EPA to reconsider California emissions waiver request

On Friday, the US Environmental Protection Agency formally agreed to reconsider California's request for a waiver from the Clean Air Act -- specifically, the state's request for authority to impose its own state regulations on vehicles in an effort to reduce greenhouse gas emissions. One of President Barack Obama's first actions when he took office included signing an order requesting that the EPA reconsider the Bush Administration's rejection of California's request. New EPA Administrator Lisa Jackson signed the notice on Friday officially reopening the comment period on California's waiver request. Jackson said the Clean Air Act gives EPA the authority to allow California to adopt its own emissions standards for motor vehicles due to the seriousness of the state's air pollution challenges. However, automobile manufacturers prefer a single, uniform standard, as opposed to different standards in different states or regions.

The Clean Air Act Section 209 – State Standards states that the waiver should be granted unless the EPA finds that California:

  • was arbitrary and capricious in its finding that its standards are in the aggregate at least as protective of public health and welfare as applicable federal standards;
  • does not need such standards to meet compelling and extraordinary conditions; or
  • has proposed standards not consistent with Section 202(a) of the Clean Air Act.

The public comment period on the waiver request will last 60 days and will close on April 6, 2009. There also will be a public hearing on March 5 held by EPA.

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Global Climate Law Blog - February 9, 2009 11:21 AM
All indications are that addressing climate change will be a top priority for the Obama Administration. In addition to reversing the previous administration’s course on the issue of state-level GHG emissions standards, President Obama has also ma...
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