Deal Upholds California's Small Engine Standards

By J.R. Pegg

WASHINGTON, DC, November 24, 2003 (ENS) - California lawmakers defeated an effort by Missouri Republican Senator Kit Bond to bar the state from setting its own pollution standards for small non road gasoline and diesel engines. But the compromise brokered by Bond and Senator Dianne Feinstein, a California Democrat, blocks other states from adopting California's standards, a move that critics say undermines the Clean Air Act.

Under an amendment to the Clean Air Act, California is the only state with its own authority to enact its own emissions standards - as long as they are stricter than federal standards.

Bond's provision would have removed California's right under that amendment to set its own standards for gasoline and diesel engines under 50 horsepower.

These engines are primarily used to power lawn and garden equipment, such as lawn mowers, generators, and weed cutters.

California's Air Resources Board has required these engines be fitted with catalytic converters beginning in 2008 - the state says such a move will reduce California's emissions from lawn and garden equipment by 50 percent, which would be the equivalent of taking one million cars off the road by 2010.

Bond and engine maker Briggs & Stratton claimed this regulation would put 22,000 jobs at risk , including some 2,000 in Bond's home state of Missouri.

Missouri Republican Senator Kit Bond tagged a rider onto an appropriations bill to block California's regulation of emissions from lawn and garden equipment. (Photo courtesy Senator Bond's Office)

The language is included in the 2004 fiscal year appropriations conference report for the U.S. Environmental Protection Agency (EPA) - that appropriations bill has been added to an omnibus spending bill, which could include appropriations for six or more federal departments.

The compromise emerged in light of House opposition to the provision and because of intensive lobbying by California state and federal lawmakers, including the newly elected governor of California, Arnold Schwarzenegger.

Frank O'Donnell, executive director of the Clean Air Trust, criticized Feinstein for accepting the compromise and said the California Democrat "snatched defeat from the jaws of victory."

O'Donnell says Feinstein had the support from House negotiators of the conference report to remove Bond's proposal in its entirety, rather than settle for the compromise that removes states' authority to adopt California's standards.

The "rebound effect" could be bad for California and the Clean Air Act, O'Donnell said.

The right of fellow states to follow California's lead is why other states have supported California's right to set stricter standards, O'Donnell said.

"This is a chipping away of the authority of the Clean Air Act," he told ENS.

Feinstein called the compromise a "major victory for California."

"Our state already has the country's worst smog, and Senator Bond's proposal would have seriously crippled California's efforts to reduce dangerous and costly emissions," she said.

The California Democrat acknowledged the effect on other states and said she regretted the "do not travel" provision left in the compromise language.

Each weekend, about 54 million Americans mow their lawns, using 800 million gallons of gas per year and producing tons of air pollutants. (Photo courtesy Don Lee Center)

The new language calls on the EPA to set a nationwide standard for non road engines under 50 horsepower for all other states by 2005 and to review safety factors associated with the California standard - Bond and others argue the catalytic converter mandate will increase the risk of fires from the engines.

It is unclear what timetable the EPA is on to review the California standard.

The compromise reflects that the ultimate concern about California's rule is as much - if not more - about the potential impact of other states adopting the stricter regulations.

Bond expressed disappointment that he was unable to block the implementation of California's rule, but said "at least Missouri and the rest of the nation is protected from safety hazards and job loss."

"While several attempts were made to strip my job and safety protecting provision from the bill, I refused to let California kill these jobs or endanger our consumers," said Bond, who added that the debate was "always about workers and their jobs."

"Big companies can find a way to move on, but job loss is devastating to their workers and families," the Missouri Republican said. "I just could not let the little guy lose."

Briggs & Stratton said the California mandate could cripple the economics of its business and prompt the firm to move its factories abroad.

In 2002 the company spent some $180,000 to lobby against the clean air requirements and in September 2003, it released analysis by an international economic research firm that shows 22,000 jobs in 24 states would be at risk from California's proposal.

But now the company appears content with the compromise.

"Thanks to Senator Bond, the future is brighter for U.S. manufacturing jobs across the Midwest and we can keep all U.S. Briggs & Stratton facilities, including those in Missouri and Kentucky, open and working," said Briggs & Stratton Senior spokesman Thomas Savage said. "This compromise will allow for cleaner air without the negative tradeoffs that would come from widespread adoption of the California small engine standard."

States say they need every tool available - including the ability to regulate small nonroad engines - to combat the nation's growing smog problem. (Photo courtesy U.S. Environmental Protection Agency)

"They have argued for months that the California standards would force them to close down factories and send jobs overseas," O'Donnell said. "Their support [for the compromise] leads me to believe that they were making it up all along."

The omnibus bill that includes the Bond provision is expected to face straight up or down votes in the House and Senate before week's end.