Florida Department of Environmental Protection Joins California Emissions Lawsuit

TALLAHASSEE – Florida Department of Environmental Protection (DEP) Secretary Michael W. Sole announced that last week the Department joined the lawsuit filed earlier this month by California seeking to overturn the U.S. Environmental Protection Agency’s (EPA) waiver denial. EPA recently denied California’s request for a waiver from federal rules in order to enforce state regulations to limit greenhouse gas emissions from cars.

“Florida is making great strides in our efforts to reduce greenhouse gas emissions, taking a leadership role in the growing worldwide movement to reduce the impacts of climate change,” said DEP Secretary Sole. “We have recognized that automobiles are one of the major sources of greenhouse gas emissions in Florida, an issue that must be addressed to meet the emission reductions identified by Governor Crist.”

Under the federal Clean Air Act, California has the right to establish vehicle emission standards that are stricter than federal regulations, upon approval of a waiver from EPA. Other states may adopt the California standards if the waiver is granted. On December 21, 2005, California requested a waiver to enact and enforce emissions standards to reduce greenhouse gas emissions from automobiles. On December 19, 2007, EPA denied California’s waiver request. On January 2, 2008, California filed a lawsuit appealing the waiver denial in the Ninth Circuit Court of Appeals. With Florida’s filing, more than 17 states have intervened in support of California’s lawsuit, including: New York, Maryland, Minnesota, Iowa, Massachusetts, Arizona, Connecticut, Delaware, Illinois, Maine, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington and the Pennsylvania Department of Environmental Protection.

In Florida, the transportation sector represents about 46 percent of the state’s total carbon dioxide emissions according to DEP’s data. Passenger vehicles alone generate 64 percent of carbon dioxide emissions in the transportation sector or 81 million metric tons. Based on current projections, by DEP, Florida’s total carbon dioxide equivalent will top 420 million metric tons by 2020 – approximately double the amount from 1990.

More than 16 states, including Florida, have adopted, or are in the process of adopting, California’s automobile emissions standards. At his event, “Serve to Preserve: A Florida Summit on Global Climate Change” held last July in Miami, Governor Crist directed DEP to initiate rule-making to adopt the California motor vehicle emission standards. Since that time, DEP has held two rule-making workshops and accepted public comment to help draft rule language. While the waiver issue is currently in litigation, the rule-making process will continue to move forward, with the third workshop planned for March 2008.

The Florida DEP can and will continue its rule-making process for the items mandated by Governor’s Executive Order 127, including capping utility emissions and diesel engine idle reduction standards, which do not require the EPA waiver and implementation. However, Florida would be unable to adopt a greenhouse gas standard for tailpipe emissions if the denial is upheld.

On July 13, 2007, Governor Charlie Crist signed a set of executive orders to reduce Florida’s greenhouse gases emissions, increase energy efficiency, and remove market barriers for renewable energy technologies such as solar and wind energy. In the months since the executive orders were signed, Florida has stepped onto the world stage as a major marketplace for advanced energy technologies.

On January 31, 2008, Governor Crist announced his $200 million energy and economic development budget recommendation that builds on the policy framework of the Governor’s executive orders, focusing on increasing energy efficiency, stimulating development of renewable sources of energy, and using markets to reduce greenhouse gas emissions.

Florida Department of Environmental Protection Joins California Emissions Lawsuit
Frequently Asked Questions
February 1, 2008

1. Why is the Florida Department of Environmental Protection filing a motion to intervene rather than the State of Florida?
DEP decided to file the motion to intervene based on the need to retain state’s rights to protect Florida’s air quality to include reductions in greenhouse gas emissions.

2. Why did DEP decide to file the motion on February 1, 2008?
According to federal rules, a party has 30 days to file a motion to intervene once the initial petition is filed; February 1 was the deadline for that 30-day window. DEP also waited to see if the EPA was releasing its technical justification for the denial, as noted in EPA Administrator Johnson’s denial letter prior to filing. EPA has not released this information prior to the deadline established to file.

3. What is the timetable for hearing the motion?
Currently, we do not have any knowledge of an expected date to hear the motion.

4. What happens to Florida’s current rule-making process if EPA’s denial is upheld?
DEP can and will continue its rule-making process for the items mandated by Governor’s Executive Order 127, including capping utility emissions and diesel engine idle reduction standards, which do not require the EPA waiver and implementation. However, the state would be unable to adopt a greenhouse gas standard for tailpipe emissions if the denial is upheld.