Air Quality Regulators Impose Rule on Developers

San Joaquin Valley air quality officials Thursday approved what are believed to be the nation’s first rules requiring developers to pay fees or alter building plans in order to reduce air pollution.

The rules, scheduled to take effect in March, are primarily an attempt by the San Joaquin Valley Air Pollution Control District to force builders of housing subdivisions, shopping centers and office complexes to plan their developments in ways that help reduce pollution from motor vehicles.

The San Joaquin Valley, which has experienced explosive growth in the last two decades and is now home to more than 3.7 million people, is expected to double in population over the next 40 years.

The valley now rivals the Los Angeles Basin for the worst air quality in the United States, according to health standards set by the U.S. Environmental Protection Agency. Although much of the pollution in the valley comes from factory farming, motor vehicles are the biggest source of smog and soot.

“With the amount of expected growth in the valley, every emission reduction from this rule is important,” Seyed Sadredin, the air district’s deputy director, said in a statement. “Although air quality has improved greatly over the years, we still have a severe problem, and innovative programs like this will help us clean the air.”

Building industry officials, who question the legality of holding developers accountable for indirectly contributing to air pollution, have indicated that they may challenge the rules in court.

But farmers, who have been the target of many San Joaquin Valley air pollution regulations in recent years, supported the rules, arguing that other contributors to the pollution problem should also be forced to make changes. Of the 57 people who commented on the rule during Thursday’s hearing, 43 expressed support.

The rule will require builders to make changes to their projects to reduce urban sprawl or pay fees to fund air pollution programs. By building stores near houses, or incorporating walking paths, developers could limit their exposure to fees. Developers could also reduce fees by eliminating fireplaces and making structures more energy efficient.

In another action, air district officials approved a precedent-setting regulation to reduce ethanol emissions, which contribute to smog, from fermentation tanks at wineries.