[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1022 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1022
To clarify the effect of certain final rules and determinations of the
Environmental Protection Agency relating to greenhouse gas emissions
standards for light-duty vehicles.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2019
Mr. Markey (for himself, Mrs. Feinstein, Ms. Harris, Ms. Warren, Mr.
Blumenthal, Mr. Van Hollen, Mr. Booker, Mr. Menendez, Mrs. Gillibrand,
Mr. Merkley, Mr. Wyden, Mr. Whitehouse, Mr. Reed, Mr. Sanders, Mr.
Leahy, Mr. Bennet, Ms. Smith, and Ms. Klobuchar) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To clarify the effect of certain final rules and determinations of the
Environmental Protection Agency relating to greenhouse gas emissions
standards for light-duty vehicles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greener Air Standards Mean Our
National Security, Environment, and Youth Saved Act'' or the ``GAS
MONEY Saved Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2009, the National Highway Traffic Safety
Administration of the Department of Transportation and the
Environmental Protection Agency reached an historic agreement
with State regulators, automakers, the International Union,
United Automobile, Aerospace, and Agricultural Implement
Workers of America, and leaders in the environmental community
to establish a program of Federal standards, known as ``One
National Program'', to reduce greenhouse gas emissions and
increase corporate average fuel economy for light-duty
vehicles, in cooperation and alignment with the California Air
Resources Board;
(2) in 2012, as part of One National Program--
(A) the Environmental Protection Agency established
final greenhouse gas emissions standards for vehicles
of model years 2017 through 2025; and
(B) the National Highway Traffic Safety
Administration established final--
(i) corporate average fuel economy
standards for vehicles of model years 2017
through 2021; and
(ii) augural standards for vehicles of
model years 2022 through 2025;
(3)(A) the standards described in paragraph (2) are based
on the specific footprint of vehicles for the purposes of--
(i) providing automotive manufacturers flexibility;
and
(ii) ensuring that consumers have a choice of a
full range of vehicle sizes to meet their needs; and
(B) under that footprint-based system, small vehicles are
required to meet more stringent standards than large vehicles;
(4) the Environmental Protection Agency, together with the
National Highway Traffic Safety Administration and the
California Air Resources Board, jointly published a robust
research and analysis document, known as the ``Technical
Assessment Report'', that clearly demonstrated that the
existing standards are technically feasible and cost-effective;
(5) in January 2017, the Environmental Protection Agency
issued a final determination to maintain the existing
greenhouse gas emissions standards for vehicles of model years
2022 through 2025, as prescribed by the final rule described in
paragraph (2)(A), noting that the standards could have been
strengthened but were not, in order to ensure certainty for the
automobile manufacturers;
(6) on April 13, 2018, the Environmental Protection Agency
issued a new final determination entitled ``Mid-Term Evaluation
of Greenhouse Gas Emissions Standards for Model Year 2022-2025
Light-Duty Vehicles'' (83 Fed. Reg. 16077), which--
(A) rejected an extensive technical record that--
(i) includes more than 2,000 pages; and
(ii) was created through--
(I) a research period of 8 years;
(II) a review of several hundred
published reports;
(III) hundreds of stakeholder
meetings; and
(IV) multiple opportunities for
public comment;
(B) failed--
(i) to take into consideration extensive
peer-reviewed publications, including from the
technical staff of the Environmental Protection
Agency, demonstrating the ability of automobile
manufacturers to meet the standards described
in paragraph (2) through model year 2025; and
(ii) to provide evidence to refute the
findings contained in the final determination
of the Environmental Protection Agency entitled
``Final Determination on the Appropriateness of
the Model Year 2022-2025 Light-Duty Vehicle
Greenhouse Gas Emissions Standards under the
Midterm Evaluation'' and dated January 12,
2017, that--
(I) automobile manufacturers are
well-positioned, and have a wide range
of technology pathways available, to
meet the standards described in
paragraph (2) at lower cost than
previously estimated; and
(II) although the technical record
indicated that those standards could be
made more stringent, maintaining the
standards would provide regulatory
certainty for the automobile industry;
and
(C) was not based on a complete technical review of
the evidence, but was an attack on the largest climate
policy in effect on the date of the final
determination; and
(7) on August 24, 2018, the Environmental Protection Agency
and the National Highway Traffic Safety Administration issued a
notice of proposed rulemaking entitled ``The Safer Affordable
Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026
Passenger Cars and Light Trucks'' (83 Fed. Reg. 42817)
(referred to in this section as the ``Notice''), which included
a preferred alternative that would--
(A) freeze the light-duty fuel economy standards
and greenhouse gas emissions standards at model year
2020 levels, with no year-over-year improvement through
model year 2026;
(B) result in no improvement in vehicle greenhouse
gas emissions standards during the period of 2018
through 2026, when considered together with an
additional proposal to eliminate hydrofluorocarbon
compliance credits;
(C) result in--
(i) an estimated light-duty fleet fuel
economy of approximately 37 miles per gallon;
and
(ii) a carbon dioxide emissions standard of
approximately 240 grams per mile during
calendar year 2026; and
(D) as compared to existing standards--
(i) increase domestic oil consumption by
not less than 500,000 barrels of oil per day by
the early 2030s, according to the Notice;
(ii) produce an additional 2,200,000,000
metric tons of global warming emissions by
January 1, 2040;
(iii) cost consumers $55,000,000,000 in
additional gasoline costs in calendar year
2040; and
(iv) decrease the jobs in the automotive
industry by 60,000 during calendar year 2030,
according to the Notice.
SEC. 3. GREENHOUSE GAS EMISSIONS STANDARDS FOR LIGHT-DUTY VEHICLES.
(a) In General.--Notwithstanding the notice of the Environmental
Protection Agency entitled ``Mid-Term Evaluation of Greenhouse Gas
Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles'' (83
Fed. Reg. 16077 (April 13, 2018)) and the notice of proposed rulemaking
of the Environmental Protection Agency and the National Highway Traffic
Safety Administration entitled ``The Safer Affordable Fuel-Efficient
(SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light
Trucks'' (83 Fed. Reg. 42817 (August 24, 2018)), the following shall
have the force and effect of law:
(1) The final rule of the Environmental Protection Agency
and the National Highway Traffic Safety Administration entitled
``2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas
Emissions and Corporate Average Fuel Economy Standards'' (77
Fed. Reg. 62624 (October 15, 2012)) (as in effect on April 1,
2018).
(2) The final determination of the Environmental Protection
Agency entitled ``Final Determination on the Appropriateness of
the Model Year 2022-2025 Light-Duty Vehicle Greenhouse Gas
Emissions Standards under the Midterm Evaluation'' and dated
January 12, 2017 (as in effect on April 1, 2018).
(b) Limitation on Certain Actions.--The Administrator of the
Environmental Protection Agency may not issue any rule or take any
action that would effectively reduce the stringency of greenhouse gas
emissions standards required to be attained by each fleet of light-duty
vehicles manufactured for sale in the United States through calendar
year 2025 pursuant to the regulation described in subsection (a)(1), as
affirmed by the final determination described in subsection (a)(2).
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