An email from a top deputy in the EPA's Transportation and Air Quality Division is in the hands of Congress today.  The email, dated October 17, 2007, warned EPA cheif Stephen Johnson that both he and the EPA would lose credibility if he rejected California's request to implement air quality standards that exceed those set by the EPA.

Previous documents revealed that Johnson overruled the unanimous opinion of his legal and technical staff, who supported California's right to improve their emissions standards.  Despite the dissent, Johnson denied the state's request in December.

The email from Christopher Grundler, the deputy director of the EPA's Transportation and Air Quality division and chief executive of the agency's National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan, told Johnson that "From what I have read and the people I have talked to, it is obvious to me that there is no legal or technical justification for denying this," he wrote. "The law is very specific about what you are allowed to consider, and even if you adopt the alternative interpretations that have been suggested by the automakers, you still wind up in the same place."

Grundler went on to plead with Johnson to reconsider his position and let California improve its air quality.  "The eyes of the world are on you and the marvelous institution you and I have had the privilege of leading.  Clearly the stakes are huge, especially with respect to future climate work."

Grundler then told Johnson that the decision he was about to make was "likely to be among the two biggest decisions you get to make in the job. "You have to find a way to get this done," he wrote. "If you cannot, you will face a pretty big personal decision about whether you are able to stay in the job under those circumstances. This is a choice only you can make, but I ask you to think about the history and the future of the agency in making it. If you are asked to deny this waiver, I fear the credibility of the agency that we both love will be irreparably damaged."

California Democratic Sen. Barbara Boxer, who released the memo Tuesday, said it was a sign that the EPA "is an agency in crisis" and
is now attempting to get the EPA to release any e-mails or other documents showing weather the White House, the Vice President's office or any other officials put pressure on Johnson to reject California's request.

Interestingly, all leading Presidential candidates back California's right to set tougher emissions rules.


 

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