Skip to main content
Legal Alert

Deadline Fast Approaching for Warehouses to Comply with SCAQMD Rule

Deadline Fast Approaching for Warehouses to Comply with SCAQMD Rule

Warehouses that are between 100,000 square feet and 150,000 square feet in size are required to submit an "Initial Site Information Report" (ISIR) to the South Coast Air Quality Management District (SCAQMD) no later than July 2, 2024 in accordance with Rule 2305, also known as the "Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program." The Rule applies to warehouses located in the urban portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County. The Rule requires that every year, warehouse operators implement enough strategies from a “menu” to satisfy the number of “points” the operator is required to earn, or pay a mitigation fee. The number of “points” is based on the number of annual truck trips to and from the warehouse.

What are Warehouse Owners or Operators required to do by the deadline?

  • Provide information such as the warehouse size, space used for warehousing activities, electric vehicle charging or fueling stations, and vehicle fleet information if owned or leased by the warehouse operator.
  • Calculate the total number of trucks that entered or exited the site for the previous 12 months.
  • Estimate the number of truck trips for the compliance period – January 1, 2024 to December 31, 2024. This information is used to determine how many "points" the operator needs to "earn".
  • Select an anticipated compliance method to achieve the required number of points:
  1. commit to implement strategies from a menu;
  2. transfer points from another warehouse;
  3. use banked points from a previous year that were earned by achieving more points than required;
  4. pay a mitigation fee; or
  5. develop a customized plan.
  • Enter the information into the SCAQMD's WAIRE POP by July 2, 2024.
  • Pay the administrative report fee by July 2, 2024.
  • Implement the selected strategies and count actual trips. An annual WAIRE Report that documents compliance is required to be submitted no later than January 31, 2025.
  • Keep your records showing the number of truck trips and that the selected strategies are being implemented for seven years. SCAQMD will periodically conduct inspections and require verification of compliance.

What are some of the menu items?

  • Purchase zero or near zero emission trucks
  • Construct electric vehicle infrastructure
  • Install solar panels

Warehouse owners or operators that do not comply risk receiving a notice of violation and civil penalties starting at $11,710 per day.

For More Information, Please Contact:

Alene Taber
Alene Taber
Counsel
Los Angeles, CA

Receive legal alerts, case analysis, and event invitations.

Join our mailing list