California’s GHG Waiver Request Granted

6/30/2009 12:00:00 AM

US EPA says decisions ‘puts the law and science first’…

Washington, DC, June 30, 2009 – The US Environmental Protection Agency (EPA) has granted California’s waiver request that enables the state to enforce its greenhouse gas emissions standards for new motor vehicles, beginning with the current model year, according to an agency press release.  “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 P. 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.” The first California waiver request was made in December 2005 and was subsequently denied in March 2008. 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.”  Shortly after taking office in January, President Barack Obama directed EPA to assess the appropriateness of denying the waiver.  With the decision to grant the California waiver, EPA returns to its traditional legal interpretation of the Clean Air Act that has been applied consistently during the past 40 years. The EPA found that California continues to have a need for its motor vehicle emissions program, including the greenhouse gas standards and that the state’s program meets legal requirements regarding the protectiveness of public health and welfare as well as technological feasibility. California Gov. Arnold Schwarzenegger called the decision a "huge step for our emerging green economy that will create thousands of new jobs and bring Californians the cars they want while reducing greenhouse gas emissions." Sen. Barbara Boxer (D-Calif.), a longtime advocate of the waiver, said the EPA did "what is right for the people of California, the environment and the many states in the union that intend to follow California's lead in cleaning up tailpipe emissions."

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