The US Environmental Protection Agency (EPA) granted California’s request for waivers on Wednesday, paving the way for the state to ban the sale of new gasoline-powered vehicles by 2035. The waivers cover California’s Advanced Clean Cars II Rule and Advanced Clean Fleets Regulation, marking a significant step in the state’s push for stricter emissions standards.
Legal Basis for Waivers
Under Section 202(a) of the Clean Air Act, the EPA is responsible for developing standards for vehicle emissions that could endanger public health. California sought these waivers under Section 7543(b) of the Act, which allows states to enforce their own emissions standards if:
- The standards are at least as protective of public health as federal requirements.
- They are not arbitrary or capricious.
- They address extraordinary conditions.
- They do not conflict with other provisions of the Act.
The EPA determined that California’s standards meet these criteria, enabling the state to move forward with its ambitious emissions goals.
Health and Environmental Justifications
In its decision, the EPA referenced data from the California Air Resources Board (CARB) indicating that the new rules will significantly reduce pollutants, including smog and fine particulate matter. These reductions are expected to lead to fewer health issues such as asthma attacks, hospitalizations, and missed work or school days.
Additionally, the EPA cited a map showing that large areas of California suffer from “extreme” air quality issues, further underscoring the need for stricter standards.
Technological Feasibility
Opponents argued that the new standards conflict with Section 202(a) of the Clean Air Act, claiming they are technologically infeasible. However, the EPA found the standards to be consistent with federal requirements and achievable with current advancements in clean vehicle technology.
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Impact Beyond California
The approval of these waivers extends beyond California, as more than a dozen other states have adopted similar standards. The decision represents a broader shift toward stricter emissions regulations nationwide.
Challenges and Uncertainty
Despite the EPA’s approval, the decision could face challenges. The Trump administration previously revoked similar waivers in 2019, raising the possibility of future reversals under a new administration.
Additionally, California’s Advanced Clean Fleets Regulation faces legal opposition. Nebraska filed an antitrust lawsuit in November against large truck manufacturers complying with the regulation, arguing it violates competitive practices.
Looking Ahead
While the waivers represent a major victory for California and states following its lead, legal and political challenges could impact the long-term implementation of these standards. For now, the decision reinforces California’s role as a leader in environmental regulation and its commitment to transitioning away from gasoline-powered vehicles by 2035.
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