{ "id": "RL34099", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34099", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 344024, "date": "2009-02-10", "retrieved": "2016-04-07T02:46:58.800591", "title": "California\u2019s Waiver Request Under the Clean Air Act to Control Greenhouse Gases From Motor Vehicles", "summary": "California has adopted regulations requiring new motor vehicles to reduce emissions of greenhouse gases (GHGs), beginning in model year 2009. The Clean Air Act (CAA) generally preempts states from adopting their own emission standards for mobile sources. However, the act allows such standards in California, if the state obtains a waiver of CAA preemption from EPA.\nCalifornia requested this waiver in 2005, but EPA took until December 19, 2007, to decide that it would deny the request. On that day, EPA Administrator Stephen Johnson wrote California Governor Schwarzenegger to say, \u201cI have decided that EPA will be denying the waiver and have instructed my staff to draft appropriate documents setting forth the rationale for this denial in further detail.... \u201d According to press reports, the decision was taken against the unanimous advice of the agency\u2019s technical and legal staffs. The Administrator published a decision document denying the waiver in the March 6, 2008 Federal Register.\nFollowing EPA\u2019s denial of the waiver request, California and environmental groups petitioned for review in the D.C. Circuit, with 18 other states intervening on California\u2019s side. The interest of the intervening states derives from the fact that under the CAA, other states may adopt motor vehicle emission standards identical to California\u2019s and avoid CAA preemption if California is granted a waiver. Fourteen states and the District of Columbia have already adopted such regulations.\nThis report reviews the nature of EPA\u2019s, California\u2019s, and other states\u2019 authority to regulate emissions from mobile sources, the applicability of that authority to GHGs, and issues related to the California waiver request. To obtain a waiver, California must meet conditions laid out in CAA Section 209(b): the state must first determine that its standards will in the aggregate be at least as protective of public health and welfare as applicable federal standards. The EPA Administrator must then find whether the state\u2019s determination is arbitrary and capricious; whether the state needs the standards to meet compelling and extraordinary conditions; and whether the standards and accompanying enforcement procedures are consistent with CAA Section 202(a).\nThis report does not analyze whether California is preempted from regulating mobile-source GHGs by the Corporate Average Fuel Economy (CAFE) requirements of the Energy Policy and Conservation Act of 1975, or the amended CAFE standards of the Energy Independence and Security Act of 2007 (P.L. 110-140). Under these laws, authority to set fuel economy standards is reserved to the federal government\u2014specifically, the National Highway Traffic Safety Administration (NHTSA). In several court cases and in other venues, the auto industry is maintaining that the regulation of mobile-source GHG emissions is simply another method of regulating fuel economy, so California\u2019s GHG standards (and identical standards adopted by other states) are preempted. Two federal district courts have rejected this argument, but both decisions have been appealed.\nOn January 21, 2009, California submitted a formal request to President Obama and EPA Administrator-designate Lisa Jackson for reconsideration of the waiver denial. In response to this request, EPA will hold a hearing March 5, 2009, and will accept written comments until April 6.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34099", "sha1": "7d88731dbe199f3b6a9fc8cefb72a78c5fbe8ab4", "filename": "files/20090210_RL34099_7d88731dbe199f3b6a9fc8cefb72a78c5fbe8ab4.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34099", "sha1": "da36ce00de9f00b900c099096169b541bfbde3fb", "filename": "files/20090210_RL34099_da36ce00de9f00b900c099096169b541bfbde3fb.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc96785/", "id": "RL34099_2008Mar04", "date": "2008-03-04", "retrieved": "2012-08-07T13:52:45", "title": "California's Waiver Request to Control Greenhouse Gases Under the Clean Air Act", "summary": "This report reviews the nature of Environmental Protection Agency's (EPA's) authority, as well as that of California and other states, to regulate emissions from mobile sources. It includes a discussion fo the applicability of that authority to greenhouse gases (GHGs) and issues related to the California waiver request.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080304_RL34099_fc5404ab07e9985a3e9f3665579fd2bc3fe4d3a2.pdf" }, { "format": "HTML", "filename": "files/20080304_RL34099_fc5404ab07e9985a3e9f3665579fd2bc3fe4d3a2.html" } ], "topics": [ { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" }, { "source": "LIV", "id": "Environmental law and legislation", "name": "Environmental law and legislation" }, { "source": "LIV", "id": "Environmental policy", "name": "Environmental policy" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811532/", "id": "RL34099_2007Dec27", "date": "2007-12-27", "retrieved": "2016-03-19T13:57:26", "title": "California\u2019s Waiver Request to Control Greenhouse Gases Under the Clean Air Act", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20071227_RL34099_a024b6eb32ca50b7194d747fe94a0ffa86734e08.pdf" }, { "format": "HTML", "filename": "files/20071227_RL34099_a024b6eb32ca50b7194d747fe94a0ffa86734e08.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc819164/", "id": "RL34099_2007Oct01", "date": "2007-10-01", "retrieved": "2016-03-19T13:57:26", "title": "California\u2019s Waiver Request to Control Greenhouse Gases Under the Clean Air Act", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20071001_RL34099_6bec016e0dcffed85f8a19201c73354eb5c599b1.pdf" }, { "format": "HTML", "filename": "files/20071001_RL34099_6bec016e0dcffed85f8a19201c73354eb5c599b1.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816797/", "id": "RL34099_2007Aug20", "date": "2007-08-20", "retrieved": "2016-03-19T13:57:26", "title": "California\u2019s Waiver Request to Control Greenhouse Gases Under the Clean Air Act", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070820_RL34099_244e58704495d2fe2cb508b3bc172c1adc4c3320.pdf" }, { "format": "HTML", "filename": "files/20070820_RL34099_244e58704495d2fe2cb508b3bc172c1adc4c3320.html" } ], "topics": [] } ], "topics": [ "Energy Policy" ] }