Investigation into EPA Denial of Greenhouse Gas Limits

Investigation into EPA Denial of Greenhouse Gas Limits



January 2008  - A powerful Congressional 
committee has launched an investigation into the U.S. Environmental 
Protection Agency's denial of California's request to impose limits on 
greenhouse gas emissions from motor vehicles and other tailpipe toxics. It 
is the first time a waiver request has been denied under the federal Clean 
Air Act. 
The Committee on Oversight and Govemment Reform has ordered EPA 
Administrator Stephen Johnson to preserve all documents relating to the 
decision he issued Wednesday not to grant a waiver of less stringent 
federal rules so that California's clean car law could take effect. 

Committee chair Congressman Henry Waxman of California has requested that 
Johnson provide all the documents from his office relating to the 
California waiver request to the committee by January 10, 2008. Documents 
from all EPA offices relating to this decision are to be handed over to 
the commettee by January 23. 
"Prior to making this decision you assured the House Oversight and 
Government Reform Committee, as well as the state of Califomia and many 
others, that you would make this decision on the merits. It does not 
appear that you fulfilled that commitment," Waxman wrote in a letter to 
the EPA administrator on Thursday. 
"Your decision appears to have ignored the evidence before the agency and 
the requirements of the Clean Air Act. In fact, reports indicate that you 
ovemrled the unanimous recommendations of EPA's legal and technical staffs 
in rejecting California's petition," Waxman wrote. 
"Your decision not only has important consequences to our nation, but it 
raises serious questions about the integrity of the decision-making 
process," wrote Waxman. "Accordingly, the Committee has begun an 
investigation into this matter." 
Announcing the denial, EPA administrator Johnson said the energy bill 
signed into law by the president earlier this week would be sufficient to 
curb greenhouse gases from cars because it mandates a 35 mile per gallon 
fuel efficiency standard for cars and light trucks across the country by 
2020. 

"The Bush administration is moving forward with a clear national solution 
- not a confusing patchwork of state rules - to reduce America's climate 
footprint from vehicles," said Johnson. 
House Speaker Nancy Pelosi, a California Democrat, wrote Johnson Thursday 
to state her disagreement with his position and to remind him that 
Congress recently upheld the EPA's authority to regulate greenhouse gas 
emissions and grant waivers. 
"In particular," she wrote, "I find implausible your inference that the 
passage this week of the "Energy Independence and Security Act" eliminated 
the need for the waiver requested by California." 
"Surely you and others in the Bush Administration were aware that the 
Congress rejected requests from the Administration to waive the 
Environmental Protection Agency's longstanding authority to regulate 
emissions and to grant states waivers under the Clean Air Act," Pelosi 
wrote. 
"Citing the passage of our new law as a justification for denying 
California's request defies the legislative history as well as the 
explicit language of the "Energy Independence and Security Act." 
The EPA is also facing lawsuits from states that adopted the California 
clean car standards. The states will challenge the denial of the waiver 
request, because approval of California's waiver would have meant that 
other states get approval automatically. 

California Attorney General Ed Brown, Jr. said Wednesday that he and 
Governor Arnold Schwarzenegger are preparing for a lawsuit. 
On Thursday, Governor Chris Gregoire said Washington state would seek 
legal action against the federal government over clean air laws designed 
to reduce global warming pollution from that state's automobiles. 
"The Bush administration's decision to deny states the right to pass 
environmental protections to fight global warming is wrong," said 
Gregoire. "Washington cannot wait for permission to do the right thing for 
our state's environment and future generations. I have requested our 
Attorney General file in support of California's challenge to this 
decision as soon as possible." 
Putting the California standards into action would mean the equivalent of 
eliminating 690,000 cars from Washington's roads in 2020, said the 
governor. Without the waiver, each year millions of metric tons of 
greenhouse gases, which otherwise would be eliminated, will instead 
continue to spew into our atmosphere. 
Sixteen other states - Arizona, Colorado, Connecticut, Florida, Maine, 
Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, 
Pennsylvania, Rhode Island, Utah, Vermont, Washington - have adopted, or 
are in the process of adopting California's emissions standards. 
Pennsylvania Governor Ed Rendell said his state is committed to fighting 
the decision in consultation with California and other states. 
"It's frustrating to see this administration, which has consistently 
failed to lead on environmental issues, act as an obstructionist to states 
that are stepping up to protect their citizens and the environment," said 
Rendell. 

"Each of us has been entrusted with a solemn obligation to be good 
stewards of God's creation," he said. "If the federal government doesn't 
wish to recognize that or exhibit real leadership on the issue, it needs 
to get out of the way and let states like California and Pennsylvania act 
to protect the health of our people, the environment and our economy." 
"The federal government should be a partner in states' efforts to curb 
pollution that ravages the health of our people and our environment," said 
Maine Governor John Baldacci. "Unfortunately, instead, the administration 
in Washington, DC, has chosen to play the role of obstructionist." 
While he does not say that Maine will join a lawsuit against the EPA, 
Baldacci said his administration will "continue to put forth strong, good 
faith efforts to protect our natural resources and our people." 
Maine's climate change action plan has set a goal of reducing climate 
altering emissions to 1990 levels by the year 2010, and 10 percent below 
1990 levels by 2020. This goal has also been set by other northeastern 
states. 
At the EPA, Johnson is opposed to a state-by-state approach to addressing 
greenhouse gas pollution from vehicles. 
"EPA has determined that a unified federal standard of 35 miles per gallon 
will deliver significant reductions in greenhouse gas emissions from cars 
and trucks in all 50 states, which would be more effective than a partial 
state-by-state approach of 33.8 miles per gallon." he said Wednesday. 
But California clean car standards would start two years sooner than 
federal energy bill, and be fully phased in four years sooner. The 
California law would require a 30 percent drop in greenhouse gas emissions 
on new vehicles by 2016. 
Although the federal energy bill requires a fleet-wide average of 35 mpg 
by 2020, California officials say the state law would result in a 36 mpg 
average four years earlier. 
California's law also would regulate a broader spectrum of greenhouse 
gases, including refrigerants from vehicle air conditioners, and it 
governs the emissions of a range of alternative fuels, not just gasoline. 
Under a waiver, California, Washington and other states could tighten 
their emission rules beyond 2020. 

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