In October 2023, the South Coast Air Quality Management District (South Coast AQMD) began issuing Notices of Violation (NOVs) to warehouses across the region as part of an enforcement initiative to bring facilities into compliance with the agency’s Warehouse Indirect Source Rule (Rule 2305).

South Coast AQMD’s enforcement team has conducted in-person visits at facilities subject to the rule, first starting in environmental justice areas and then throughout the agency’s four-county jurisdiction.

In 2022, Rule 2305 began phasing in the largest warehouses in the region. By 2025, all applicable warehouses will be fully phased into the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. The rule applies to owners and operators of warehouses greater than or equal to 100,000 square feet of indoor floor space and requires operators at these facilities to take actions to reduce nitrogen oxide (NOx) and diesel particulate matter (DPM) emissions or to otherwise limit exposures to these air pollutants in nearby communities.

Under the WAIRE Program, about 3,000 warehouses are phased into the rule over three years. As they are brought into the program, warehouses are required to first submit a onetime initial informational report, and then subsequent annual reports on actions they took in the previous year.

Rule 2305

Phase 1 - about 1,000 warehouses sized ≥250,000 square feet were required to submit initial site information reports by July 5, 2022 and first annual WAIRE Program reports by March 2, 2023 documenting the actions completed to reduce their air quality impacts in 2022.

Phase 2 - approximately 1,000 warehouses sized ≥150,000 and <250,000 square feet were required to submit initial site information reports by July 5, 2023 and first annual WAIRE Reports by January 31, 2024 for the actions they completed in 2023.

To date, over 200 NOVs have been issued to Phase 1 and Phase 2 facilities for failure to provide required reporting by the deadlines specified under the rule. Those found in violation of air quality rules can face civil penalties for each day they are out of compliance, with higher penalties available for negligent and intentional violations.

Upcoming Deadlines

The WAIRE Program has entered its third phase of implementation, referred to as “Phase 3,” for warehouses with at least 100,000 square feet but less than 150,000 square feet. Warehouses of this size will be required to submit their Initial Site Information Report (ISIR) by July 1, 2024, and their first Annual WAIRE Report (AWR) by January 31, 2025. All AWRs for the 2023 compliance period are required to be completed and submitted through the WAIRE Program Online Portal (POP).

Warehouses are a key destination for heavy-duty trucks and have other sources of emissions including diesel-fueled yard tractors, all of which contribute to local and regional pollution. Emissions from sources associated with warehouses account for almost as much NOx emissions as all the refineries, power plants, and other stationary sources in the South Coast Air Basin combined. Those living within a half mile of warehouses are more likely to include communities of color, have higher rates of asthma and heart attacks, and must endure a greater environmental burden.

The compliance obligation is determined based on the total number of truck trips that visit their warehouse facility each year. Operators have many options to comply with the rule, including but not limited to: acquiring and/or using zero-emission vehicles (on-road trucks and yard hostlers), near-zero emission truck visits, installing and/or using onsite electric vehicle chargers or hydrogen fueling stations, installing solar panels and more.

Training videos are available to provide warehouse operators and owners with further guidance on complying with rule requirements. Training videos, along with additional information on the WAIRE Program can be found at www.aqmd.gov/waire.

South Coast AQMD is available to assist the regulated community and answer any questions through a hotline at 909-396-3140 and email at waire-program@aqmd.gov.

More information on WAIRE reporting can be found at: www.aqmd.gov/waire.