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    Congressional Research Service
^Inforrning  the legislative debate since 1914


0


                                                                                        Updated March  22, 2021

Vehicle Fuel Economy and Greenhouse Gas Standards


On January 20, 2021, President Biden issued Executive
Order 13990, Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate
Crisis, which directs federal agencies to review regulations
and other agency actions from the Trump Administration,
including the federal standards that regulate fuel economy
and greenhouse gas (GHG) emissions from new passenger
cars and light trucks. These standards include the Corporate
Average Fuel Economy  (CAFE) standards promulgated by
the National Highway Traffic Safety Administration
(NHTSA)   and the Light-Duty Vehicle GHG Emission
Standards promulgated by the U.S. Environmental
Protection Agency (EPA). NHTSA  and EPA have not
released a proposal for a new set of standards at this time.

CAFE Standards
The origin of federal fuel economy standards dates to the
mid-1970s. The oil embargo of 1973-1974 imposed by
Arab members  of the Organization of the Petroleum
Exporting Countries and the subsequent tripling in the price
of crude oil brought the fuel economy of U.S. automobiles
into sharp focus. In an effort to reduce dependence on
imported oil, the Energy Policy and Conservation Act
(EPCA;  P.L. 94-163) established CAFE standards for
passenger cars beginning in model year (MY) 1978 and for
light trucks beginning in MY 1979. The standards required
each auto manufacturer to meet a target for the sales-
weighted fuel economy of its entire fleet of vehicles sold in
the United States in each model year. Under EPCA, CAFE
standards and new vehicle fuel economy rose steadily
through the late 1970s and early 1980s. After 1985,
Congress did not revise the legislated standard for
passenger cars for several decades, and it remained at 27.5
miles per gallon (mpg) until 2011. The light truck standard
was increased to 20.7 mpg in 1996, where it remained until
2005. NHTSA   promulgated two sets of standards in the
mid-2000s for MYs 2005-2007  and MYs 2008-2011,
increasing the light truck standard to 24.0 mpg. In 2007,
Congress enacted the Energy Independence and Security
Act (P.L. 110-140), mandating a phase-in of higher CAFE
standards reaching 35 mpg by 2020. This was the last
legislation to set fuel economy goals.

GHG Standards
In the April 2007 decision Massachusetts v. EPA, the
Supreme  Court held that EPA has the authority to regulate
GHGs  from new motor vehicles as air pollutants under
the Clean Air Act (CAA). In the 5-4 decision, the Court's
majority concluded that EPA must decide whether GHG
emissions from new motor vehicles contribute to air
pollution that may reasonably be anticipated to endanger
public health or welfare or provide a reasonable explanation
why it cannot or will not make that decision. On December
15, 2009, EPA promulgated findings that GHGs endanger


both public health and welfare and that GHG emissions
from new motor vehicles contribute to that endangerment.

The   National Program
In 2010, the Obama Administration brokered an agreement
between 13 auto manufacturers, the State of California, the
United Auto Workers union, and other interested parties to
develop and implement vehicle GHG emission standards.
Because carbon dioxide (CO2) from vehicle fuel
combustion is a major source of GHG emissions, EPA
aligned its standards with NHTSA's CAFE program.

EPCA   and the CAA generally preempt states from adopting
their own fuel economy and emission standards for new
motor vehicles. However, CAA Section 209(b) allows the
State of California to request a preemption waiver for its
motor vehicle emission standards provided that they are at
least as stringent as federal standards and, among other
things, are necessary to meet compelling and extraordinary
conditions. In 2009, EPA granted California a waiver for
its GHG standards, and EPA and NHTSA  aligned the
federal GHG and fuel economy standards with those
developed by California. The agencies referred to the joint
standards as the National Program. The agencies finalized
joint rulemakings for MY 2012-2016 light-duty motor
vehicles in 2010 (Phase 1) and for MYs 2017-2025 vehicles
in 2012 (Phase 2). Under Phase 2, the manufacturers agreed
to reduce GHG emissions from their MY 2025 fleet by
about 50% compared  to MY 2010.

The agencies' fuel economy and GHG standards apply to
the new fleet of passenger cars and light trucks-including
most sport utility vehicles, vans, and pickup trucks-sold
by a manufacturer within the United States during a given
model year. In both the Phase 1 and Phase 2 standards, the
agencies used the concept of a vehicle's footprint to set
differing targets for different-sized vehicles. Generally, the
larger the vehicle footprint, the lower the corresponding
vehicle fuel economy target and the higher the C02-
equivalent emissions target. These attribute-based
standards allow auto manufacturers to produce a full range
of vehicle sizes. This concept differs from the original
CAFE   standards, which grouped domestic passenger cars,
imported passenger cars, and light trucks into three broad
categories. The attribute-based standards enable
manufacturers to produce a full range of vehicle sizes rather
than designing a lighter and smaller vehicle fleet overall to
meet the categorical targets.

Under the regulations, manufacturers must report the
characteristics of the vehicles they sell in each model year.
This information allows EPA and NHTSA  to calculate each
manufacturer's CAFE and GHG   targets under the standards
given the specific pattern of sales. The agencies compare
the calculated targets against the vehicles' fuel economy


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