The US EPA has delayed for far too long its decisions on California Clean Air Waivers that are waiting to be approved. The waivers will allow California and other states to go beyond EPA requirements to clean up air pollution from cars, trucks, locomotives, boats, and off-road equipment and vehicles. On December 18, the EPA approved two of California’s requested waivers: Advanced Clean Car II and Heavy-Duty Omnibus Low NOx. But there are still SIX MORE pending.
If EPA does not issue the remaining six waivers and publish their decisions in the Federal Register prior to January 20, the incoming Trump Administration could either deny the waivers or refuse to act on them. Either way, it would be difficult, if not impossible, for California to enact the regulations. If EPA does issue the waivers, the Trump Administration would have to revoke them, but the law offers protections against that, and California could prevail.
California faces the possibility of severe sanctions for failing to comply with Clean Air Act regulatory standards. These sanctions include:
- The loss of billions of dollars of federal funding to build and maintain streets, highways, and other transportation infrastructure.
- A de facto ban on the creation or expansion of any business that creates air pollution (resulting from 2-to-1 emission offset requirements).
- A federal takeover of state and local air quality regulatory authority, which could result in regularly scheduled shutdowns of our ports and prohibitions on driving cars and trucks (i.e., “no drive days”).
California already faces sanctions and cannot meet future federal air quality regulatory deadlines if EPA refuses to approve the pending waivers. In 2019, the Trump Administration threatened to impose Clean Air Act sanctions on California.1 It could happen again.
WE NEED YOU TO CONTACT YOUR CONGRESSIONAL REPRESENTATIVE TODAY:
Step 1: Visit https://www.house.gov/representatives/find-your-representative to Find Your Representative.
Step 2: Click on the Email icon below the photo of your Congressmember, or locate the Phone Number of your Congressmember below.
Step 3: Compose an email or leave a message for your Congressmember urging them to reach out to the EPA and insist that they grant California’s six clean air waivers immediately.
Step 4: Share this information with your colleagues, friends, and family.
Sample email text:
Dear Congressmember [NAME OF REPRESENTATIVE],
As a resident of your district, I urge you to tell the U.S. Environmental Protection Agency (EPA) to approve six California Clean Air Act “waivers” immediately. The waivers will allow California and other states to go beyond EPA requirements to clean up air pollution from cars, trucks, locomotives, boats, and off-road equipment and vehicles. Please contact Acting EPA Administrator Jane Nishida immediately and ask her to issue the six waivers.
Ms. Jane Nishida
Acting Administrator
U.S. Environmental Protection Agency
Mail Code 1101A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Email: nishida.jane@epa.gov
The EPA must act immediately or there may not be enough time left for their decisions to be finalized and published in the Federal Register before January 20.
Please urge the U.S. Environmental Protection Agency to issue the six remaining Clean Air Act waivers to California without delay. Issuing these waivers will protect public health, improve air quality, and help avoid sanctions that could devastate California’s economy. Thank you for your consideration and for your commitment to California’s air and community health and future!
Sincerely
[Your Name Here]
- See, for example, “Trump Administration Threatens to Cut U.S. Highway Funds From California,” New York Times, Sept. 24, 2019. ↩︎