EPA Denies California Emissions Waiver

After stalling for two years, the U.S. Environmental Protection Agency (EPA) wasted no time Wednesday, denying California the right to determine its own vehicle fuel efficiency standards just hours after President Bush signed into law new federal standards. 

It was the first time the EPA has fully denied California a Clean Air Act waiver since Congress granted the state the right to pursue them in 1967. 

Explaining his decision, EPA Administrator Stephen L. Johnson cited the energy legislation the president signed earlier in the day, which requires an industry-wide fuel efficiency of 35 miles per gallon by 2020 for cars and light trucks.

Johnson said, “The Bush administration is moving forward with a clear national solution — not a confusing patchwork of state rules. I believe this is a better approach than if individual states were to act alone.”

California governor Arnold Schwarzenegger disagrees. “It is disappointing that the federal government is standing in our way and ignoring the will of tens of millions of people across the nation,” he said. “California sued to compel the agency to act on our waiver, and now we will sue to overturn today’s decision and allow Californians to protect our environment.”

The fuel efficiency standards California seeks to impose would require automakers to reduce CO2 emissions by 30% by 2016, phased in beginning in the 2009 model year.

Twelve other states have adopted the same standards and, by law, were awaiting California’s waiver before instituting the standards. Governors in four other states have said they intended to adopt the standards as well, but with Wednesday’s denial, none will be able to.

According to MSNBC, Johnson said the California law, passed in 2004, would only yield a 33.8 mile per gallon standard–less than the new federal standard. However, California Air Resources Board chair Mary Nichols was quoted has saying Johnson’s math was "just wrong."

According to Nichols, California regulations would provide greater benefits by going into effect sooner and achieving 36.8 miles per gallon average. In addition, the California law does not contain the credits for flex fuel vehicles allowed in the federal law–a loophole that has been criticized by many environmentalists.

The tailpipe regulations are a major part of the California’s initiative to reduce greenhouse gases across the state by 25% by 2020. Nichols said she expects the state to win the waiver on appeal, and that it will not shift its emissions reduction strategy as a result of the decision.

She said, “EPA is now trying to hide behind the passage of (fuel economy) legislation. This is really unconscionable.”

Naturally, automakers were pleased with the decision. General Motors Corporation said in a release that “by removing the disproportionate burden of complying with a patchwork of state-specific regulations that would divert our resources, automakers can concentrate on developing and implementing the advanced technologies in ways that will meet America’s driving needs.”