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Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards rule (2021)

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The Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards is a significant rule issued by the Environmental Protection Agency (EPA), effective August 30, 2022, that revises the greenhouse gas emissions standards under the Clean Air Act for light-duty vehicles.[1]

HIGHLIGHTS
  • Name: Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards
  • Code of Federal Regulations: 40 CFR 86, 40 CFR 600
  • Action: Final rule
  • Type of significant rule: Economically significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Section 202(a) of the Clean Air Act (CAA), requires the EPA to establish emissions standards for new vehicles. The previous standards for light-duty vehicles were established in The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks rule, effective June 29, 2020. President Joe Biden (D) issued Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” on January 20, 2021, directing the EPA to update the greenhouse gas (GHG) emissions standards.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Environmental Protection Agency (EPA) is revising the greenhouse gas (GHG) emissions standards under the Clean Air Act section 202(a) for light-duty vehicles for 2023 and later model years to make the standards more stringent. On January 20, 2021, President Biden issued Executive Order 13990 'Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis' directing EPA to consider whether to propose suspending, revising, or rescinding the standards previously revised under the “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks,” promulgated in April 2020. EPA is revising the GHG standards to be more stringent than the SAFE rule standards in each model year from 2023 through 2026. EPA is also including temporary targeted flexibilities to address the lead time of the final standards and to incentivize the production of vehicles with zero and near-zero emissions technology. In addition, EPA is making technical amendments to clarify and streamline our regulations.[2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “ In this final action, the Environmental Protection Agency (EPA) is establishing revised, more stringent national greenhouse gas (GHG) emissions standards for passenger cars and light trucks under section 202(a) of the Clean Air Act (CAA), 42 U.S.C. 7521(a). Section 202(a) requires EPA to establish standards for emissions of air pollutants from new motor vehicles which, in the Administrator's judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.


    This action finalizes the standards that EPA proposed in August 2021.[1]

    In response to Executive Order 13990 “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” [2] EPA conducted an extensive review of the existing regulations, which resulted in EPA proposing revised, more stringent standards. In the proposed rule, EPA sought public comment on a range of alternative standards, including alternatives that were less stringent (Alternative 1) and more stringent (Alternative 2) than the proposed standards as well as standards that were even more stringent (in the range of 5–10 grams CO2 per mile (g/mile)) for model year (MY) 2026. As discussed in Section I.A.2 of this preamble, based on public comments and EPA's final analyses, EPA is finalizing standards consistent with the standards we proposed for MYs 2023 and 2024, and more stringent than those we proposed for MYs 2025 and 2026. EPA's final standards for MYs 2025 and 2026 are the most stringent standards considered in the proposed rule and establish the most stringent GHG standards ever set for the light-duty vehicle sector. EPA is revising the light-duty vehicle GHG standards for MYs 2023 through 2026, which had been previously revised by the SAFE rule, in part by building on earlier EPA actions and supporting analyses that established or maintained stringent standards. For example, in 2012, EPA issued a final rule establishing light-duty vehicle GHG standards for MYs 2017–2025,[3] which were supported by analyses of compliance costs, lead time and other relevant factors.[4] That rule and its analyses also accounted for the development and availability of advanced GHG emission-reducing vehicle technologies, which demonstrated that the standards were appropriate under section 202(a) of the CAA.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards rule states that OMB deemed this rule economically significant under E.O. 12866:

    “ This action is an economically significant regulatory action that was submitted to OMB for review.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Federal Register, "Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards," December 30, 2021
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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