Biden will let California set its own vehicle emissions standards, rebuffing Trump decision
The Biden administration said Wednesday that it would allow California set its own rules on greenhouse gas emissions from cars and light trucks, restoring the state’s leadership role on climate change rules.
In a repudiation of the Trump administration, the U.S. Environmental Protection Agency said it would revive the state’s unique authority, known as a waiver, to establish carbon standards for automobiles. California has long relied on EPA waivers to impose tighter air pollution regulations than the federal government.
“Today we proudly reaffirm California’s longstanding authority to lead in addressing pollution from cars and trucks,” EPA Administrator Michael Regan said in a statement to McClatchy.
“Our partnership with states to confront the climate crisis has never been more important. With today’s action, we reinstate an approach that for years has helped advance clean technologies and cut air pollution for people not just in California, but for the U.S. as a whole,” he said.
Former Presidents Donald Trump and George W. Bush at separate points repealed that autonomy because of the state’s attempts to pass green policies that would add pressure on automobile manufacturers to heighten production of electric vehicles.
In explaining its decision to reverse the Trump administration’s decision, EPA said it had determined “the limited authority to reconsider” that the prior wavier was exercised inappropriately.
The EPA only reconsiders a granted waiver over “a clerical or factual error or mistake” or if the conditions related to the waiver have changed “so significantly” that the waiver’s allowances no longer make sense, the agency said in a document obtained by McClatchy.
The agency said there “were no factual errors” in the previous waiver, and the EPA’s withdrawal of California’s exception “was inappropriate and in conflict with EPA’s longstanding waiver practice.”
President Joe Biden’s administration announced last year that it would work on restoring California’s waiver as part of the White House’s climate-conscious agenda — and tighten restrictions that Trump loosened.
The EPA indicated in February that it planned to update its guidance soon — an action California Gov. Gavin Newsom commended in an emailed statement at that time and again after the EPA said it reinstated the waiver on Wednesday.
“I thank the Biden Administration for righting the reckless wrongs of the Trump Administration and recognizing our decades-old authority to protect Californians and our planet,” Newsom said. “The restoration of our state’s Clean Air Act waiver is a major victory for the environment, our economy, and the health of families across the country that comes at a pivotal moment underscoring the need to end our reliance on fossil fuels.”
Biden and Newsom push climate agenda
The Biden administration has followed California’s lead on emissions standards. The EPA said Wednesday that it would also restore a provision that allows other states to adopt California’s emissions rules if the state prefers tougher regulations than the ones put forward by the federal government.
Last summer, Biden signed an executive order that aims for half of cars sold by 2030 to be battery electric, fuel cell and plug-in hybrid vehicles.
Newsom signed an order in 2020 to have all new vehicles sold be zero-emissions vehicles by 2035.
As a practical matter, reducing greenhouse emissions means making cars with greater fuel efficiency.
White House National Climate Advisor Gina McCarthy cited California’s framework in a Wednesday statement on the federal waiver, saying it created momentum for the EPA to create stricter federal vehicle emissions standards.
“Together, these steps provide the opportunity for the Biden-Harris Administration and the State of California under Governor Newsom’s leadership, to once again move forward in the direction of a harmonized national program that will benefit families all across America,” McCarthy said.
The bipartisan infrastructure law, which Congress passed last fall, allocated $7.5 billion for electric vehicle charging and similar programs, with aims to install 500,000 public charging stations by 2030, particularly in under-served communities. More than $7 billion was set aside for investments in materials related to vehicle battery manufacturing.
In December, the EPA finalized fuel emissions standards for cars and smaller trucks get at least 40 mpg by the 2026 model year, with regulations kicking off in model year 2023 and increasingly getting more stringent over time. The Trump administration’s standards would have reached 32 mpg by 2026.
The EPA proposed a rule on Monday for heavy-duty vehicles — such as large trucks, school buses and transit buses — that would reduce their emissions of nitrogen oxides by up to 90% by 2031. Nitrogen oxides can cause premature death and contribute to acid rain and smog.
Vice President Kamala Harris further announced that the federal government aims to replace more gas-powered public transport and school buses.
As part of California’s annual budget proposal, Newsom said this year the state would spend $6.1 billion over five years on incentives for electric cars, buses and trucks. He said California would add 100,000 new electric charging stations and dedicate $250 million to rebates for low-income residents for buying those vehicles. Combined with funds from last years’ budget, Newsom put together a $10 billion plan for accelerating the switch to electric vehicles in California.
California had autonomy for decades before Trump
When Congress passed the Clean Air Act of 1970, it said the federal government would regulate emissions. But it carved out special powers for California, which had been plagued for years with smog and other problems. The state could ask the EPA for permission to set even tougher restrictions than the federal government.
If the EPA granted this waiver, other states could adopt California’s standards as their own. Fifteen have, according to the governor’s office.
The EPA granted California dozens of waivers over the years, enabling California to take leadership roles on air pollution control. For instance, California drove the adoption of smog-fighting catalytic converters in the mid-1970s.
The streak ended when former Gov. Gray Davis signed into law AB 1493, which mandated significant reductions in greenhouse gas emissions from cars, in 2002. This time the EPA, under Bush, rejected California’s request for a waiver, effectively blocking implementation of the state law.
Former President Barack Obama reversed that decision after he took office in 2009. His administration struck a deal with automakers to make California’s rules the national standard, although they would be phased in at a slower rate than California envisioned.
The agreement held in place until early in the Trump administration. Trump, on a visit to a General Motors plant in Michigan, told autoworkers he would rescind the Obama deal. “We are going to ensure that any regulations we have protect and defend your jobs, your factories; we’re going to be fair,” he said.
Trump didn’t mention California by name in the speech, but in the coming months he would come to regard former Gov. Jerry Brown and his successor, Newsom, as his nemeses when it came to climate change and cars.
The Trump administration eventually produced a substitute plan that allowed for far gentler reductions in tailpipe emissions. His administration also formally revoked the waiver that Obama had granted California years earlier.
California’s automobile agreement pushed national policy
Despite Trump’s efforts, Newsom announced a deal in 2019 with a select group of automakers that essentially followed the state’s original blueprint: the California Framework Agreement.
Trump retaliated with an antitrust probe against the four manufacturers — Ford, Honda, BMW and Volkswagen — which he dropped months later.
After Biden beat Trump in 2020, the auto industry began rallying around the new president — and California’s rule-making authority on carbon emissions. Days after the election, General Motors said it was withdrawing from a lawsuit against California and preparing to work with state officials on climate issues.
Several major automakers stood with the administration when Biden signed the executive order on electric vehicles in August 2021.
At the time, Biden told McClatchy that he and his administration found the California Framework Agreement “really helpful” in pushing for lower emission cars.
“The biggest thing that’s happening here is there is a realization, on the part of both labor and business now, that this is the future,” Biden said. “We can’t sit by.”
This article has been updated to include additional statements from Newsom and the White House.
This story was originally published March 9, 2022 at 11:00 AM with the headline "Biden will let California set its own vehicle emissions standards, rebuffing Trump decision."
