EPA Region 9 Chief Suggests Section 177 States Vulnerable On GHG Rules

摘要

EPA's newly appointed chief for Region 9 is suggesting that the agency might advance an argument that states outside of California cannot adopt its passenger vehicle greenhouse gas rules, even though a dozen other states have already done so under a process outlined in the Clean Air Act. Under the air law, California can enforce its own vehicle emissions standards after receiving a waiver of federal preemption from EPA, which it has secured for its vehicle GHG rules through model year 2025. A different section of the air law, section 177, allows states to adopt California's rules after it has received a waiver. However, newly appointed Region 9 Administrator Mike Stoker, a long-time California agriculture industry attorney, is now questioning that process as it relates to GHG standards, amid a contentious negotiation between Trump officials and California about whether to roll back Obama-era standards for M Y22-25. "California has a waiver, but other states in the lawsuit don't," he told Inside EPA in a May 20 interview. Stoker was likely referring to a suit brought by California and 16 other states challenging EPA in appellate court over its determination that it must weaken the Obama-era rules. States bringing suit largely overlap with the 12 "section 177" states, though some have not adopted the Golden State's rules.