[DOCID: f:sr243.110]
From the Senate Reports Online via GPO Access
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Calendar No. 320
110th Congress Report
SENATE
1st Session 110-243
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AMENDING THE CLEAN AIR ACT TO ESTABLISH DEADLINES BY WHICH THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL ISSUE A
DECISION ON WHETHER TO GRANT CERTAIN WAIVERS OF PREEMPTION UNDER THAT
ACT
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December 12, 2007.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1785]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1785) to amend the Clean Air Act to
establish deadlines by which the Administrator of the
Environmental Protection Agency shall issue a decision on
whether to grant certain waivers of preemption under that Act,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill (as amended) do pass.
Purpose of the Legislation
S. 1785 establishes deadlines for action by the
Administrator of the Environmental Protection Agency (EPA) on
State requests under section 209(b) of the Clean Air Act to
waive federal preemption for State standards controlling motor
vehicle emissions of air pollutants. The bill amends the Clean
Air Act to ensure timely decisions on waiver requests by
establishing legally enforceable deadlines for EPA action.
General Statement and Background
Title II of the Clean Air Act (Title 42, Chapter 85,
Subchapter II, United States Code) establishes a comprehensive
program for controlling emissions of air pollutants from new
motor vehicles and other mobile sources of air pollution. In
accordance with section 202 of the Act, the Administrator of
EPA is required to prescribe standards applicable to the
emission of any air pollutant from new motor vehicles which, in
the judgment of the Administrator, cause or contribute to air
pollution which may reasonably be anticipated to endanger
public health or welfare.
The Clean Air Act generally preempts States and local
jurisdictions from setting their own emission standards for new
motor vehicles. However, section 209(b) of the Act requires the
Administrator to waive preemption with respect to a State that
meets specified criteria if the State determines that its motor
vehicle standards will be, in the aggregate, at least as
protective of public health and welfare as applicable Federal
standards. Section 209(b) further provides that a waiver of
preemption shall not be granted if the Administrator makes any
of three specified findings. The Administrator may act on a
waiver request only after providing notice and an opportunity
for a public hearing.
The State that meets the criteria set forth in section
209(b) and may thus seek a waiver of federal preemption is
California. The Clean Air Act affords California the unique
opportunity to set its own vehicle emission standards in
recognition of California's early leadership in setting such
standards and the State's particularly severe air pollution
problems. Section 177 of the Act authorizes any other State
that has an EPA-approved plan for areas in non-attainment of a
federal air quality standard to adopt and enforce California
emission standards for which a waiver has been granted under
section 209(b).
EPA has a long history of granting California requests for
a waiver of federal preemption under section 209(b), based on
its assessment of the merits of these requests. According to a
2007 report by the Congressional Research Service, in over 30
years, EPA has granted over 50 waiver requests in whole or in
part. California's Waiver Request to Control Greenhouse Gases
under the Clean Air Act, July 24, 2007, p. 9. A 2006 report by
the National Research Council of the National Academies of
Science concluded that ``California has used its authority as
Congress envisioned: to implement more aggressive measures than
the rest of the country and to serve as a laboratory for
technological innovation.'' State and Federal Standards for
Mobile-Source Emissions, National Academies Press, 2006, p. 4.
In 2005, California adopted the first standards in the
nation for reducing vehicle emissions of emissions of
greenhouse gases. The State's standards require a gradual
reduction in the greenhouse gas emissions of new passenger
vehicles beginning in model year 2009. By the 2016 model year,
the standards cut greenhouse gas emissions from new passenger
vehicles by almost 30 percent.
California submitted to EPA a request for a waiver of
preemption for its greenhouse gas standards on December 21,
2005. EPA did not begin acting on the request until 16 months
later, after the U.S. Supreme Court ruled in Massachusetts v.
EPA that the Clean Air Act authorizes to regulate greenhouse
gases. EPA has stated its intent to issue a decision on the
waiver request by the end of 2007, but the Clean Air Act
contains no explicit deadline by which the Agency must act.
As of July 2007, the following 12 States have adopted
California's greenhouse gas emission standards and are awaiting
EPA's action on California's waiver request: Connecticut,
Florida, Maine, Maryland, Massachusetts, New Jersey, New York,
Oregon, Pennsylvania,Rhode Island, Vermont and Washington.
Together with California, these states represent over 30% of the
national vehicle fleet.
Section-by-Section Analysis
SECTION 1. WAIVERS OF PREEMPTION
Summary
Section 1 amends section 209 of the Clean Air Act to
establish deadlines for pending and future requests for waivers
under section 209(b) of the Act.
Description
For waiver requests submitted to EPA before January 31,
2006, and pending as of the date the bill is enacted, the
section requires the Administrator of EPA to issue a decision
on the request not later than 30 days after the date the bill
is enacted but in no case later than September 30, 2007. This
deadline would apply to California's request for a waiver for
its greenhouse gas vehicle standards if EPA has not decided the
request by the date the bill is enacted.
For waiver requests submitted to EPA after the date the
bill is enacted, the section requires the Administrator of EPA
to issue a decision within 180 days of EPA's receipt of the
request. This deadline will ensure that all future waiver
requests are decided on a timely basis by EPA.
Legislative History
On July 12, 2007, Senator Nelson of Florida introduced S.
1785, joined by original cosponsors Senators Boxer, Lautenberg,
Sanders, Feinstein, Menendez, and Cardin. Senators Whitehouse
and Reed were added as cosponsors. The bill was read twice and
referred to the Senate Committee on Environment and Public
Works. The committee met on July 31, 2007, to consider the bill
as amended by a substitute amendment. S. 1785 as revised by the
substitute amendment was ordered favorably reported without
amendment by a vote of 10 to 9.
Hearings
The Committee did not hold hearings on S. 1785 during the
110th Congress. However, the Committee held two hearings on
EPA's handling of California's request for a waiver for its
greenhouse gas vehicles standards. At a May 22, 2007 hearing on
``The Case for the California Waiver'' the Committee heard
testimony from Edmund G. Brown, Attorney General of California;
Alexander B. Grannis, Commissioner of Department of
Environmental Conservation of the State of New York; and
Jonathan H. Adler, Director of the Center for Business Law and
Regulation at Case Western Reserve University School of Law. At
a July 26, 2007 hearing entitled, ``Examining the Case for the
California Waiver: An Update from EPA,'' the committee heard
testimony from Senator Nelson of Florida concerning S. 1785 and
from EPA Administrator Stephen L. Johnson.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1785, as revised by the Chairman's mark amendment,
on July 31, 2007. The Chairman's mark was ordered favorably
reported by rollcall vote. The vote was 10 to 9 in favor of the
bill as revised (Ayes--Baucus, Cardin, Carper, Clinton,
Klobuchar, Lautenberg, Lieberman, Sanders, Whitehouse, Boxer.
Nays--Alexander, Barrasso, Bond, Craig, Inhofe, Isakson,
Vitter, Voinovich, and Warner).
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1785
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1785 would
impose no Federal intergovernmental unfunded mandates on State,
local or tribal governments. The bill contains no new private-
sector mandates as defined in UMRA.
Congressional Budget Office Cost Estimate
CBO estimates that enacting S. 1785 would have no
significant impact on the federal budget.
Enacting the legislation would not affect direct spending
or revenues. S. 1785 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on State, local, or tribal
governments.
S. 1785 would require the Administrator of the
Environmental Protection Agency (EPA) to issue certain
decisions within deadlines established by the bill. Those
decisions concern whether states should be granted waivers to
preempt federal standards for motor vehicle emissions. The bill
would require EPA to issue a decision on any requests for
waivers that were submitted before January 31, 2006, and are
still pending on the date of enactment of S. 1785, no later
than September 30, 2007. Any subsequent requests for waivers
would require a determination by EPA within 180 days after the
agency receives the request.
Currently, EPA is reviewing a request for a waiver for
California that would permit the state to implement a
regulation it approved in 2004 that is designed to reduce
emissions from automobiles and regulate greenhouse gas
emissions. According to EPA, enacting this bill could require
the agency to redirect personnel and other resources to its
ongoing review of California's request to meet the deadline
established under S. 1785. CBO does not expect that EPA would
require additional funds in 2007 to complete its review.
Furthermore, EPA expects that any future requests for waivers
would be less time-consuming than the current request from
California. CBO estimates that EPA would not require any
significant additional resources in subsequent years to
expedite its decisions on similar requests for waivers. Thus,
we estimate that implementing this legislation would not have a
significant effect on the federal budget.
The CBO staff contact for this estimate is Susanne S.
Mehlman.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
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CLEAN AIR ACT
* * * * * * *
TITLE I--AIR POLLUTION PREVENTION AND CONTROL
Part A--Air Quality and Emission Limitations
findings and purposes
Sec. 101. (a) The Congress finds--
(1) * * *
* * * * * * *
state standards
Sec. 209. (a) No State or any political subdivision thereof
shall adopt or attempt to enforce any standard relating to the
control of emissions from new motor vehicles or new motor
vehicle engines subject to this part. No State shall require
certification, inspection, or any other approval relating to
the control of emissions from any new motor vehicle or new
motor vehicle engine as condition precedent to the initial
retail sale, titling (if any), or registration of such motor
vehicle, motor vehicle engine, or equipment.
(b)(1) * * *
* * * * * * *
(f) Waivers of Preemption.--
(1) Pending requests.--Not later than 30 days after
the date of enactment of this subsection, but in no
case later than September 30, 2007, the Administrator
shall issue a decision on each request for a waiver of
preemption under subsection (b) that--
(A) was submitted before January 31, 2006;
and
(B) is pending as of the date of enactment of
this subsection.
(2) Subsequent requests.--With respect to a request
for a waiver of preemption under subsection (b) that is
submitted by a State after the date of enactment of
this subsection, not later than 180 days after the date
on which the Administrator receives the request, the
Administrator shall issue a decision on whether to
grant the waiver.
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