EPA: Calif. problem is not unique
WASHINGTON (AP) - February 29, 2008 In a 48-page document describing the reasoning behind its
much-criticized decision, the EPA argues that California doesn't
have the "compelling and extraordinary conditions" required for a
waiver under the Clean Air Act, because the rest of the nation also
suffers the effects of global warming.
EPA Administrator Stephen L. Johnson, who has faced lawsuits and
angry denunciations since making the decision in December, told The
Associated Press in a phone interview that legislative history
shows California must have a unique problem in order to justify a
federal waiver to implement a vehicle emissions law stricter than
the federal government's.
"I'm not saying that California isn't experiencing problems as
a result of global climate change," Johnson said. "There are in
fact other parts of the country that are actually worse."
Environmentalists and California officials disagree with
Johnson's interpretation, contending that California has been
granted Clean Air Act waivers in the past to deal with problems
that are also happening elsewhere, such as diesel pollution.
Critics also contend that California does, in fact, have
uniquely worse problems from global warming compared with other
states, including wildfire risks, air pollution and water supply
shortages.
"Clearly Johnson hasn't spent much time in California. Doesn't
he know the simple scientific fact that hotter air causes more
smog?" said Frank O'Donnell, executive director of Clean Air
Watch, a Washington advocacy group.
"This reads like something written up in the board room of
General Motors," O'Donnell said.
The Clean Air Act gives California special authority to regulate
vehicle pollution because the state began such regulations before
the federal government. But a federal waiver is required, and if
California gets one, then other states can adopt California's
standards, too.
California's tailpipe emissions law would have forced automakers
to cut greenhouse gas emissions by 30 percent in new cars and light
trucks by 2016.
Twelve other states - Connecticut, Maine, Maryland,
Massachusetts, New Jersey, New Mexico, New York, Oregon,
Pennsylvania, Rhode Island, Vermont and Washington - had adopted
California's tailpipe standards and the governors of Arizona,
Colorado, Florida and Utah had said they also plan to adopt them.
The rules were under consideration elsewhere, too.
In denying the waiver request, Johnson argued that a nationwide
approach would be better and said it would be provided by a new law
raising fuel economy standards that was signed by President Bush in
December. Automakers applauded Johnson's decision.
California officials argued that California's law would be
stronger and act faster.