U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Catalyst for Improving the Environment
Office of Counsel Legal Review
EPA’s California Waiver
Decision on Greenhouse Gas
Automobile Emissions
Met Statutory Procedural
Requirements
Report No. 09-P-0056
December 9, 2008
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
INSPECTOR GENERAL
December 9, 2008
The Honorable Dianne Feinstein
Chairman
Subcommittee on Interior, Environment, and Related Agencies
Committee on Appropriations
United States Senate
Washington, D.C. 20510
Dear Madam Chairman:
This is in response to your January 2, 2008, letter requesting that the Office of
Inspector General (OIG) investigate whether the decision by the U.S. Environmental
Protection Agency (EPA) to deny California's request for a waiver to implement a law to
reduce greenhouse gas (GHG) emissions from automobiles deviated from standard
protocols. As I noted in my March 17, 2008, correspondence to you, we have narrowed
the focus of our review to address whether the statutory requirements related to the
waiver decision were met. I also noted that our anticipated response date would be
within a few months. That time frame was necessarily lengthened, however, to enable us
to coordinate our efforts with the Government Accountability Office (GAO), given that
GAO has been conducting a similar inquiry. The Inspector General Act requires that we
coordinate with GAO and avoid duplication of efforts. [See 5 U.S.C. app. 3, § 4(c).]
As discussed below, we determined that the statutory requirements were met.
I.
Background
Section 209(a) of the Clean Air Act (CAA) preempts States from implementing
their own emission control standards for new motor vehicles. According to 42 U.S.C.
§ 7543(a), “No State or any political subdivisions thereof shall adopt or attempt to
enforce any standard relating to the control of emissions from new motor ve