our air cleaner even as we move record amounts of cargo at the port — and I’ll keep pushing for continued progress toward the goal of zero emissions goods movement at the ports.”

The report also found that since the port’s baseline year in 2005, diesel particulate matter emissions have fallen 87 percent, sulfur oxides emissions have fallen 98 percent, and nitrogen oxide emissions have fallen 57 percent.

“The 2016 report validates the benefit of our clean air strategies in combination with improved operational efficiency,” said Port of Los Angeles Executive Director Gene Seroka. “We’re proud of the extraordinary progress we’ve made reducing emissions since 2006, and we’re determined to do more in the years ahead.”

During 2016, the port moved a record 8.85 million 20-foot equivalent units, an 18 percent increase in cargo since the 2005 baseline inventory.

“As emissions decline and cargo throughput rises, chipping away at what’s left gets tougher,” Port Director of Environmental Management Chris Cannon said. “The 2016 report reflects tremendous strides we’ve made with the help of all our industry and community partners.”

Has California Hit The Brakes In Regulating Breath-Robbing Big Rigs?

July 27, 2017 by · Leave a Comment 

OAKLAND, Calif. — James Lockett sits on his bed and opens the drawer of his nightstand, revealing a stash of asthma inhalers: purple disc-shaped ones he uses twice a day to manage his symptoms and others for full-blown attacks.

Lockett, 70, says he never leaves home without an emergency inhaler.

His senior housing complex in East Oakland is less than a mile from Interstate 880, a major corridor for freight trucks shuttling to and from the Port of Oakland. On the way to factories and warehouses, the trucks often roll through streets near homes, schools and libraries.

The diesel-fueled big rigs are a major source of air pollution, spewing soot and other pollutants that can cause or aggravate respiratory conditions such as asthma and bronchitis.

Just walking while talking on his cellphone can leave him short of breath, Lockett said. “The [asthma] triggers here, without my medications, it would be terrible.”

California has cleaned up its diesel fleet significantly in recent years by phasing out older trucks and requiring operators to install the latest pollution-control equipment. But local air district officials and environmental advocates say more needs to be done and that the emissions goal should be close to zero.

Efforts to get there are stalled, they say, in part because of a provision in the $52 billion road improvement law signed in April by Gov. Jerry Brown. That provision exempts most diesel trucks on the road from future emissions reduction requirements for many years.

Regulators and environmentalists warn that, without further reductions in emissions, many residents who live near major truck routes or the port remain at high risk of cancer, heart problems, asthma and other lung diseases, especially children and seniors.

Asthma is a critical problem in Oakland for these two groups. Among other indicators, the rate of emergency room visits for asthma among seniors (age 65 and older) in East Oakland, where Lockett lives, is nearly three times higher than it is statewide, and the rate in West Oakland is nearly two times higher, according to state and county data.

Austin Carter, 13, learns how to properly use an inhaler during his visit at the Breathmobile clinic in Oakland in May. (Heidi de Marco/California Healthline)

Similarly, children in these neighborhoods go to the emergency room for asthma at more than double the rate of their peers statewide, according to 2016 data. In the heart of West Oakland, near the port, nearly 21 percent of children have been diagnosed with asthma, according to 2014 data from the California Health Interview Survey. That’s well above the statewide average of 15 percent.

A mobile asthma clinic called a Breathmobile regularly parks at elementary schools near the port, and Darryl Carter makes good use of it for son Austin, 13. During a recent visit, he recalled a terrifying attack eight years ago that sent Austin to the hospital. Since then, the boy’s been back to the hospital three or four times — not ideal, but the Breathmobile visits have made a difference.

Asthma has multiple causes and triggers, including poor housing conditions, a family history of the disease, certain weather conditions and exposure to cigarette smoke. Poverty, lack of access to health care and little knowledge of preventive care all can contribute to high rates of emergency visits, said Dr. Washington Burns, administrative director of the Breathmobile in Northern California.

However, “there’s often more asthma around corridors with trucks and cars than in areas where there aren’t,” Washington said.

Diesel trucks account for 2 percent of vehicles but emit 30 percent of key smog-forming nitrogen oxides and 65 percent of the soot attributable to motor vehicles, according to the state Air Resources Board (ARB).

A ‘Dirty Deal’?

In 2015, the Oakland City Council began diverting trucks from streets with homes, schools or senior centers. But some community activists say enforcement of these local ordinances has not been strong enough.

The provision in the state’s new law exempts all but the oldest or highest-mileage trucks from any new emission reduction rules the state might impose. The exemption lasts 18 years from the time they meet current emissions standards or until they have traveled 800,000 miles.

It’s unclear exactly how the exemption will affect local air districts and ports that want to cut emissions further. Environmentalists say these agencies may face resistance and risk being sued by the trucking industry if they forge ahead with more aggressive plans.

Critics say the governor agreed to the last-minute exemption to gain the trucking industry’s support for higher diesel and gas taxes that, along with vehicle fees, are expected to raise $5.2 billion annually over 10 years to repair roads and bridges and to expand public transit.

Bill Magavern, policy director for the Sacramento-based Coalition for Clean Air, said improving infrastructure is laudable but should not come at the cost of clean air.

“There’s a lot to like in that bill, and we hated to oppose it,” but there was a “dirty deal” thrown in at the last minute, Magavern said.

Gov. Brown’s office referred questions on the truckers’ amendment to the ARB, the state’s clean-air agency.

The ARB said it can provide incentives to further reduce emissions without imposing additional requirements. And the new law, it said, will strengthen enforcement of existing rules.

Under the law, “truck operators can be denied [Department of Motor Vehicles] registration if they’re not meeting the current rules,” board spokesman David Clegern said. “Diesel pollution will be reduced by bringing 300,000 more trucks into compliance.”

Local air managers in Southern California say greater enforcement of current rules is important, but it won’t sufficiently accelerate turnover of the truck fleet. And that’s crucial to helping Southern California meet federal clean-air standards, said Philip Fine, deputy executive officer of planning and rule development with the South Coast Air Quality Management District.

The problem for local air districts and ports is that when it comes to directly regulating mobile sources of pollution like diesel trucks, the state is the boss. It approves local district plans, and the local districts more or less oversee the ports. So the most effective way to reduce trucker emissions is to set stringent policy at the state level, as California has aggressively done in the past.

Emissions Way Down

But truckers say the state has imposed enough requirements. Chris Shimoda, vice president of government affairs for the California Trucking Association, said diesel emissions from trucks in California ports have fallen dramatically in recent years.

“This is attributable to the current $1 billion annually being invested by truckers in the cleanest available technology throughout the state,” Shimoda said.

He also said that being exempted from any future state emissions-reduction requirements reassures the trucking industry that it will recoup the investment it is making in new engines to meet current state standards.

Under existing state rules, owners of heavy-duty trucks must have 2010 or newer-model engines by 2023.

Those rules have dramatically improved air quality. A study by the Bay Area Air Quality Management District, among others, found that from 2009 to 2013 emissions of black carbon from trucks at the Port of Oakland dropped by 76 percent and nitrogen oxides by 53 percent.

People living near ports like the one in Oakland have benefited from the state’s efforts to clean up the truck fleet — by phasing out older models and requiring operators to install the latest pollution-control equipment. (Heidi de Marco/California Healthline)

Critics: More Progress Needed

Still, ports throughout the state rely mostly on diesel to power vessels, yard equipment, trains and trucks. Ports in Southern California remain the single-largest fixed source of smog-forming pollution in the region. And the Port of Oakland is the largest fixed emitter of diesel pollution in the Bay Area, local air managers say.

That’s why local districts were alarmed by the governor’s concession to the trucking industry, said Tom Addison, legislative and policy adviser for the Bay Area air district.

It “gives the trucking industry a get-out-of-jail-free card,” said David Pettit, senior attorney with the Natural Resources Defense Council. “It bars any kind of state regulations that might require truckers to move to a different kind of truck — natural gas-powered, electric or hydrogen fuels — when those become available in the market.”

Last month, the mayors of Los Angeles and Long Beach set ambitious goals for the ports to transition to zero-emission truck and yard equipment over the next 20 years. The mayors affirmed that the ports’ 2017 clean-air blueprint, which is expected to be released Wednesday, will include further emissions reductions from ships and the development of a zero-emissions truck pilot program.

But the new state law calls into question whether those plans — and others in coming years — will be enforceable.

If the ports in Southern California announced that in five years they’re going to have an all zero-emissions fleet, Pettit said, “they’d be sued [by the trucking association] in a heartbeat.”

Updated 4:30 p.m.: Includes entire text of original story published by California Healthline.

In California Clean Air Fight, Environmental Justice Takes a Leading Role

August 11, 2016 by · Leave a Comment 

Inside Climate News – Southern California has some of the dirtiest air in the country, but it’s a lot more breathable than it used to be. Much of the credit goes to the powerful regional agency responsible for stricter rules and enforcing federal air quality standards over the last 19 years.

Now that agency, the South Coast Air Quality Management District, is at the center of a political power struggle. A new Republican majority has worked to roll back the district’s innovative policies that led to cleaner air. That prompted concern among clean-air advocates and the poor and minority communities disproportionately affected by the region’s dirty air that the board would continue to erode pollution controls. So they are fighting back.

They rallied behind a bill that awaits a decision this month by the state Assembly. It was passed by the state Senate and calls for adding three seats to the district’s 13-member board, to be filled by “a bona fide nonprofit environmental justice organization that advocates for clean air and pollution reductions.”

“The system is broken and the board does not reflect the voice of the people who are suffering in their communities,” said Lizette Hernandez, a Southern California organizer for the Sierra Club, an environmental organization.

Board member Shawn Nelson, a Republican, called the bill a power grab by state Democratic lawmakers. It is a “kangaroo effort all to perpetuate this idea that this board is out of control, doesn’t care about clean air, which is completely ridiculous,” he said.

(Photo by N. Nguyenen New America Media )

(Photo by N. Nguyenen New America Media )

The battle began when Republican appointees gained a majority of the district in January. Traditionally, the board has operated in a non-partisan manner. It was led since 1997 by executive director Barry Wallerstein.

But the new Republican majority immediately changed direction. In a closed-door meeting in March, it finalized a controversial rule allowing oil refiners, power plants and other major polluters to release more smog-producing emissions. It also ousted Wallerstein.

“This was an ‘aha’ moment when it became so clear that the oil industry had so much power and influence over this board,” said Adrian Martinez, a staff attorney for the environmental group Earthjustice.

“The board wasn’t doing its job to protect the region and the people who were suffering,” he said. “That had to change.”

Sen. Kevin de León (D-Los Angeles) introduced the bill to expand the board and it passed the Democratic-controlled state Senate in May.

The state Assembly, where Democrats also hold an edge, is expected to consider the measure

this month. Gov. Jerry Brown has not said whether he’d sign it.

The South Coast district is California’s largest air quality agency by population: More than 40 percent of the state’s 39 million people live within its boundaries, which include Orange County and large portions of Los Angeles, Riverside and San Bernardino counties.

The strategy of Republican board members is to all but eliminate traditional regulatory enforcement. The district has proposed a voluntary compliance plan that would essentially pay companies to reduce emissions, via financial incentives. Republicans say those would reach $1 billion a year by 2031, but the environmental groups are skeptical it would work.

Nelson defended the board’s change in direction, saying regulations put a burden on business that ultimately affects everyone.

“If our effort to help our local citizens and balance the interests of poor people suffering the effects of increased fuel costs and other things—along with our absolute desire to continue to clear the air—if we didn’t get that perfect, then so be it,” Nelson said. “But it wasn’t for lack of love, effort and appreciation for the people we represent.”

Many lower-income and minority communities are located near power plants, refineries, oil and gas fields, and other facilities that pump out volatile organic compounds and greenhouse gases. For instance, the Los Angeles community of Wilmington and the city of Santa Monica are only 25 miles apart. Eleven refineries and oil and gas extraction facilities are located in Wilmington; 90 percent of the 53,000 residents are people of color and the median household income is $40,000.

5-year-old Alani often gasps and wheezes in the grips of asthma attacks, which her mother believes is aggravated by air pollution. (Courtesy of Carol Hernandez)

5-year-old Alani often gasps and wheezes in the grips of asthma attacks, which her mother believes is aggravated by air pollution. (Courtesy of Carol Hernandez)

In Santa Monica, where 78 percent of the 92,000 residents are white, there are no refineries or oil facilities and the median household income is $73,000 a year.’

A 2014 national study of the demographics of air pollution exposures included parts of the South Coast district. Researchers found that there, on average, people of color are exposed to levels of nitrogen dioxide in outdoor air pollution 38 percent higher than those of white people.

“What we have seen for the South Coast is that disadvantaged communities of color tend to have higher exposures to pollutants,” said Julian Marshall, one of the researchers. “It’s a pretty consistent pattern and trend.”

Hernandez, the Sierra Club organizer who lives in a part of South Los Angeles surrounded by refineries and oil and gas production facilities, said the communities most in need of environmental representation are those that have suffered for decades under the weight of racial bias and economic neglect. Putting environmental justice groups in charge of air quality would be a sea change.

Carol Hernandez, 32, a social worker in San Bernardino County, grew up in Fontana, where nearly 60 percent of the population is Hispanic. When she was a girl in the 1980s, the air was foul, and it’s still foul now, she said. Hernandez (who is not related to Lizette Hernandez) said her 5-year-old daughter, Alani, often gasps and wheezes in the grips of asthma attacks, which she says are aggravated by the air pollution.

“We can’t spend a lot of time outside playing because it gets so bad she can’t breathe,” Hernandez said. The air quality in San Bernardino County has been graded F by the American Lung Association because of the health hazards posed by the bad air, though it has shown improvement in the last decade.

“I don’t think anybody cared what was happening when I was little,” she said, “and they don’t care now.”

A longer version of this story was published Aug. 5 on the Inside Climate News website.

DTSC Director Apologizes to Eastside Residents

April 10, 2015 by · 1 Comment 

[Updated: April 16, 12p.m.]

“I’m sorry.” Two words Eastside residents never thought they would hear from the state agency charged with regulating a controversial Vernon-based acid-lead battery recycler found to have repeatedly violated toxic chemical air emissions standards.

For the first time since taking the helm of the Department of Toxic Substances Control, Director Barbara Lee personally addressed a public meeting discussing the now-closed Exide Technologies plant. DTSC has been heavily criticized for “failing” to protect the public from arsenic and lead emissions, chemicals known to cause cancer and neurological damage.

“I know many feel the department has failed you, I want to start of by saying I’m very sorry,” Lee told hundreds of residents and environmental activists during a meeting April 9 at Resurrection Church in Boyle Heights to discuss Exide’s closure plan.

The tone at last week’s meeting was quieter and less combative then past meetings, but skepticism and mistrust still hung heavy in the air.

“We want to know what happened …we want to know who is responsible,” demanded Mark Lopez, director of East Yard Communities for Environmental Justices.

DTSC Director Barbara Lee apologizes to eastside residents Thursday at Resurrection Church in Boyle Heights. (EGP photo by Nancy Martinez)

DTSC Director Barbara Lee apologizes to eastside residents Thursday at Resurrection Church in Boyle Heights. (EGP photo by Nancy Martinez)

Lopez asked Lee if she would consider opening a criminal investigation into DTSC’s handling of the Vernon plant, which it allowed to operate on an interim permit for decades despite being found to have exposed eastside residents to cancer-causing toxins.

Lee did not at first directly respond to the request, instead denying any criminal activity on the part of the department, but Lopez pressed on.

“We want accountability. What happened before was not your fault, but moving forward is all your responsibility,” said Lopez, drawing loud applause from the approximately 200 people at the meeting.

“Would you be willing to let me think about it?” Lee asked.

Dozens of members of the Los Angeles Latino Business Chamber of Commerce attended the Distinguished Speakers Series event April 10. (EGP photo by Nancy Martinez)

Dozens of members of the Los Angeles Latino Business Chamber of Commerce attended the Distinguished Speakers Series event April 10. (EGP photo by Nancy Martinez)

Lopez agreed, explaining he didn’t expect the DTSC director to make a decision right then and there. “I just want to make sure you respond on the record in front of all of us,” he said.

Lee was appointed to head DTSC about four months ago and was not part of the protracted battle to shutter the troubled plant, but said she understands why residents mistrust the agency.

“It’s important we do not let this happen again,” she said, promising to do things differently moving forward.

For more than a decade, area residents complained to DTSC and the South Coast Air Quality Management District about Exide, but it took an investigation by the U.S. Attorney’s office to permanently close down the facility.

Federal authorities announced last month that they had struck a deal to close the plant in exchange for Exide and its executives avoiding criminal prosecution for their illegal handling of hazardous waste. The deal requires Exide to pay the entire cost to clean its plant and homes in the surrounding community found to have been contaminated. DTSC will oversee the closure and clean up.

“We won folks,” Monsignor John Moretta happily told the crowd.

However, not everyone is as convinced or ready to forgive.

“I don’t want to hear I’m sorry because nobody is more sorry than me,” said a tearful Terry Cano before she shared that her father had died from cancer she believes was caused by Exide’s emissions.

“You’re telling me this is the best you can do,” she said, angry that there will be no criminal prosecutions.

Boyle Heights resident Terry Cano shared her concerns with the way DTSC handled the Exide plant in Vernon last week at Resurrection Church. (EGP photo by Nancy Martinez)

Boyle Heights resident Terry Cano shared her concerns with the way DTSC handled the Exide plant in Vernon last week at Resurrection Church. (EGP photo by Nancy Martinez)

The meeting drew residents from Boyle Heights, East Los Angeles, Maywood, Commerce and Huntington Park, the area most heavily impacted by Exide generated pollution. Several people said the deal did not do enough to compensate the people harmed by the Vernon plant.

Teresa Marquez told Lee she believes the director wants to move the agency forward, but questioned whether any DTSC employee had been fired over the agency’s handling of the facility.

Lee said DTSC is being overhauled and new deputy directors have been brought in to replace staff no longer at the agency.

That prompted Lopez to again push for a criminal investigation.

“We want to know where they are now and if they are working for another similar agency making those same [bad] decisions,” he said. There is no victory until a closer look is taken at the systemic problems that allowed a company like Exide to keep polluting the community for so long, without that, real change is not possible, Lopez said.

A Huntington Park resident asked Lee to consider expanding the area being tested for lead and arsenic to include more nearby communities. Currently, testing is focused on East L.A., Boyle Heights and Maywood, which Lee explained was determined by AQMD modeling that identified the areas most likely to be contaminated.

“Predictions also come in the form of weather forecasts and they’re not always right,” the resident responded.

DTSC Director Barbara Lee, pictured right, apologizes to eastside residents at Resurrection Church April 9 (EGP photo by Nancy Martinez)

DTSC Director Barbara Lee, pictured right, apologizes to eastside residents at Resurrection Church April 9 (EGP photo by Nancy Martinez)

Moving forward, Exide has to submit a closure/post closure plan to DTSC by May 15. The agency will review the plans for compliance then present the plan to the public for comment sometime in the fall. Removal of the buildings and structures at the site is expected to start in spring 2016 and take 19-24 months to complete.

“For too many years we did not listen well to you,” Lee told the audience, acknowledging that many residents are not yet ready to trust the agencies responsible for regulating Exide.

“I don’t expect by standing here I will change that, I have to earn your trust,” she said. “I can’t promise you I will always get it right, but I will always give it my best. I hope you will be ready to take one step forward with us,” she said.

“It’s refreshing to hear a different tone,” remarked Maywood Councilman Oscar Magaña.

But for Boyle Heights resident Joe Gonzalez, the fight is far from over.

“We haven’t won,” he said, “we just threw the first punch that will change the momentum.”

 

 

Coalition Calls For Affordable Housing Near Transit

February 26, 2015 by · 1 Comment 

With at least $40 billion in transportation projects being built or planned in the Los Angeles area over the coming years, a transit-focused coalition urged city leaders Wednesday to keep housing near transit corridors affordable for those most dependent on public transportation.

Three-quarters of people in the Los Angeles area who use public transportation to get to work earn less than $25,000 a year – compared with the $60,000 median annual income for greater Los Angeles residents in 2014, according to the Alliance for Community Transit.

Those lower-wage earners could be priced out of neighborhoods near transportation hubs if city leaders fail to enact policies to protect them, according to an ACT white paper, which says research has shown that transportation projects tend to drive up nearby housing costs.

Boyle Heights resident and Alliance member Fanny Ortiz said city leaders should “act aggressively to ensure that affordable housing for very low-income families near transit is created, so that gentrification doesn’t decimate entire communities.”

The $40 billion in transportation investment mostly comes out of the voter-approved Measure R half-cent sales tax increase, according the Alliance.

Alliance members urged Los Angeles city leaders to take proactive measures to keep housing affordable near public transit corridors, which they said will also lower greenhouse gas and air pollution and create more jobs for Angelenos.

“Los Angeles is making an unprecedented investment in public transportation. For the system to work, we need to plan now to ensure it is accessible to those most likely to use it,” said Laura Raymond, campaign director for the Alliance. “This is going to depend on ensuring housing affordability and community economic development along transit lines.”

The 2013 Cornfield Arroyo Seco Specific Plan and the 2011 Mayor’s Transit Corridors Cabinet could serve as models for future transportation and urban planning, according to the ACT.

The Alliance’s white paper, “Transit For All: Achieving Equity in Transit-Oriented Development” can be read at www.allianceforcommunitytransit.org/transit-for-all.

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