Waxman Blasts State, AQMD Over Smog Plan : Environment: L.A. congressman warns that legislators must comply with federal laws or face sanctions. He calls clean air board’s performance ‘an appalling failure.’

Lambasting California officials for “their cavalier attitude” toward air pollution, Rep. Henry A. Waxman on Monday warned Southern California’s air quality board and state legislators to start complying with the nation’s clean-air mandates or face severe economic sanctions.

In a special committee hearing in Beverly Hills, the Democratic congressman from Los Angeles called the South Coast Air Quality Management District’s performance “an appalling failure,” noting that it has not adopted 60 of 90 measures proposed in its 1989 anti-smog plan.

“At the heart of today’s hearing is a simple question: Will Los Angeles ever have clean air?” said Waxman, who chairs the House’s environment subcommittee, in an opening statement.

He later answered his own question, saying he has “serious doubts about the (AQMD’s) commitment to clean air. . . . If we don’t have a board that is committed to living up to its responsibilities, we can give up seeking clean air in Los Angeles for the foreseeable future.”

Waxman said he was most alarmed by statements Monday by AQMD Chairman Henry Wedaa, who told him that the board seems to be losing its resolve, largely because of the recession and because moderate members have been targeted for removal by conservative politicians and business groups.

When Waxman asked if local officials who serve on the AQMD board are committed to implementing the agency’s sweeping clean-air plan, Wedaa answered: “I would like to say yes, but unfortunately, I don’t think I can say yes.

“Until recently, I felt the board had a strong commitment to clean air,” Wedaa added. “The board members, including myself, who are supportive of clean air are under attack.”

Two of the 12 AQMD board members, both longtime supporters of strong clean-air rules, recently stepped down. Wedaa, a moderate who represents the cities of Orange County, is at risk of being replaced by a more conservative appointee.

At Waxman’s urging, Wedaa said he will ask the AQMD board to vote next week on whether it still intends to implement the region’s clean air plan, which the board approved in 1989 and amended two years later.

“This was a very disturbing hearing,” Waxman said in an interview. “I didn’t expect to get the testimony we received that the commitment (by the AQMD board) is so loose.”

Waxman also leveled strong criticism at the California Legislature and Gov. Pete Wilson for failing to overhaul the Smog Check program by Nov. 15 as required by the federal Clean Air Act or face sanctions by the U.S. Environmental Protection Agency.

Waxman dismissed predictions by legislators that the Clinton Administration will back down because sanctions would be political suicide in California. Under the Clean Air Act, the EPA must freeze federal highway funds, which amount to $1.75 billion for California next year.

“The governor seems intent on testing whether the statute is real. He’s making a mistake,” Waxman said, later adding: “It may be unusual for a congressman to seek sanctions against his own community, but this is not a voluntary law.”

In past years, Waxman has sent other tough wake-up calls to California air quality officials. But this time his warnings carry more weight.

Congress’ 1990 amendments to the clean air law, written by Waxman, considerably strengthen the federal government’s role. Sanctions are mandatory for cities and states failing to comply, and the law enables private citizens to sue the EPA to compel compliance.

On Monday, state Sen. Tom Hayden (D-Santa Monica) officially warned the Clinton Administration that he intends to use the new provision to sue the EPA unless it imposes sanctions on California next month.

The Clean Air Act requires areas with severe air pollution to improve their car inspection programs by Nov. 15. California has about 9,000 stations performing both inspections and repairs, and the EPA is trying to force the state to separate them so that all tests are done at centralized stations.

The Legislature, however, has refused, saying it would inconvenience motorists and put mechanics out of work. EPA Administrator Carol Browner recently said she would give legislators until the start of their new session in January to come up with an acceptable plan.

“Such delays are not permitted under the act,” Hayden said. “Our lungs do not benefit from procrastination in enforcement of the clean air laws.”

Waxman’s hearing was designed to address questions about an innovative pollution-marketing proposal, called RECLAIM, that the AQMD board will consider on Oct. 15. Under the proposal, nearly 400 businesses in the Los Angeles region could participate in a plan to trade pollution credits as long as the end result is a 70% reduction in emissions. While the AQMD was busy developing RECLAIM, it suspended work on dozens of other regulations to curb smog.

After Monday’s testimony from opponents and supporters, Waxman said he has “some serious doubts” about whether RECLAIM “is a step forward or just a false promise for our air quality.”

Time staff writer Carl Ingram in Sacramento contributed to this story.