The U.S. Environmental Protection Agency on Wednesday granted a waiver for California to fully implement its rule to phase out sales of new gas-powered cars by 2035, a decision likely to be rescinded by President-elect Trump.
Under the federal Clean Air Act, California is permitted to enact air pollution regulations that are stricter than federal rules if it receives a waiver from the EPA.
The agency also granted a second waiver to set stricter standards for truck engine emissions to reduce nitrogen oxides, a form of pollution associated with respiratory health issues. In California, trucks account for about a third of nitrogen oxide emissions, according to the California Air Resources Board.
“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,” EPA Administrator Michael Regan said in a statement. “Today’s actions follow through on EPA’s commitment to partner with states to reduce emissions and act on the threat of climate change.”
Trump has threatened to block California’s new gas-powered car sales policy. His transition team said he stands by that promise.
“The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail, including stopping attacks on gas-powered cars,” Trump transition spokeswoman Karoline Leavitt said in a statement. “When he takes office, President Trump will support the auto industry, allowing space for both gas-powered cars AND electric vehicles.”
Gov. Gavin Newsom (D) praised President Joe Biden’s administration for supporting California’s car rule, known as Advanced Clean Cars II, which is estimated to reduce greenhouse gas emissions from light-duty vehicles in California by more than 50% by 2040.
“Clean cars are here to stay,” Newsom said in a statement. “The Biden-Harris Administration reaffirmed what we’ve known for decades — California can rise to the challenge of protecting our people by cleaning our air and cutting pollution.”
The climate policies in California, the nation’s biggest car market, have rippled through the automotive industry, with manufacturers embracing electric vehicles.
“With more makes and models available than ever before, millions of Californians have already made the switch to clean cars,” Newsom said. “Automakers and manufacturers have made it clear they intend to stick with California and consumers as we move toward clean cars that save people money.”
About a dozen other states have adopted the 2022 rule to completely phase out the sale of new gas-powered vehicles by 2035. Together, those states and California make up roughly 30% of the car sales market.
California has six other waivers pending beyond the clean car rule, including the Advanced Clean Fleet rule, which is the heavy-duty, cargo truck version of the Advanced Clean Cars II rule.
But it’s unclear if the Biden administration will be able to approve any more of the waivers before Trump takes office on Jan. 20. Biden, who has championed addressing climate change during his term, is racing to dole out climate funding under the Inflation Reduction Act and other laws in an effort to solidify his policies and legacy.
Trump’s allies in the energy industry also want to claw back many of those climate measures, including the EPA’s waivers to California.
Those groups include the American Petroleum Institute and American Fuel & Petrochemical Manufacturers, which both called on Wednesday for Trump to rescind the waiver to restore consumer choice and stave off higher vehicle and transportation costs.
“Allowing California and 12 other states to outright ban new gas-powered vehicles and traditional hybrids deepens our dependence on China at the expense of the American people, and we urge the incoming administration to swiftly change course,” Will Hupman, vice president of downstream policy at the American Petroleum Institute, said in a statement.
Environmental groups cheered the move.
“This decision underscores the importance of bold, forward-thinking action to combat the climate crisis and protect public health,” said Mike Young, senior political and organizing director at California Environmental Voters. “As we prepare for the challenges of a hostile Administration next year, California’s commitment to climate action will continue to serve as a beacon for the rest of the country.”