WASHINGTON — In a move that is likely to be challenged by the incoming Trump administration, the U.S. Environmental Protection Agency granted two waivers to California enabling it to implement and enforce emissions regulations that are stricter than the federal government’s. 

What You Need To Know

  • The U.S. Environmental Protection Agency granted two waivers to California enabling it to implement and enforce emissions regulations that are stricter than the federal government’s

  • The waivers to lower emissions apply to passenger vehicles as well as heavy-duty highway and off-road vehicles

  • California has been granted EPA waivers more than 100 times since 1967 under a provision in the federal Clean Air Act that allows it to set standards to protect public health

  • The American Fuel and Petrochemical Manufacturers association called the waivers "unlawful"

The waivers to lower emissions apply to passenger vehicles as well as heavy-duty highway and off-road vehicles.

In a statement Wednesday, the EPA said it reviewed the information California provided in its request and public comments and determined the state is within its right to adopt its own emissions requirements to meet its air quality challenges. 

California has been granted EPA waivers more than 100 times since 1967 under a provision in the federal Clean Air Act that allows it to set standards to protect public health.

The Golden State has the most polluted air in the United States, according to the American Lung Assoication. Seven of the 10 most ozone-polluted cities in the country are in California.

“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.”

California’s Advanced Clear Cars II Regulations apply to vehicles for the model years 2026 through 2035. The state plans to phase out sales of new gas-powered passenger vehicles by 2035. More than a dozen states follow California’s lower emissions standards.

“Contrary to claims on the campaign trail that they would never tell Americans what kinds of cars we have to drive, the Biden-Harris EPA just did exactly that by greenlighting California’s ban on sales of all new gas and traditional hybrid vehicles,” Chet Thompson, president of the American Fuel and Petrochemical Manufacturers trade association, said in a statement. “EPA’s authorization of the California ban and California’s ban itself are unlawful. These policies will harm consumers.”

The Supreme Court said last week it will consider an appeal filed by oil and gas companies objecting to a waiver the EPA granted to California in 2022. The court will look at whether the fuel producers have the legal standing to challenge the waiver.