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California’s Vehicle Emissions Fight Continues a 50-Year Struggle

Felicity Barringer
Sep 18 2019

California’s resistance to federal plans loosening vehicle emissions standards is nothing new. Over the decades, the state has fought repeatedly to stay in the forefront of pollution controls.

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When the Smog Rolled In Traffic on the Hollywood Freeway near Ventura Boulevard in the spring of 1972, left. Right, downtown Los Angeles in 1973. Gene Daniels, US Environmental Protection Agency via the National Archives
 

Update, September 18, 2019

In a tweet this morning, President Trump announced his administration was revoking California’s 52-year-old authority to set its own vehicle emission standards. The reason: “To produce far less expensive cars for the consumer, while at the same time making the cars substantially SAFER," the tweet said.

This grant of authority, or waiver, was originally awarded in 1967 and renewed by the 1970 Clean Air Act. It allows the state, and about a dozen others that chose to follow its lead, to establish more stringent emission standards than the Environmental Protection Agency’s. These states comprise the market for about one third of all cars sold in the United States, so California rules became the de-facto nationwide standard. Automakers do not design vehicles for different standards.

In July, California’s air regulators struck a deal with four major automobile companies that slightly curbs their existing mandate but ensures that they will only have to meet one emission standard. Ford, Honda, Volkswagen of America, and BMW North America had negotiated for weeks in secret. The California rule had required automakers meet a 54.5 miles per gallon average fleet economy by 2025. The compromise cut that to about 51 mpg by 2026. The Justice Department has opened an antitrust investigation into the companies that made the deal.

By Felicity Barringer

California has been here before, more than half a century ago. As was true then, forces in Washington, D.C. want to loosen emission requirements and strip California of its ability to impose tough standards for vehicle emissions, and once again, California officials are fighting back.

Smog Debate Echoes in Climate Change Concerns

Today, the issue goes beyond the cleaner but still polluted air around Los Angeles and throughout the Central Valley — to greenhouse gases that exacerbate climate change.

The parallels are striking. In the 1960s and 70s, at issue was the smog-laden air in and around Los Angeles, and California’s use of emerging science to pioneer new regulatory controls. Today, the issue goes beyond the cleaner — but still polluted — air around Los Angeles and throughout the Central Valley to combatting greenhouse gases that exacerbate climate change. Change that, in turn, harms air quality by supercharging wildfires that have devoured millions of acres and shrouded large parts of the state in choking smoke.

Ozone levels, then and now, are one obvious parallel. Concentrations of the gas, which is generally emitted by both vehicles and industry, have improved fivefold since 1980 in eight southern California air basins. Nonetheless, those eight basins are still on the American Lung Association’s most recent list of the 10 worst in the country.  David D. Parrish, a scientist working as a consultant on atmospheric chemistry, estimates it will take more than three decades before these basins meet national standards.


California Cities Still Stand Out Nationally

Most Ozone-Polluted Cities in U.S., 2018

Rank Urban Area State(s)
1 Los Angeles-Long Beach California
2 Bakersfield California
3 Visalia-Porterville-Hanford California
4 Fresno-Madera California
5 Sacramento-Roseville California
6 San Diego-Carlsbad California
7 Modesto-Merced California
8 Phoenix-Mesa-Scottsdale Arizona
9 Redding-Red Bluff California
10 New York-Newark NY, NJ, CT, PA

Source: State of the Air Report, American Lung Association


At an Environmental Protection Agency hearing in Fresno last Monday, Mary Nichols, who chairs California’s Air Resources Board, said that Fresno and Los Angeles are “ground zero for the most stubbornly persistent violations of air standards in the nation.” And the air quality is deteriorating — southern California had 87 straight days of smoggy air this summer. It’s been two decades since it saw a stretch of ozone violations like that. Dr. Parrish said that without the more stringent controls demanded by California, “there’s a very real possibility that total concentration [of ozone] will creep up.”


Miles Yet to Go The Los Angeles skyline in May 2016.   Maciek Lulko via Flickr


Once Again, Cost Is a Defense for Opponents of Pollution Control

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1970 Oldsmobile Toronado.  
 
“General Motors does not at this time know how to get production vehicles down to the emission levels that your bill would require for 1975 models.”— E.M. Cole, General Motors Executive, in 1970
Photo: Bull-Doser via Wikimedia Commons

If the air quality arguments for tough rules today mimic those of 1967, so do the arguments for regulatory restraint. “I was distressed to learn that the Senate Public Works Committee has voted approval of an air pollution bill that would require that 1975-model cars have a 90 per cent reduction in emissions from 1970 models,” wrote General Motors’ president E.M. Cole to the Senate in September, 1970. “As ‘you may recall, in our meeting Aug. 25 I stated that General Motors does not at this time know how to get production vehicles down to the emission levels that your bill would require for 1975 models, ” he continued. “Accomplishment of these goals, as far as we now know, simply is not technologically possible within the time frame required.”

Technically, Cole was right, in that it took a few years longer to reach the EPA’s mandate, But it was far from impossible. GM cars eventually met the emission standards of the 1970 Clean Air Act a couple of years later.

When the new federal standards were being proposed, according to a 1973 research paper by Congressional Quarterly, “The Society of Automotive Engineers predicted that,” — at a time when the average car cost less than $5,000 — “catalytic converters could add $860 to the price and operating costs of 1976 models, compared with 1970 models.” But a 2004 study done for the Air Resources Board by Institute of Transportation Studies University of California, Davis found that eight cost analyses showed that, at most, the per-car price increase was half that amount. Like Cole’s prediction, the automotive engineers’ warning was significantly exaggerated.

In another echo, this year, in a Wall Street Journal opinion piece, Transportation Secretary Elaine L. Chao and Andrew Wheeler, acting administrator of the E.P.A., said that freezing the Obama-era federal rule, – which now meets the California standard – would mean lower prices, and they seek to “give consumers greater access to safer, more affordable vehicles, while continuing to protect the environment.”

In 1967, Detroit Sought Unsuccessfully to Bring California to Heel, and a “Waiver” Was Born


Democratic Rep. John Dingell of Michigan, right, with John F. Kennedy around 1961. Wikimedia Commons

The second part of the Trump administration proposal, stripping California of the ability to set tougher emission standards than the Federal government, also mimics what defenders of the auto industry sought to do in 1967. Then, as now, California leaders were fiercely protective of the scientific and regulatory advances. During a 1967 Senate debate, Sen. George Murphy, a California Republican, argued, “the extraordinary and compelling circumstances that have existed in California have prompted the state to move into uncharted areas” of research and regulation. He proposed a waiver, so California could go its own way.

This was anathema to carmakers, who worried that they would have to design vehicles to two different standards — California’s, and the rest of the country’s. Rep. John Dingell, the Michigan Democratic representative who was the carmakers’ man in Congress, proposed an amendment ensuring federal rules would preempt California’s. The Golden state’s congressional delegation fought back with bipartisan solidarity. The waiver was eliminated in a House committee, but overwhelmingly restored by the full house. Gov. Ronald Reagan cheered the “hard work and united front California has presented” in Congress. Now 12 other states align their emission control standards with California’s.

Tom Jorling, a Republican aide to the Senate subcommittee on air and water quality, said that Dingell “basically felt that the automotive industry, whatever they wanted to do, whatever their plans were for producing vehicles were the correct ones. The government had no standing dictating what kinds of vehicles they would produce.”


Bill Lane Center for the American West

State officials remain as resolute about the need for regulatory independence as they were in 1967, during the Air Quality Act debate on the original waiver, or 1970, during the debate over the CLean Air Act. After Monday’s Fresno hearing, Nichols said “We’ll continue to enforce our laws, even if the federal government rolls theirs back.” The standard California and the Obama Administration had agreed to requires cars, trucks and sport utility vehicles to average 36 miles per gallon by 2025. The Trump administration proposes to freeze the standards at the 2020 year model year, cutting about six miles per gallon from the original goal.

Experts believe the changes will not only allow release of far more carbon dioxide, but will likely mean a slow retrenchment in gains made over traditional pollutants, like ozone, a gas formed when sunlight cooks a mixture of volatile organic compounds, (from paint, varnishes, disinfectants and cleaning fluids) and the nitrogen oxides in car emissions. It is a respiratory irritant, is visible as smog — the same kind in the air right outside the Fresno hearing.

“There would be more emissions and a half billion barrels of oil burned that would not otherwise be burned through 2030,” said Stanley Young, a spokesman for California’s Air Resources Board. He added that that would be 5,600 additional tons of smog during the same period.

Public Opinion Again Backs Pollution Efforts

Another echo of the past is the strong reaction of everyday Californians. Back then, Los Angeles residents knew that breathing their air was the equivalent of smoking seven cigarettes a day. As many as 6,000 people joined one demonstration against smog in 1954; a few years later a group called Stamp Out Smog clamored for relief.

A half century later, it is wildfire smoke that is bedeviling California communities. A poll this month by the Public Policy Information Center showed 65 percent of state residents favor the state acting on its own to combat global warming. Two-thirds say that the impact of climate change is already being felt.  And smog remains an issue — dozens of people turned out to testify in Fresno Monday, several with respiratory ailments.

As science in the 1950s showed that motor vehicle emissions cause smog or ground-level ozone, the science of subsequent decades shows the carbon dioxide emitted by motor vehicles causes climate change. These gases are the target of the fuel-efficiency regulations the federal government set in 2012, covering model years through 2025 — the ambitious rules now being scaled back.

In 1967 and 1970, California won in Washington, and when it went to court, it was to defend — successfully — the regulatory requirements it had pioneered. Now, unless there is an agreement with the federal agencies, the state has promised it will be back in court, this time as the plaintiff.

That’s the battle the state has promised if the federal government tries to strip it of independent regulatory authority.

As Nichols, who chairs the Air Resources Board, said in a speech last spring, ”Some issues never seem to die.”

 

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Paul McPherson

Responding to Been There, Done That. California’s Vehicle Emissions Fight Continues a 50-Year Struggle

The solution isn't in reducing the number of cars, as pretty much everyone needs them. Unless a large scale, efficient, cheap and clean public transportation network appears out of thin air, there's no reducing the number of personal vehicles. The idea could be to have clean energy replace the usual combustion engine in these cars; the automotive market's going to undergo a large scale transformation with the generalisation of self driving cars anyways (some other economical sectors, such as real estate, even calculate how it will change their activity and consumer behavior: https://tranio.com/articles/how-self-driving-cars-will-change-the-proper... ) so, since people are going to buy a new type of car anyways, why couldn't it be self driving AND clean?

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Compiled by Felicity Barringer, Maya Burke, Kate Selig, Francisco L. Nodarse, Devon Burger, and Madison Pobis

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Articles Worth Reading: September 23, 2020

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Articles Worth Reading: September 15, 2020

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Articles Worth Reading: August 31, 2020

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Colorado’s Governor Is Focused on Promoting San Luis Valley Farmers’ New Approach to dealing with the increasing aridity of an area that is the epicenter of the state’s drought. Quinoa and hemp replace barley and tomatoes, and farmers form local districts to control groundwater use. Denver Post

California Sues to Block New Federal Rules Allowing Farmers Access to So Much Water from the state’s largest river systems that extinction for the delta smelt and two different salmon species could be inevitable. Two huge networks of dams and canals — whose construction led directly to the dwindling of fish populations — control water distribution to farms that supply one-third of the country’s vegetables and half of its nuts and fruit; scientists have been pressured to speed up their evaluations of the threat. KQED

Three Texas Cities Are Models of Efficient and Innovative Water Use. Austin adopted a 100-year water plan in 2018 calling for such advanced conservation and recycling programs that the city anticipates supplying a healthy share of its future water demand by reengineering its water system as a water collection and recycling loop. El Paso cut its per-capita water consumption from 205 gallons daily 30 years ago to 129 gallons today. Some of its conservation practices: subsidizing the replacement of water-wasting bathroom fixtures and regulating lawn watering. San Antonio subsidizes the distribution of digital water-flow sensors and encourages the use of native plants to replace the thirstier show species in local gardens. Circle of Blue

“Keep Immigrant Bees Out.” Environmentalists Want Honey Bees Barred from public lands in Utah. Beekeepers’ honey-bee hives sometimes travel to pollinate crops elsewhere — particularly California’s almond crop — before returning to Utah’s national forests to forage in areas free of pesticides. But honeybees are non-native. Environmentalists are petitioning to ban them from these areas, saying they may spread disease and put unnecessary pressure on native bees. Salt Lake Tribune

Shifting the Balance of Power Between Preserving Birds and Developing Energy. A 1.5-million-acre oil-and-gas development proposed in Wyoming is in the middle of a superhighway for migrating birds, and a court’s insistence on retaining federal penalties for accidental bird deaths from power lines and wind turbines. A potential go-ahead from the Interior Department could be coming soon on the project after six years of federal environmental reviews. The decision, which quoted the Harper Lee novel, saying “it’s a sin to kill a Mockingbird,” could dictate how companies operate in Wyoming for the next decade and what happens when they kill birds. E&E Daily

A Trout With Feathers: Looking At the West’s Only Aquatic Songbird. A photo essay on dippers, small gray birds that bob up and down on rocks, dive into streams, and resurface with insects in their beaks. Audubon Magazine

Articles Worth Reading: August 17, 2020

Final Approval to Drill Arctic Wildlife Refuge clears the way for an auction for oil and gas drilling rights on the 1/6 million-acre plain. Four decades of fights over the refuge have paralleled four decades of science showing the burning of fossil fuels is heating the air and the oceans and changing the climate. These changes may make it difficult to sustain the infrastructure needed for drilling. Elsewhere in Alaska, ConocoPhillips is using “chillers” to keep the warming climate from thawing the tundra under its Willow oil drilling platform on the North Slope. Washington Post Bloomberg News

California Heat Sets Records, Creates Rolling Blackouts As Fires Spawn Firenados. The combination of intense heat, dry vegetation and lightning storms has the state struggling on several fronts. The unusual and extreme phenomenon of a fire-generated tornado occurred on August 15 in the Lake Tahoe area as a new fire quickly spun out of control. A few days earlier, the Lake Fire outside Los Angeles spawned its own firenado. Rolling blackouts hit the state while in Death Valley, the temperature hit a record 130 degrees. Los Angeles Times National Public Radio Desert Sun

Arizona’s Drought Intensified as Seasonal Monsoons Again Turn Into “Nonsoons.” With temperatures in Phoenix exceeding 110 degrees for days on end and the three-month period ending in June was the second hottest and third driest in 125 years. Populous Maricopa County, including Phoenix and Scottsdale, is in a severe drought. The impact on the water levels at Lake Mead, which is now at 40 percent of capacity, will mean that Arizona, Nevada and Mexico will receive less water from the Colorado River. Arizona Water News Arizona Republic

Some Oregon Forest Land Would Be Lost as Spotted Owl Habitat if a federal Fish and Wildlife Service proposal becomes final. The proposal would take 204,653 acres, or 2 percent of the total of 9.6 Million Acres, from the area of ancient forests designated as critical habitat and set aside as habitat for the endangered owl. Oregon Public Broadcasting

With Ice Disappearing, Pacific Walruses Are Moving Sooner and Sooner to Beaches of Alaska’s Chukchi Sea. They just gathered at Point Lay at the end of July, earlier than ever before. The walruses had evolved to use floating ice as platforms for foraging and rearing their young. But for the past 13 years, after the first year of a record-low extent of sea ice, they have been moving to the Point Lay site by the tens of thousands every summer. Arctic Today

A Colorado Lab Works to Prepare the National Electric Grid for a Renewable Future. A scientist used this metaphor to describe the challenge of retrofitting the three power grids to let them handle the upcoming changes: It's like updating a reliable 1957 Chevrolet for the complex technologies and climate-related hazards of the 21st century. What was recently unveiled at the National Renewable Energy Laboratory in Golden, Colorado is a proving ground for the high-tech creations and will test the impacts of battery- and hydrogen-powered energy storage systems and large increases of renewable energy. Scientific American

Graphics & the West

Where California Grows Its Food

See the most detailed survey ever done of crops and land use in California. It covers nine million acres of land devoted to grapes, alfalfa, cotton, plums, you name it – food for people and animals all over the world. View map »

California's Changing Energy Mix

A look at the energy sources California utilities have used gives us insights into the state’s progress in decarbonizing its electricity supply. In 2015, 35% of total electricity generation (in-state generation plus imported electricity) came from zero-greenhouse-gas sources, which include solar, wind, hydropower, and nuclear. View Graphic »

U.S. Conservation Easements

Conservation easements of various kinds cover more than 22 million acres of land in the United States, according to the National Conservation Easement Database, a public-private partnership. Take a look at our interactive map of nearly every conservation easement, with details on over 130,000 sites. View map »

 

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