U.S. EPA Approves California Clean Car Standards

The EPA's granting of the waiver request immediately clears the way for California and 13 additional states to require reductions in tailpipe emissions of the greenhouse gas carbon dioxide. The Clean Air Act gives California special authority to enact stricter air pollution standards for motor vehicles than the federal government's, but EPA must approve a waiver of federal standards before California's rules can take effect.

"This decision puts the law and science first. After review of the scientific findings, and another comprehensive round of public engagement, I have decided this is the appropriate course under the law," said EPA Administrator Lisa Jackson.

"This waiver is consistent with the Clean Air Act as it's been used for the last 40 years and supports the prerogatives of the 13 states and the District of Columbia who have opted to follow California's lead. More importantly, this decision reinforces the historic agreement on nationwide emissions standards developed by a broad coalition of industry, government and environmental stakeholders earlier this year," Jackson said.

The first California waiver request was made in December 2005 and was denied in March 2008 by the Bush EPA. This previous decision was based on an interpretation of the Clean Air Act finding that California did not have a need for its greenhouse gas emission standards to meet "compelling and extraordinary conditions.

Traffic on Highway 101 at Universal City, California (Photo credit unknown)

"EPA's reversal tears down the last remaining barrier preventing California from enforcing its laws curbing greenhouse gases," California Attorney General Jerry Brown said today. "Today's decision stands in sharp contrast to the Bush EPA's politically driven denial two years ago."

Shortly after taking office in January, President Barack Obama directed EPA to assess the appropriateness of denying the waiver. EPA received a letter from California on January 21, 2009, raising several issues for Administrator Jackson to review regarding the denial.

EPA based its decision on an extensive record of scientific and technical evidence, Jackson said today. As part of the reconsideration, EPA revisited the prior decision documents and record. The agency also opened a new comment period, including public hearings.

The Clean Air Act gives EPA the authority to allow California to adopt its own emission standards for new motor vehicles due to the seriousness of the state's air pollution challenges. Once EPA grants California's waiver requests, other states are free to follow suit.

With the decision to grant the California waiver request, EPA returns to its traditional legal interpretation of the Clean Air Act that has been applied during the past 40 years. EPA finds that California continues to have a need for its motor vehicle emissions program, including the greenhouse gas standards, Jackson said. EPA also finds that the California Clean Car program meets legal requirements regarding the protectiveness of public health and welfare as well as technological feasibility.

On May 19, President Obama announced an agreement to adopt federal emission standards for model years 2012 through 2016 that apply the state clean car program nationwide.

Under the agreement, the state clean car standards will apply from model years 2009-2011, until the federal standards are carried out. During this transition period, the states will allow fleetwide compliance across all states adopting the clean car standards to expand the averaging pool for determining compliance.

Beginning in model year 2012, compliance with the new national standards would be deemed to reflect compliance with the state standards.

The auto industry, in turn, agreed to dismiss its legal challenges to the state clean car programs, agreed not to challenge the EPA decision to grant the preemption waiver for the California clean car standards, and agreed not to challenge the national clean car standards.

"President Obama's decision last month to create a single national program for greenhouse gas emissions and fuel economy standards moves us toward a policy that ensures that consumers in all 50 states have access to highly fuel-efficient vehicles at an affordable price," said Dave McCurdy, president and CEO, Alliance of Automobile Manufacturers. "We are hopeful the granting of this waiver will not undermine the enormous efforts put forth to create the national program."

"The President has succeeded in bringing three regulatory bodies, 15 states, a dozen automakers and many environmental groups to the table," said McCurdy. "The national program has launched a new beginning, a new chapter and a new era of cooperation. Automakers remain committed to working with all parties to further this single national program administered by the federal government."

Environmentalists are pleased with the EPA's decision.

A new report by the nonprofit Environmental Defense Fund released today, "Saving Fuel, Saving Money, Saving Our Climate," shows that motor vehicle drivers in the 13 states that have adopted California's Clean Car standards would save hundreds of dollars annually at the gas pump while reducing heat-trapping greenhouse gases. The 13 states are: Arizona, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

"Cleaner cars are a trifecta that will save drivers money at the gas pump, reduce our dependence on foreign oil and cut global warming pollution from tailpipes," said James Fine, economist and policy scientist at Environmental Defense Fund.

Ann Notthoff, California Advocacy Director for the Natural Resources Defense Council, said, "California has been the nation's leader in clean energy and fighting global warming pollution, and we couldn't be more pleased to have a new partner in the federal government. Working together, the State and Federal teams will make a big difference reducing in carbon pollution, breaking our oil addiction and providing cleaner air for Californians."

The EPA and the National Highway Traffic Safety Administration have begun efforts to issue a joint rulemaking that is intended to reflect a coordinated and harmonized approach to implementing the Clean Air Act and the Energy Policy and Conservation Act. The rulemaking is expected to begin shortly and be concluded by March 30, 2010 and will apply to vehicles from Model Years 2012-2016.

Copyright Environment News Service, ENS, 2009. All rights reserved.