WASHINGTON — After the Environmental Protection Agency (EPA) made the announcement on Wednesday that it is granting two requests from the California Air Resources Board (CARB) for waivers to implement and enforce its Advanced Clean Cars II (ACC II) regulations for light-duty vehicles, and its “Omnibus” low-NOx regulation for heavy-duty highway and off-road vehicles and engines.
Owner-Operator Independent Drivers Association President Todd Spencer was critical of the announcement by the EPA.
“The Omnibus Low-NOx waiver for California calls into question the policymaking process under the Biden administration’s EPA,” Spencer said. “Purposefully injecting uncertainty into a $588 billion American industry is bad for our economy and makes no meaningful progress towards purported environmental goals. EPA’s credibility outside of radical environmental circles would have been better served by working with regulated industries rather than ramming through last-minute special interest favors. We look forward to working with the Trump administration’s EPA in good faith towards achievable environmental outcomes.”
Under the Clean Air Act, California is afforded the ability to adopt emissions requirements independent from EPA’s regulations to meet its significant air quality challenges. The state must seek a waiver from EPA for new motor vehicle emission standards, the release stated.
After reviewing the information provided by California, reviewing comments submitted by the public, and applying the limited criteria for waiver review under the Clean Air Act, EPA determined in each case that it would be appropriate to grant both waiver requests. The records, included in the waiver decisions, contain public comments on the programs’ feasibility, including costs to manufacturers and the lead time provided. EPA’s review found that opponents of the waivers did not meet their burden to show how either program is inconsistent with the Clean Air Act.
“California has longstanding authority to request waivers from EPA to protect its residents from dangerous air pollution coming from mobile sources like cars and trucks,” said EPA Administrator Michael S. Regan. “Today’s actions follow through on EPA’s commitment to partner with states to reduce emissions and act on the threat of climate change.”
The ACC II program is a single coordinated package of requirements for model year 2026 through 2035 and beyond for on-road light- and medium-duty engines and vehicles. The ACC II regulations include revisions to both California’s Low Emission Vehicle (LEV) and Zero Emission Vehicle (ZEV) regulations.
CARB projects that the ACC II program will reduce smog and soot-causing pollutants – including fine particulate matter (PM2.5) as well as oxides of nitrogen (NOx) and hydrocarbons (HC), which are precursors of ground-level ozone – as well as reduce greenhouse gases and toxic air pollutants.
CARB projects that its Low-NOx standards will protect communities from dangerous NOx pollution that mixes in the atmosphere to form ground-level ozone, commonly called “smog,” which can lead to costly and harmful health impacts such as increased illnesses, asthma attacks, lost days of work or school, and hospitalizations.
EPA has taken public comment on both the ACC II and Low-NOx regulation waiver requests from state and local governments, health and environmental organizations, industry, and other stakeholders. These final decisions are based on those comments, as well as EPA’s evaluation of CARB’s requests according to Clean Air Act requirements and other information in the record, including that submitted by California. EPA maintains a webpage for information on California waivers and authorizations that sets out EPA’s administrative process for California waivers and authorization.
EPA continues reviewing additional waiver requests from California and is working to ensure its decisions are durable and grounded by law.
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
