EPA approves CA’s clean air rules that Trump says he’ll revoke (but can’t)
In the waning days of a Biden Administration which has been marked by huge progress on clean air and EV policy, the US government has approved California’s emissions rules which would end gas-only car sales within the state by 2035.
California’s “Advanced Clean Cars 2” light-duty emissions rules, which were finalized in 2022, have now received their final step of approval from the federal government, in the form of an EPA “waiver” that allows California to set its own emissions rules over and above those of the federal government.
The EPA also approved a requested waiver for low-NOx regulations for heavy duty and off-road engines at the same time.
Environmental organizations responded positively to the move – with EarthJustice, Sierra Club, the Environmental Defense Fund and CALSTART joining the chorus in our email inboxes this morning.
California has requested waivers for several other sets of emissions rules, but some are still pending and may or may not be granted by the EPA within the next month.
Environmental organizations further called on the EPA to approve California’s other requested waivers as soon as possible. Sierra Club Clean Transportation for All Director Katherine Garcia said “we urge the EPA to swiftly grant the remaining California waivers, which are crucial for states to protect their residents from transportation pollution.”
EPA said in its release today that “EPA continues reviewing additional waiver requests from California and is working to ensure its decisions are durable and grounded by law.”
The history of California’s emissions rules
For decades now, California has had a special “waiver” given by the federal government, allowing it to set its own emissions rules as long as they are stricter than the rules for the US overall.
This is due to heavy smog problems in California – especially in the areas around Los Angeles, its largest city and home to the nation’s largest container port; and in the central valley, which is the most agriculturally productive land in the country. Both of these places have geography that traps smog from the millions of cars driving on their roads every day and results in particularly bad air quality.
And so, since the 1960s when the California Air Resources Board was created (by then-Governor Ronald Reagan), California has generally exercised its state’s right to set its own emissions rules. Other states are allowed to follow these rules, but only if they copy them exactly.
These clean air rules have been a success, resulting in a >98% reduction in vehicle-based pollutants in the LA area, even as total vehicle miles traveled have gone up (and that news was from 2012 – it’s gotten even better since then due to EVs). But there’s still more to be done, because California still has air quality problems.
California’s new set of rules has been in the works since 2020, and will have the effect of ensuring that there are no new gas-only vehicles sold in the state by 2035 (though there can be 20% plug-in hybrids, but those hybrids have to fit certain requirements to ensure they actually get used properly).
California intentionally chose this less-ambitious 2035 timeline because it thought it would make it easier for other states to follow along. And as a result, 11 other states covering around a third of the US new vehicle market have said that they will adopt the standards.
The new emissions rules are expected to save Californians $13 billion in health costs, avoid thousands of deaths, cut auto emissions by half, and result in almost a billion fewer barrels of petroleum being burned. Other states will see similar improvements in health and money savings.
EPA grants new California waiver – with another clean air fight looming
All of this was contingent on the EPA signing off on the regulation, which it did so today.
The approval isn’t unexpected, but comes quite late during President Biden’s term, which has been marked by significant improvements in emissions rules and EV policy, leading to a boom in domestic manufacturing jobs and investment.
While a procedural step like this normally would not be particularly notable, there are some complicating factors here.
First, since it is late in the current Congressional term, the incoming Congress could attempt to reverse it through use of the Congressional Review Act, which republicans have made use of often in recent years to try to stop regulations that might improve Americans’ health. However, since the waiver is not actually a federal regulation and rather a state one, the Congressional Review Act doesn’t apply.
The larger threat is that, unfortunately for America, the next occupant of the White House is convicted felon Donald Trump, who finally received more votes than his opponent on his third attempt (despite committing treason in 2021, for which there is a clear legal remedy). Mr. Trump has stated quite forcefully that he wants to reverse President Biden’s clean air policies, thus saddling Americans with dirtier air, higher costs and poorer health, and sending EV jobs to China to ensure that this new boom in American manufacturing is unable to flourish.
Mr. Trump previously squatted in the White House between 2017-2021, after having obtained the 2nd most votes in the 2016 election. During that period, he attempted to poison Americans by worsening California’s emissions rules – but in keeping with his pattern of incompetence, he failed to do so.
The primary actual outcome of the last fight with California was to de-harmonize federal and California standards. While California has mostly gone it alone since the 60s, there was a brief period in the 2010s where California and federal rules were harmonized – but industry lobbying resulted in a shattering of that harmony, giving companies a more difficult regulatory environment.
Industry learned their lesson, but republicans still aiming for dirty air
As a result, this time around, industry has decided to lobby against shattering emissions standards, recognizing the chaos that was caused the last time an ignoramus got involved in setting auto regulations.
Despite the desires of the industry in question, Mr. Trump has signaled that he wants to “rip up” California’s waiver again – even though the law does not specify a method to revoke a waiver once it is granted, as EPA did today.
There is in fact no legal pathway described in the Clean Air Act which allows for the revocation of a waiver once granted. So according to the law, even if the upcoming EPA run by a dirty air advocate wanted to revoke the waiver, it would have no legal way to do so – it could only refuse to grant a waiver for future requests by California. But since California’s current ACC2 regulation covers model years up until 2035, a refusal to grant a waiver in the next 4 years would likely have little effect.
So it is yet to be seen if the incoming EPA will take the more reasonable approach desired by big auto, doctors, nurses, scientists, environmental groups, other businesses, people who have lungs, and so on; or if it will instead do what big oil, the industry Mr. Trump asked for a $1 billion bribe from and which kills millions of people around the world every year wants him to do. Make your bets now.
Further complicating the issue is that this time, Mr. Trump has a corrupt kangaroo court at his backing, which has routinely ignored the law to legislate from the bench. However, that same court did decide twice in recent days to let California’s clean air rules stand, so let us hope that they continue to see reason in this realm – we’ll have to wait and see.
(Note: this article has been updated from an article last Friday which commented on earlier rumors that the approval was upcoming)
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The Nature Conservancy (TNC) and the Cumberland Forest Limited Partnership are turning former Appalachian coal mines into clean energy hubs. They just announced new agreements with Sun Tribe Development and ENGIE to build 14 solar farms and three battery storage systems across 360 acres in Virginia, Tennessee, and Kentucky.
This marks the second round of clean energy projects launched under TNC’s Cumberland Forest Project.
These projects aren’t just about clean energy – they’re about proving that clean energy can be developed on former Appalachian coal mines in a way that benefits the environment and local communities. The solar and storage hubs are expected to bring in more local tax revenue, create short-term construction jobs, and establish a community fund to support additional local initiatives.
Brad Kreps, TNC Clinch Valley director, said, “Developing projects on former coal mines – and in a way that engages with people in the local area so that communities can benefit – takes ingenuity, skill, and determination. Ultimately, we selected Sun Tribe and ENGIE, two experienced developers that have a great interest in bringing this vision to life.”
Once online, these projects will generate around 49 megawatts (MW) of solar energy and 320 MW of battery storage – enough to power 6,638 Appalachian homes annually.
Sun Tribe’s projects will be in Virginia and Tennessee. It’s planning one 5 MW solar project and three utility-scale battery storage systems ranging from 80 MW to 150 MW. These storage projects will improve grid reliability and help cut costs for utility customers by reducing the need for future grid upgrades.
“Locating solar and battery storage on former mine lands makes perfect sense to us,” said Danny Van Clief, CEO of Sun Tribe Development. “These sites and the communities they rest within have powered our country for more than a century – all we have to do is reimagine them for today’s energy technology.”
ENGIE, meanwhile, is developing 13 community-scale solar projects across Virginia, Tennessee, and Kentucky that will take advantage of Inflation Reduction Act incentives to help keep costs down. They’ll range in size from 1 MW to 6 MW, bringing clean energy access to more local communities.
“ENGIE is thrilled to collaborate on the development of these projects with The Nature Conservancy,” says Kristen Fornes, ENGIE head of distributed solar and storage. “These initiatives not only contribute to the reduction of greenhouse gas emissions but also generate employment opportunities, rejuvenate local communities, and enhance access to clean energy in areas where it is most needed.”
This latest announcement builds on previous first-round work by TNC, Sun Tribe, and Dominion Energy to bring renewable energy to Appalachia. Since 2021, Sun Tribe and Dominion Energy have been working on plans to generate 140 MW of renewable energy across eight sites in the Cumberland Forest. The first project, Wildcats Solar, is a 10 MW array planned for Wise County, Virginia. Expected to start construction by 2026, it’s projected to generate $800,000 in tax revenue for the community over its lifetime. Additional projects from the first round are set to be online by 2029.
Read more: Renewables provided 90% of new US capacity in 2024 – FERC
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The US State Department’s procurement forecast for the 2025 budget includes an item called “Armored Teslas” worth $400 million.
But worry not; it was approved under the Biden Administration, so Elon Musk’s DOGE will undoubtedly eliminate this waste. Right?
Elon Musk and his team at the Department of Government Efficiency (DOGE) are currently examining a large amount of US government spending.
It’s unclear if he got to the US State Department’s procurement forecast because there are a few interesting lines that would give auditors second thoughts.
The most interesting one is “Armored Tesla (Production Units)”, which is worth $400 million. Strangely, the item is listed under the NAICS code “311999 – All Other Miscellaneous Food Manufacturing.”
The program has a target for delivery in Q4 through the next 5 years.
There are several other similar and strange budgeted items that are linked to the wrong categories:
You have “ARMORED SEDAN” under “Soft Drink Manufacturing,” “ARMORED BMW X5/X7” under “Bottled Water Manufacturing,” and finally, ARMORED EV (NOT SEDAN) under “Ice Manufacturing.”
However, all these other armored vehicle-related items are budgeted at a fraction of the $400 million for Tesla vehicles ($50 million, $40 million, and $40 million, respectively).
The State Department procurement forecast website mentions that the list was last updated in December – before Trump entered office.
Electrek has contacted the State Department for a comment, and we will update you if we get an answer.
Tesla has claimed that its Cybertruck is “armored” and “bulletproof”, but its armored capacity is quite limited. It can likely deflect low-velocity bullets if they hit the doors, but that’s about it.
Other companies have been planning to modify the Cybertruck with higher levels of armor, like the partnership between Unplugged Performance and Archimedes Defense – pictured above.
Electrek’s Take
I am not against armored electric vehicles. If you need armored vehicles, you might as well make them electric.
However, this is certainly weird. Why does the State Department need $530 million worth of armored vehicles? And why is it listed under a bunch of unrelated categories that don’t make sense?
Sounds like a job for DOGE? However, Elon will need to recuse himself from that one, I guess.
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