Governor Bill Richardson Urges U.S. EPA to Approve California Clean Car Program

Press Release

Today Governor Bill Richardson urged the U.S. Environmental Protection Agency (EPA) to allow states to require greenhouse gas emissions reductions
from cars and SUVs. As part of EPA's public hearing process, Governor Richardson submitted comments in support of California's request for a waiver under the Clean Air Act to allow the clean tailpipe standards to take effect.

"Greenhouse gas emissions from cars and light trucks are expected to grow faster than any other sector in New Mexico," said Governor Richardson. "That is why New Mexico will adopt motor vehicle standards like California's by the end of the year."

"Adopting these clean tailpipe standards in New Mexico would reduce carbon dioxide (CO2) emissions from new vehicles about 30 percent over the next eight years," stated Governor Richardson. "We know that these standards can be met using existing "off-the shelf" technology at no additional long-term cost to consumers."

On April 2, 2007, the U.S. Supreme Court (Massachusetts v. EPA; U.S., No. 05-1120) indicated that EPA has the authority to regulate greenhouse gas emissions. "The EPA has the authority to regulate greenhouse gas emissions, states like New Mexico and California want to take the lead on reducing those emissions, I believe the EPA should not stand in their way."

Adopting the regulations was a unanimous recommendation of Governor Richardson's Climate Change Advisory Group for reducing transportation sector greenhouse gas emissions. See http://www.nmclimatechange.us/. Twelve states already have adopted the standards, and six more (including New Mexico) are considering adoption. The New Mexico Environment Department will hold public meetings on the program.

May 18, 2007

U.S. Environmental Protection Agency
EPA West (Air Docket)
1200 Pennsylvania Ave., NW
Room B108
Mail Code 6102T
Washington, D.C. 20460

Attention: Docket ID No. EPA-HQ-OAR-2006-0173

Dear Administrator Johnson:

I am writing to comment in strong support of California's continued request for a waiver under Clean Air Act section 209(b) (42 U.S.C. § 7543(b)) for California's greenhouse gas emission standards for new cars and light trucks.

The U.S. Environmental Protection Agency must act now to approve this requested waiver.

New Mexico offers the following specific comments:

(1) California determined that its motor vehicles emission standards are, in the aggregate, at least as protective of public health and welfare as applicable Federal standards.

California's December 21, 2005 waiver submittal provided solid demonstration that its greenhouse gas emission standards meet relevant waiver criteria; e.g., protective of public health and welfare. The recent Massachusetts v. EPA (U.S., No. 05-1120, 4/2/07) decision regarding regulation of greenhouse gas emissions from new motor vehicles under Title II of the Clean Air Act greatly strengthens that demonstration.

(2) California needs such motor vehicle emission standards to meet compelling and extraordinary conditions.

The need for action addressing climate change is no longer in dispute, as confirmed by the U.S. Supreme Court on April 2, 2007 and with the release of the IPCC Fourth Assessment Report on May 4, 2007. See the Summary for Policymakers available at http://www.ipcc.ch/SPM040507.pdf. California has submitted a schedule under which U.S. EPA can and should grant the waiver within 180 days. New Mexico supports the California Air Resources Board's recent letter noticing its intent to file an unreasonable delay suit if U.S. EPA fails to take final agency action during that time period.

(3) California's standards and accompanying enforcement procedures are consistent with section 202(a) of the Clean Air Act.

California is the only state that is qualified to seek and receive a waiver under section 209(b). The U.S. EPA Administrator must grant a waiver unless he finds that (a) the determination of the state is arbitrary and capricious, (b) the state does not need the state standards to meet compelling and extraordinary conditions, or (c) the state standards and accompanying enforcement procedures are not consistent with section 202(a) of the
Clean Air Act. None of the above findings can be made.

Climate change could seriously impact public health and the environment in California; not to act on reducing emissions from the number one source of greenhouse gases in California would be arbitrary and capricious. Compelling and extraordinary conditions will exist should greenhouse gas emissions be allowed to go unchecked. The effects of climate change are already being seen. California's request is completely consistent with section 202(a) of the Clean Air Act.

New Mexico requests that U.S. EPA immediately grant California's request for a section 209(b) waiver.

Greenhouse gas emissions from transportation are expected to grow faster than any other sector in New Mexico. That is why we will exercise our option under Clean Air Act section 177 to adopt California's motor vehicle greenhouse gas emission standards as our own by the end of the year. New Mexico has a vital interest in reducing global warming emissions from vehicular and other sources in our state.

Please enter this letter in the subject docket.

Sincerely,

Bill Richardson
Governor of New Mexico

Source