In a controversial move last year, Congress, aided by the EPA, employed a questionable method to prevent California from implementing upcoming standards for cleaner vehicles. Now, the EPA seeks Congress’s approval to revoke standards dating back to 2004. The EPA’s challenge to these long-standing clean air standards, which were established before the iPhone, stems from the potential use of these older benchmarks by California to prevent the sale of more polluting vehicles, should the latest protections be overturned.
California’s Six-Decade Battle Against Vehicle Pollution
California initiated its clean car standards in 1966 to combat widespread smog and pollution, particularly in the Los Angeles Basin. Recognizing California’s proactive measures, the federal Air Quality Act of 1967 permitted the state to enforce stricter pollution standards for vehicles, addressing its severe air quality issues.
Understanding the Clean Air Act Waiver
California enforces vehicle pollution standards through a two-step process. The California Air Resources Board (CARB) first conducts thorough research on potential regulatory measures and sets standards for manufacturers. The federal EPA then issues a waiver under the Clean Air Act, allowing California to enforce these standards if they meet or exceed federal protections. Since the 1960s, numerous waivers have been granted to California to safeguard public health and the environment.
The Assault on California’s Clean Car Standards by EPA and Congress
Last year, Congress took an unprecedented step by misrepresenting California’s Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Omnibus waivers as “rules” under the Congressional Review Act (CRA). Despite the nonpartisan Senate Parliamentarian’s ruling that waivers are not subject to the CRA, Congress passed resolutions under this act, which were signed by the president. These measures pose a threat to the future of clean transportation in California, prompting the state to pursue legal action to reverse them.
Unwavering in its efforts, the EPA is now urging Congress to employ the same controversial method to overturn previous waivers, including those for 2009 model year vehicles, which have already been fully implemented.
In 2009, California received a waiver for greenhouse gas (GHG) emission standards for vehicles, known as the Pavley standards, which were largely aligned with federal standards of the Obama era. CARB also secured a waiver in 2013 to introduce the Advanced Clean Cars (ACC) standards, which encompassed limits on smog-forming pollutants, GHG emissions caps, and a zero-emission vehicle (ZEV) sales mandate, becoming increasingly stringent through the model year 2025. The auto industry has adhered to these standards, resulting in cleaner gasoline, hybrid, and electric vehicles. From 2012 to 2024, emissions from new passenger vehicles decreased by over 25 percent, offering drivers substantial fuel savings as they transition to electric vehicles.
EPA Targets Remaining Clean Car Standards
The EPA’s focus on eliminating standards for vehicles sold over 15 years ago is tied to CARB’s response to the previous year’s CRA action on clean car waivers. Following the use of the CRA against the waivers by Congress and the president, CARB initiated an emergency regulatory process to affirm that certain existing clean car standards remain valid if newer standards cannot be enforced. CARB indicated it would uphold standards on smog-forming pollution and GHG emissions at 2025 levels until new ones are in place or a court restores the Advanced Clean Cars II standards, which are currently on hold. Importantly, CARB is not enforcing the 2025 ZEV sales requirement, meaning there is no mandate for electric vehicle sales if the Advanced Clean Cars II standards are not reinstated.
Automakers continue to meet these state-level vehicle standards. However, with the Trump administration having rolled back federal greenhouse gas standards and currently in the process of easing criteria pollution standards for vehicles, California faces potential setbacks in protecting against a return to more polluting car and truck models from the past.
The Necessity of Strong Standards for Clean Air and Climate Change Mitigation
California’s authority over clean car standards has yielded significant improvements in air quality for decades. Weakening these standards now would lead to increased pollution, higher emissions, and reduced public health protections. Abandoning standards that automakers already comply with would have adverse effects and severely impede efforts to improve air quality. Californians would then have to depend on federal vehicle standards, which is a precarious option given the current EPA leadership’s anti-science stance. The EPA has previously stated that regulating global warming pollution is unnecessary, repealed the Endangerment Finding, and signaled intentions to roll back health-protective tailpipe emissions standards.
With the worst air quality in the nation, California has failed to meet federal standards for pollutants like ground-level ozone and particulate matter. The state’s strategy to comply with these standards relies heavily on the ability to enforce cleaner vehicle requirements. Without this authority, California might need to significantly alter its compliance plans, potentially imposing stricter emissions reductions from other sources.
Reversing California’s standards would not only increase pollution but also create regulatory uncertainty for the auto industry, which has already invested in developing cleaner vehicles to meet state and federal guidelines. Maintaining the existing standards is crucial for public health and for advancing efforts to mitigate climate change. Congress should oppose Congressional Review Act resolutions that undermine its power to shield residents from pollution.
