Reconsideration of the Withdrawal of a Waiver for California’s Light-duty Vehicle ZEV and GHG Standards

Dear Mr. Dickinson: The Edison Electric Institute (EEI) appreciates the opportunity to comment on the U.S. Environmental Protection Agency's (EPA's) proposed rule California State Motor Vehicle Pollution Control Standards; Advanced Clean Car (ACC) Program; Reconsideration of a Previous Withdrawal of a Waiver of Preemption; Opportunity for Public Comment (Proposal or Proposed Rule). 86 Fed. Reg. 22,421 (Apr. 28, 2021). EPA is reconsidering its prior withdrawal action that withdrew California's previous waiver of preemption for the state of California's ACC program in order to rescind that withdrawal action. As a result, EPA notes that California's Zero Emission Vehicles (ZEV) program and the Greenhouse Gas (GHG) emission standards within the ACC program waiver would come into effect as EPA rescinds the prior action. EPA's waiver reconsideration here is in conjunction with The National Highway Traffic Safety Administration's (NHTSA) proposal to repeal in their entirety the regulatory changes codified in the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program (SAFE I) rule. 84 Fed. Reg. 51,310 (Sept. 27, 2019). NHTSA also proposed to repeal and withdraw any additional interpretive statements regarding preemption and NHTSA's authority under the Energy Policy and Conservation Act (EPCA) included in the preamble to SAFE I. EEI is the association that represents all U.S. investor-owned electric companies. Our members provide electricity for 220 million Americans and operate in all 50 states and the District of Columbia. As a whole, the electric power industry supports more than seven million jobs in communities across the United States. EEI member companies invest more than $120 billion annually to make the energy grid smarter, cleaner, more dynamic, more flexible, and more secure in order to provide affordable and reliable electricity to customers. EEI's members are committed to getting the energy they provide as clean as they can as fast as they can, keeping affordability and reliability front and center. Across the nation, EEI's member companies are leading a clean energy transformation, making significant progress to reduce emissions in our sector, while also creating good-paying jobs and an equitable clean energy future. The power sector also will play a key role in reducing emissions economywide through electrification, which will decrease emissions from other sectors—particularly transportation and buildings. NHTSA's proposed repeal—given the host of legal issues with its prior broad preemption interpretation—is correct and NHTSA should finalize its proposed approach. EPA is likewise correct that, as NHTSA's interpretation falls it must also revoke its waiver withdrawal, allowing the ACC program to be utilized by the states. EPA should promptly restore California's CAA waiver, and the Agency should finalize the Proposed Rule. Sincerely, /s/ Alex Bond Deputy General Counsel, Climate & Clean Energy Edison Electric Institute