California Construction Trucking Association (CCTA)

Emily Yehle, E&E reporter

Published: Wednesday, October 19, 2011

House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) sent U.S. EPA Assistant Administrator Gina McCarthy a letter yesterday, accusing her of misleading the committee when she told lawmakers that greenhouse gas emissions were different than fuel economy standards.

In the letter, Issa points to McCarthy's comments at a oversight hearing last week on the process that led to the administration's proposal to raise fuel economy standards for light duty vehicles to an average of 54.5 mpg by 2025 (E&E Daily, Oct. 13).

Republicans on the regulatory subpanel questioned McCarthy and other government officials on whether EPA violated a provision in the Energy Policy and Conservation Act by granting California a waiver to regulate greenhouse gas emissions for vehicles. The act stipulates that a state "may not adopt or enforce a law or regulation related to fuel economy standards."

McCarthy made a distinction: EPA and California are regulating greenhouse gas standards, she said, while the National Highway Traffic Safety Administration maintains the authority to set average corporate fuel economy (CAFE) standards.

"They are closely aligned but they are different," McCarthy said.

EPA Transportation and Air Quality Director Marge Oge agreed, as did NHTSA Administrator David Strickland. Issa also sent them identical letters yesterday.

In those letters, Issa points to Obama's comments when he announced the new average CAFE standards. At the time, Obama referred to a standard of "almost 55 miles per gallon." That, Issa contends, refers to EPA's greenhouse gas standards, rather than NHTSA's target of 49.5 mpg.

"The core of the Committee's inquiry focuses on the process by which the Administration developed the [model year] 2017-2025 fuel economy standards," Issa wrote. "By obstinately insisting that greenhouse gas regulation and fuel economy regulation are separate and unrelated endeavors, you not only contradict President Obama's understanding of the issue and defy common sense, but you impede the Committee's important oversight work."

At last week's hearing, subcommittee Chairman Jim Jordan (R-Ohio) and Rep. Ann Marie Buerkle (R-N.Y.) asserted that California's inclusion in negotiations over the standards led to a more convoluted process. A GOP-invited witness, Jeremy Anwyl of Edmunds.com, also told lawmakers that car companies felt like they had a "gun to their head" because of the looming threat of the California waiver.

"I ask that you fully explain your statements to the Subcommittee and explain why your characterization of fuel economy and greenhouse gas standards differs from that of President Obama," Issa wrote in the letter, giving McCarthy, Oge and Strickland a deadline of 5 p.m. on Nov. 1 to respond.

Spokesmen from EPA and NHTSA said the agencies would review the letter and "respond accordingly."

Issa's letter comes less than a week after the Owner-Operator Independent Drivers Association accused McCarthy of misrepresenting the group's involvement in the rulemaking process on fuel economy standards for heavy trucks (E&E Daily, Oct. 14).