Trump EPA to block California auto emissions rules

[TowNews]

Trump to block California auto emissions rules

 

The actual headline in the article is a bit misleading. This is the Trump administration that will revoke California's power to enforce more stringent limits on vehicle carbon pollution than the federal government, sparking a battle with the state that has led a revolt against the EPA's rollbacks of dozens of environmental regulations.

 

The long-expected move seeks to neuter California's resistance to President Donald Trump's proposed rewrite of the Obama-era rules that would have required automakers to accelerate the deployment of more fuel-efficient cars and light trucks, a high priority in the state that has led the nation in efforts to fight climate change.

 

The Trump EPA had originally planned to withdraw California's waiver at the same time it issues its broader proposal to roll back federal auto emissions standards. But the administration accelerated its plans to single out California after the state struck an agreement with Ford and three other car makers to continue to lower their vehicles' emissions, even if the federal rules are frozen. California's deal with the automakers recently drew a stern rebuke from EPA and the Transportation Department as well as an anti-trust investigation from the Justice Department.

 

California Gov. Gavin Newsom blasted the Trump administration for undermining its efforts to cut pollution and fight climate change.

 

“The president could learn from California," Newsom said in a statement. "Instead, reports today suggest that his administration will act on a political vendetta by announcing they intend to end aspects of our clean car waiver."

 

California Attorney General Xavier Becerra vowed to fight any attack on the state's authority in court, while Rep. Doris Matsui (D-Calif.) said she is "exploring all options, including legislation, to block the EPA’s rule."

 

But Trump is eager to land a blow against the state that has become a top foe not just on environmental regulation, but also immigration, labor and other contentious issues — even as major business interests worry about the fallout.

 

Automakers, who at first requested that Trump revisit the strict Obama-era standards, have more recently warned that a regulatory split with California would create market chaos. If California successfully defends its right to the waiver in court, automakers could be forced to reckon with two sets of standards — one for California and more than a dozen other states that choose to follow it, and a weaker one for the states that follow the federal rules expected to be finished in the coming months.

 

EPA did not comment on the expected withdrawal.

But Administrator Andrew Wheeler previewed the withdrawal during a gathering of the National Automobile Dealers Association on Tuesday.

 

“In the very near future, the Trump administration will begin taking the steps necessary to establish one set of national fuel-economy standards,” Wheeler said, according to prepared remarks distributed by EPA.

 

Wheeler and California officials had sought to strike a compromise earlier this year to maintain a national standard on any new vehicle rules, but those talks collapsed in acrimony, with each side accusing the other of failing to seriously seek a solution.

 

“We embrace federalism and the role of the states, but federalism does not mean that one state can dictate standards for the nation,” Wheeler said.

 

Conservative groups quickly cheered the upcoming waiver withdrawal.

 

“The Trump administration deserves a lot of credit for correcting this constitutional and legal monstrosity,” said Myron Ebell of the Competitive Enterprise Institute. “No state, not even California, has a right to set national fuel economy standards for all the other states.”

 

But Janet McCabe, an Obama-era EPA air chief, told POLITICO that the withdrawal of California’s waiver would be “unfortunate” and would again set back policies critical for addressing greenhouse gases.

 

Climate change “is a ‘y’all come’ situation, where we need all the reasonable programs that we can get in place,” she said. “And this is one of the most reasonable and impactful across the board.”

 

Environmental Defense Fund President Fred Krupp said his group would fight the Trump EPA's move in court.

“The unlawful approach the Trump administration is reportedly planning seeks to block states from choosing clean car standards that protect millions of people from tailpipe pollution,” Krupp said.

 

Other states have levied challenges to Trump’s deregulatory agenda, especially New York, and environmentalists and public health advocates regularly join those fights. But California holds a special place when it comes to the environment, as well as drawing the president’s ire.

 

The Clean Air Act gives California unique powers to enforce stronger pollution standards than the federal level. But that power is contingent on EPA's waiver, which is what the agency plans to revoke on Wednesday.

 

In addition, the District of Columbia and 13 states have adopted California's stricter greenhouse gas rules: Oregon, Washington, Colorado, Maryland, Pennsylvania, Delaware, New Jersey, New York, Connecticut, Rhode Island,

Massachusetts, Vermont and Maine. Together those states make up 36 percent of U.S. auto sales, and only one — Pennsylvania — supported Trump in 2016.

 

The Trump administration now argues that California’s ability to set more stringent requirements applies only to pollutants like nitrogen oxides that can be controlled through technologies such as catalytic converters.

 

Conversely, controlling carbon dioxide emissions is primarily achieved via fuel efficiency increases. But that tramples on the 1975 law that created the DOT’s Corporate Average Fuel Economy, or CAFE, program, according to the legal argument made by the Trump administration. The Energy Policy and Conservation Act says states "may not adopt or enforce a law or regulation related to fuel economy standards."

 

California’s greenhouse gas standards closely resemble the fuel economy standards, so they are prohibited, the Trump administration argues.

 

But two federal judges rejected similar arguments on EPCA preemption in 2007. Appeals in those cases were dropped as part of the Obama administration’s negotiations with automakers to set one national standard, and the Trump administration says those opinions are not controlling and rely on out-of-date information.

 

Wheeler on Tuesday said that the greenhouse gas rollback would not affect other California efforts to limit vehicle emissions unrelated to climate change.

 

“California will be able to keep in place and enforce programs to address smog and other forms of air pollution caused by motor vehicles,” he said in his prepared remarks to the auto dealers group.

 

RESOURCE LINK

 

[rreschran]

No matter what California does to fight clean-air ... the fact is ... it's simply killing all tow and trucking companies who are forced to re-new their  truck fleets, not just those Mom n' Pop tow companies. Even to go the route of re-powering a California truck with a wrecked out-of-state truck, that too takes time, money and huge effort. But note, the same California smog-crap has been endorsed by as many as 13x additional states where they too are adapting to California standards.   R.

[brian991219]

10 hours ago, rreschran said:

No matter what California does to fight clean-air ... the fact is ... it's simply killing all tow and trucking companies who are forced to re-new their  truck fleets, not just those Mom n' Pop tow companies. Even to go the route of re-powering a California truck with a wrecked out-of-state truck, that too takes time, money and huge effort. But note, the same California smog-crap has been endorsed by as many as 13x additional states where they too are adapting to California standards.   R.

Sadly my home state is one that endorses the California regulations. This is destroying the resale value of trucks as well in California since they must be sold out of state. Fortunately the other 13 states do not have CARB like agencies enforcing these rules on existing vehicles, only on new sales of vehicles. If we were forced to update our fleets in Pennsylvania as you are in California many of my friends would be out of business.

 

I am all for clean air but we have to be fiscal responsible in our quest. It is a fact that the advanced EGR and diesel particulate filter systems on modern diesel engines have led to exponential increases in down time for truck owners. Although a windfall for towers to transport these trucks to dealers, once forced to purchase the same technology on tow trucks we began to face the same financial hardships as our customers.

 

Lastly, the EPA is talking out of both sides of it's mouth on this issue, or at least the Trump Administration is. As they are calling for gutting the long standing California exemption they are also prosecuting diesel shops and individual technicians that have developed and installed emission reliability work arounds, or have deleted the EGR systems all together. Yes, it is a Federal crime, however I also understand that a one truck owner operator must be able to keep the wheels rolling to earn and that is not happening when the truck is in the shop every other week facing thousands of dollars in repairs.

 

So does the EPA want to work with small businesses or kill them? Hard to tell by their actions!

[goodmichael]

On 9/19/2019 at 8:27 PM, brian991219 said:

Sadly my home state is one that endorses the California regulations. This is destroying the resale value of trucks as well in California since they must be sold out of state. Fortunately the other 13 states do not have CARB like agencies enforcing these rules on existing vehicles, only on new sales of vehicles. If we were forced to update our fleets in Pennsylvania as you are in California many of my friends would be out of business.

 

I am all for clean air but we have to be fiscal responsible in our quest. It is a fact that the advanced EGR and diesel particulate filter systems on modern diesel engines have led to exponential increases in down time for truck owners. Although a windfall for towers to transport these trucks to dealers, once forced to purchase the same technology on tow trucks we began to face the same financial hardships as our customers.

 

Lastly, the EPA is talking out of both sides of it's mouth on this issue, or at least the Trump Administration is. As they are calling for gutting the long standing California exemption they are also prosecuting diesel shops and individual technicians that have developed and installed emission reliability work arounds, or have deleted the EGR systems all together. Yes, it is a Federal crime, however I also understand that a one truck owner operator must be able to keep the wheels rolling to earn and that is not happening when the truck is in the shop every other week facing thousands of dollars in repairs.

 

So does the EPA want to work with small businesses or kill them? Hard to tell by their actions!

The EPA is not willing to work with small business. I do understand the need to enforce the emission tampering laws. It is much more about generating fine and fee income than it is about perpetuating the enviornment.