California Air Agency to Protect Schools, Hospitals

By William J. Kelly

LOS ANGELES, California, February 27, 2003 (ENS) - Southern California air quality regulators are busy mapping an ambitious strategy to reduce the health risk of air pollution in neighborhoods bombarded with toxic emissions from multiple sources, such as factories, freeways, and busy warehouses.

The plan, in the early stages of development, eventually could entail new public notification requirements for schools and home builders and make the regional air pollution control agency more prominent in land use decisions, a realm traditionally reserved for local government.

Industries and other businesses, such as warehouse operators, may face a new round of regulation to reduce emissions of toxic pollutants, including diesel soot from delivery trucks.

Driving development of the plan by the South Coast Air Quality Management District is the long held concern of environmental justice organizers that some communities are disproportionately affected by toxic emissions due to past development patterns and continuing economic factors and zoning rules that attract new polluting industries and facilities.

This aerial view of the Vincent Thomas Bridge in the Los Angeles area city of San Pedro shows the region's poor air quality. (Photo courtesy CalTrans)

"We want business and economic development," said Bahram Fazeli, staff scientist for Communities for a Better Environment, "but not at the cost of our health."

This spring, the air district plans to present a policy paper to its board that will outline a number of recommended actions for better controlling so-called "cumulative impacts" in neighborhoods across southern California that lie near clusters of polluting facilities.

The California Air Resources Board is developing its own statewide program, including an Internet based information system, known as the Community Health Air Pollution Information System, that will allow city planners and the public to assess cumulative emissions, exposures, and health risks.

In Southern California, the air district is developing its policy paper with the help of an advisory group that includes representatives of community groups and major energy and manufacturing concerns. The group does not include representatives from the building industry or local government planning departments, which play a key role in determining the proximity of polluting facilities to housing.

Among the nine options for reducing cumulative risk, one that has met little resistance from the advisory committee would require developers of new schools, hospitals, day care centers, and home builders to provide notice to their patrons of toxic emissions within 1,000 feet. "We think that could influence some land use decisions," said Jill Whynot, a planning manager for the district who is in charge of developing the policy paper.

Under an early draft of the plan, the district would seek legislation in Sacramento that first would require school districts to provide notice of toxic emissions within 1,000 feet of any new school to parents through letters and signs at the school.

"I don't think that they should build a school that lies along a freeway," said Barry Wallerstein, executive officer of the air pollution control agency.

The Harbor Freeway passes through a Los Angeles neighborhood. (Photo courtesy CalTrans)

The plan to require schools to provide notice of nearby toxic emissions comes amid a new school construction boom in California stemming from passage of a recent statewide school bond measure, as well as approval of many local school bonds up and down the state. Another major school bond is headed to the ballot in 2004, which would continue the construction boom.

School officials, who are not represented on the air agency's advisory group, bristled at the idea of the public notification requirement. "Did I miss something,?" asked Dave Walrath, consultant to the California Coalition for Adequate School Housing, a group that represents school districts and county offices of education. "Public safety is a local responsibility. We're not trained to do that."

Walrath said that school districts already account for hazards in their neighborhood when they choose a new school location based on requirements of the California Department of Education. He added that the department is examining how to handle inclusion of freeway proximity in school location decisions.

The California Healthcare Association, which represents hospitals, was unaware of the air district's disclosure plan and expressed surprise. "In California, there are freeways everywhere," said Jan Emerson, chief spokesperson for the association.

Recent studies show that levels of pollution just downwind of freeways and busy boulevards can be more than four to 10 times higher than upwind. The highly concentrated pollution is associated with increased incidence of asthma, respiratory disease, and cancer.

Other options under consideration by the air district for reducing health risk in areas affected by cumulative risk include:

• Requiring new and existing facilities to meet stricter air pollution control standards than facilities in other areas or pay into a fund that the district would use to reduce emissions from other sources in the area
• Adopting a new regulation to require use of low emission and clean equipment at shipping facilities, including ports, rail yards, and large distribution centers
• Requiring facilities that need backup generators to install clean-fueled engines or solar or fuel cell systems for making electricity.

Once the agency's board approves the policy paper, the agency will have to seek any needed legislation in Sacramento and develop any recommended regulations for subsequent adoption by its board.

{Published in cooperation with California Environment Report, a Southland Reports publication, online at: www.southlandreports.com