News
State Follows California in Regulating Automotive Climate Change Emissions
By Dick Kamp/Wick Communications Environmental Liaison
On Monday, Arizona Department of Environmental Quality (ADEQ) Director Steve Owen said that, "the state of Arizona has the highest rate of growth of climate-changing greenhouse gases (GHG) in the United States", and announced that ADEQ would begin rulemaking to cut GHG emissions from vehicles sold in the state beginning in the 2011 model year.
Emissions of gases that cause global warming grew 56 percent between 1990 and 2005, said Owen, with 40 percent coming from vehicles. The new rules are being developed following an executive order on climate change issued in September 2006 by Governor Janet Napolitano. Arizona's Climate Change Advisory Group unanimously recommended that Arizona adopt the standards that will be directly modeled on California's Clean Car (CC) Program).
ADEQ will promulgate rules by the end of the year or early next year, explained Owen, and a public comment period will ensue. "We'll take comments from car dealers and other stakeholders into account and then we'll issue our draft rules and seek approval from the regulator control commission by summer 2008."
"As long as we do technically what California has done and adopt the greenhouse gas reductions in a "clean car program", the regulation should go smoothly, said Owen. "However there is a bit of a curve to the process", he added, "since our program won't have force of law until US EPA approves the California implementation of standards they have adopted".
In 2005, California mandated that new light duty cars and trucks must have reduced carbon emissions by the 2009 model year to address the impacts of climate change. California appealed to EPA the same year to provide them with approval for their CC program to regulate greenhouse gases. This is done in the form of a "waiver" that only that state can be granted under the Federal Clean Air Act.
The waiver allows California to promulgate air pollution regulations that the Federal government ordinarily would do less restrictively. California had an EPA and a clean air act before the Federal government did and these waivers have been granted since 1968 and became a part of the Clean Air Act in 1977.
Other states that do not have this exemption from Federal law can and have adopted California environmental standards. An example has been some state regulation of automotive smog causing emissions, No California waivers have been denied by any Presidential administration since prior to the 1977 Clean Air Act.
The Bush administration, however, in conjunction with the Alliance of Automotive Manufacturers, has actively lobbied Congress and state governors during 2007 to oppose California's waiver to regulate greenhouse gas emissions, even though the EPA is the agency that must approve or deny a waiver. The automotive industry is also suing California in state court over the rule.
On Nov. 5, California Republican Governor Schwarzenegger sued EPA to force a decision on the climate change waiver on the grounds that climate change would be expected to cause more heat waves, fiercer storms, earlier snow pack melts, rising sea levels, worse fires and heavier smog. They also stated that the waiver is necessary for automotive manufacturers to know what standards that they must meet in 2009. Arizona and a total of 14 other states intending to adopt the California standards are supportive of the California action.
In April, the Supreme Court strengthened California's position on regulating climate change through a Massachusetts ruling that states have legitimate interests to protect from global warming, such as coastlines and forests. "The Massachusetts case said unequivocally that CO2 and GHG are pollutants under the Clean Air Act and we have a broad definition of pollutants under Arizona law", said Owen.
Although carbon dioxide (CO2) is the best known greenhouse gas, other vehicle climate change emissions that California regulates under their CC Program include methane (CH4), nitrous oxide (N2O) and hydrofluorocarbons (HFCs), whether emitted from the vehicle, leaking from air conditioning at any stage in the life of the vehicle, or as emissions from the production of the fuel used in the vehicle.
CO2 can be reduced by reducing or eliminating the fossil fuel used. An electric car or hydrogen powered vehicle would emit no greenhouse gases-except those from air conditioner leakage. In California, most traditional internal combustion engine cars with highly economical engines are classified as low emissions vehicles for GHG under the new law.
California estimates that if they are joined by 18 states either committed to or intending to apply their law, 100 million tons of greenhouse gases will be reduced by 2020. Although the costs of new cars will rise, the state estimates a substantial cost savings from lower fuel costs, environmental benefits aside.
An even larger source of CO2 emissions in Arizona than vehicles-about 58 percent in 2004 according to EPA-is power plants. Owen added that, "We will regulate GHG from power plants and we have that authority. There is nothing specific yet and we are working under the context of the Western Climate Initiative with other western states."
Owens said that Governor Napolitano's stated goal is to reduce Arizona GHG emissions to year 2000 levels by 2020 and to reduce to 50 percent below 2000 levels back to 2040.
Kamp may be reached at bepdick@att.net.
Emissions of gases that cause global warming grew 56 percent between 1990 and 2005, said Owen, with 40 percent coming from vehicles. The new rules are being developed following an executive order on climate change issued in September 2006 by Governor Janet Napolitano. Arizona's Climate Change Advisory Group unanimously recommended that Arizona adopt the standards that will be directly modeled on California's Clean Car (CC) Program).
ADEQ will promulgate rules by the end of the year or early next year, explained Owen, and a public comment period will ensue. "We'll take comments from car dealers and other stakeholders into account and then we'll issue our draft rules and seek approval from the regulator control commission by summer 2008."
"As long as we do technically what California has done and adopt the greenhouse gas reductions in a "clean car program", the regulation should go smoothly, said Owen. "However there is a bit of a curve to the process", he added, "since our program won't have force of law until US EPA approves the California implementation of standards they have adopted".
In 2005, California mandated that new light duty cars and trucks must have reduced carbon emissions by the 2009 model year to address the impacts of climate change. California appealed to EPA the same year to provide them with approval for their CC program to regulate greenhouse gases. This is done in the form of a "waiver" that only that state can be granted under the Federal Clean Air Act.
The waiver allows California to promulgate air pollution regulations that the Federal government ordinarily would do less restrictively. California had an EPA and a clean air act before the Federal government did and these waivers have been granted since 1968 and became a part of the Clean Air Act in 1977.
Other states that do not have this exemption from Federal law can and have adopted California environmental standards. An example has been some state regulation of automotive smog causing emissions, No California waivers have been denied by any Presidential administration since prior to the 1977 Clean Air Act.
The Bush administration, however, in conjunction with the Alliance of Automotive Manufacturers, has actively lobbied Congress and state governors during 2007 to oppose California's waiver to regulate greenhouse gas emissions, even though the EPA is the agency that must approve or deny a waiver. The automotive industry is also suing California in state court over the rule.
On Nov. 5, California Republican Governor Schwarzenegger sued EPA to force a decision on the climate change waiver on the grounds that climate change would be expected to cause more heat waves, fiercer storms, earlier snow pack melts, rising sea levels, worse fires and heavier smog. They also stated that the waiver is necessary for automotive manufacturers to know what standards that they must meet in 2009. Arizona and a total of 14 other states intending to adopt the California standards are supportive of the California action.
In April, the Supreme Court strengthened California's position on regulating climate change through a Massachusetts ruling that states have legitimate interests to protect from global warming, such as coastlines and forests. "The Massachusetts case said unequivocally that CO2 and GHG are pollutants under the Clean Air Act and we have a broad definition of pollutants under Arizona law", said Owen.
Although carbon dioxide (CO2) is the best known greenhouse gas, other vehicle climate change emissions that California regulates under their CC Program include methane (CH4), nitrous oxide (N2O) and hydrofluorocarbons (HFCs), whether emitted from the vehicle, leaking from air conditioning at any stage in the life of the vehicle, or as emissions from the production of the fuel used in the vehicle.
CO2 can be reduced by reducing or eliminating the fossil fuel used. An electric car or hydrogen powered vehicle would emit no greenhouse gases-except those from air conditioner leakage. In California, most traditional internal combustion engine cars with highly economical engines are classified as low emissions vehicles for GHG under the new law.
California estimates that if they are joined by 18 states either committed to or intending to apply their law, 100 million tons of greenhouse gases will be reduced by 2020. Although the costs of new cars will rise, the state estimates a substantial cost savings from lower fuel costs, environmental benefits aside.
An even larger source of CO2 emissions in Arizona than vehicles-about 58 percent in 2004 according to EPA-is power plants. Owen added that, "We will regulate GHG from power plants and we have that authority. There is nothing specific yet and we are working under the context of the Western Climate Initiative with other western states."
Owens said that Governor Napolitano's stated goal is to reduce Arizona GHG emissions to year 2000 levels by 2020 and to reduce to 50 percent below 2000 levels back to 2040.
Kamp may be reached at bepdick@att.net.
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