Sure, it feels like Groundhog Day in September, déjà vu all over again. But, hey, climate justice activists are used to beating our heads against the wall. So when Jack Broadbent, Chief Executive Officer/Air Pollution Control Officer for the Bay Area Air Quality Management District, tells us to abandon hope for capping refinery emissions because, well, the latest cap and trade bill -- we’re supposed to roll over and fade politely into the polluted Technicolor sunset, right?

Well, wrong.

For purposes of BAAQMD, the 2017-18 season opens on September 20th. Despite the questionable assertion Broadbent made at the August Board meeting—that everyone in Sacramento knows the general consensus was to remove “duplicative regulation” of greenhouse gases via the cap-and-trade extension bill (AB 398) -- we’ve been hearing the exact opposite. Highly placed friends in Sacramento wanted to make sure that BAAQMD’s cap on refinery emissions was protected under the new legislation.

Caps on refinery emissions prevent increases of emissions. They don’t actually reduce emissions. Therefore, they are not preempted by AB 398.  The RPA will be working to get caps on criteria pollutants and carbon dioxide back on the BAAQMD agenda where they belong. The original version of Rule 12-16 addressed both criteria pollutants and greenhouse gases and is now more relevant than ever.