Federal CARB waiver rollback and CDPHE LEV

In 2009, and again in 2013, EPA granted a waiver of preemption to California for its “Advanced Clean Car” regulations, which allowed the state to set tighter greenhouse gas (GHG) standards and develop a Low Emission Vehicle (LEV) program and a Zero Emission Vehicles (ZEV) mandate. On August 2, 2018, the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) proposed the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks” (SAFE Vehicles Rule), which effectively freezes fuel economy standards at 2020 levels and rescinds California’s preemption waiver taking away the option for states to adopt California’s standards.

Under order by Governor Hickenlooper, the Colorado Air Pollution Control Division is continuing to move forward with proposing adoption by the Air Quality Control Commission (AQCC) of California’s LEV program by the end of the year.  A request for hearing will be made at the August 16, 2018 AQCC meeting, with a public hearing anticipated to be scheduled for November 15, 2018.  Additional information on the upcoming Colorado rulemaking is available on the AQCC website.