II 

116TH CONGRESS 

1ST SESSION S. 1022 

To clarify the effect of certain final rules and determinations of the Environmental Protection Agency relating to greenhouse gas emissions standards 

for light-duty vehicles. 

IN THE SENATE OF THE UNITED STATES 

APRIL 3, 2019 

Mr. MARKEY (for himself, Mrs. FEINSTEIN, Ms. HARRIS, Ms. WARREN, Mr. 

BLUMENTHAL, Mr. VAN HOLLEN, Mr. BOOKER, Mr. MENENDEZ, Mrs. 

GILLIBRAND, Mr. MERKLEY, Mr. WYDEN, Mr. WHITEHOUSE, Mr. REED, 

Mr. SANDERS, Mr. LEAHY, Mr. BENNET, Ms. SMITH, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To clarify the effect of certain final rules and determinations 

of the Environmental Protection Agency relating to 

greenhouse gas emissions standards for light-duty vehicles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Greener Air Standards 

5 Mean Our National Security, Environment, and Youth 

6 Saved Act’’ or the ‘‘GAS MONEY Saved Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 1022 IS

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) in 2009, the National Highway Traffic 

4 Safety Administration of the Department of Trans5 portation and the Environmental Protection Agency 

6 reached an historic agreement with State regulators, 

7 automakers, the International Union, United Auto8 mobile, Aerospace, and Agricultural Implement 

9 Workers of America, and leaders in the environ10 mental community to establish a program of Federal 

11 standards, known as ‘‘One National Program’’, to 

12 reduce greenhouse gas emissions and increase cor13 porate average fuel economy for light-duty vehicles, 

14 in cooperation and alignment with the California Air 

15 Resources Board; 

16 (2) in 2012, as part of One National Pro17 gram— 

18 (A) the Environmental Protection Agency 

19 established final greenhouse gas emissions 

20 standards for vehicles of model years 2017 

21 through 2025; and 

22 (B) the National Highway Traffic Safety 

23 Administration established final— 

24 (i) corporate average fuel economy 

25 standards for vehicles of model years 2017 

26 through 2021; and 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 1022 IS

1 (ii) augural standards for vehicles of 

2 model years 2022 through 2025; 

3 (3)(A) the standards described in paragraph (2) 

4 are based on the specific footprint of vehicles for the 

5 purposes of— 

6 (i) providing automotive manufacturers 

7 flexibility; and 

8 (ii) ensuring that consumers have a choice 

9 of a full range of vehicle sizes to meet their 

10 needs; and 

11 (B) under that footprint-based system, small 

12 vehicles are required to meet more stringent stand13 ards than large vehicles; 

14 (4) the Environmental Protection Agency, to15 gether with the National Highway Traffic Safety 

16 Administration and the California Air Resources 

17 Board, jointly published a robust research and anal18 ysis document, known as the ‘‘Technical Assessment 

19 Report’’, that clearly demonstrated that the existing 

20 standards are technically feasible and cost-effective; 

21 (5) in January 2017, the Environmental Pro22 tection Agency issued a final determination to main23 tain the existing greenhouse gas emissions standards 

24 for vehicles of model years 2022 through 2025, as 

25 prescribed by the final rule described in paragraph 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 1022 IS

1 (2)(A), noting that the standards could have been 

2 strengthened but were not, in order to ensure cer3 tainty for the automobile manufacturers; 

4 (6) on April 13, 2018, the Environmental Pro5 tection Agency issued a new final determination en6 titled ‘‘Mid-Term Evaluation of Greenhouse Gas 

7 Emissions Standards for Model Year 2022–2025 

8 Light-Duty Vehicles’’ (83 Fed. Reg. 16077), 

9 which— 

10 (A) rejected an extensive technical record 

11 that— 

12 (i) includes more than 2,000 pages; 

13 and 

14 (ii) was created through— 

15 (I) a research period of 8 years; 

16 (II) a review of several hundred 

17 published reports; 

18 (III) hundreds of stakeholder 

19 meetings; and 

20 (IV) multiple opportunities for 

21 public comment; 

22 (B) failed— 

23 (i) to take into consideration extensive 

24 peer-reviewed publications, including from 

25 the technical staff of the Environmental 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 1022 IS

1 Protection Agency, demonstrating the abil2 ity of automobile manufacturers to meet 

3 the standards described in paragraph (2) 

4 through model year 2025; and 

5 (ii) to provide evidence to refute the 

6 findings contained in the final determina7 tion of the Environmental Protection 

8 Agency entitled ‘‘Final Determination on 

9 the Appropriateness of the Model Year 

10 2022–2025 Light-Duty Vehicle Greenhouse 

11 Gas Emissions Standards under the Mid12 term Evaluation’’ and dated January 12, 

13 2017, that— 

14 (I) automobile manufacturers are 

15 well-positioned, and have a wide range 

16 of technology pathways available, to 

17 meet the standards described in para18 graph (2) at lower cost than pre19 viously estimated; and 

20 (II) although the technical record 

21 indicated that those standards could 

22 be made more stringent, maintaining 

23 the standards would provide regu24 latory certainty for the automobile in25 dustry; and 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 1022 IS

1 (C) was not based on a complete technical 

2 review of the evidence, but was an attack on the 

3 largest climate policy in effect on the date of 

4 the final determination; and 

5 (7) on August 24, 2018, the Environmental 

6 Protection Agency and the National Highway Traf7 fic Safety Administration issued a notice of proposed 

8 rulemaking entitled ‘‘The Safer Affordable Fuel-Ef9 ficient (SAFE) Vehicles Rule for Model Years 2021– 

10 2026 Passenger Cars and Light Trucks’’ (83 Fed. 

11 Reg. 42817) (referred to in this section as the ‘‘No12 tice’’), which included a preferred alternative that 

13 would— 

14 (A) freeze the light-duty fuel economy 

15 standards and greenhouse gas emissions stand16 ards at model year 2020 levels, with no year17 over-year improvement through model year 

18 2026; 

19 (B) result in no improvement in vehicle 

20 greenhouse gas emissions standards during the 

21 period of 2018 through 2026, when considered 

22 together with an additional proposal to elimi23 nate hydrofluorocarbon compliance credits; 

24 (C) result in— 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 1022 IS

1 (i) an estimated light-duty fleet fuel 

2 economy of approximately 37 miles per 

3 gallon; and 

4 (ii) a carbon dioxide emissions stand5 ard of approximately 240 grams per mile 

6 during calendar year 2026; and 

7 (D) as compared to existing standards— 

8 (i) increase domestic oil consumption 

9 by not less than 500,000 barrels of oil per 

10 day by the early 2030s, according to the 

11 Notice; 

12 (ii) produce an additional 

13 2,200,000,000 metric tons of global warm14 ing emissions by January 1, 2040; 

15 (iii) cost consumers $55,000,000,000 

16 in additional gasoline costs in calendar 

17 year 2040; and 

18 (iv) decrease the jobs in the auto19 motive industry by 60,000 during calendar 

20 year 2030, according to the Notice. 

21 SEC. 3. GREENHOUSE GAS EMISSIONS STANDARDS FOR 

22 LIGHT-DUTY VEHICLES. 

23 (a) IN GENERAL.—Notwithstanding the notice of the 

24 Environmental Protection Agency entitled ‘‘Mid-Term 

25 Evaluation of Greenhouse Gas Emissions Standards for 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 1022 IS

1 Model Year 2022–2025 Light-Duty Vehicles’’ (83 Fed. 

2 Reg. 16077 (April 13, 2018)) and the notice of proposed 

3 rulemaking of the Environmental Protection Agency and 

4 the National Highway Traffic Safety Administration enti5 tled ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehi6 cles Rule for Model Years 2021–2026 Passenger Cars and 

7 Light Trucks’’ (83 Fed. Reg. 42817 (August 24, 2018)), 

8 the following shall have the force and effect of law: 

9 (1) The final rule of the Environmental Protec10 tion Agency and the National Highway Traffic Safe11 ty Administration entitled ‘‘2017 and Later Model 

12 Year Light-Duty Vehicle Greenhouse Gas Emissions 

13 and Corporate Average Fuel Economy Standards’’ 

14 (77 Fed. Reg. 62624 (October 15, 2012)) (as in ef15 fect on April 1, 2018). 

16 (2) The final determination of the Environ17 mental Protection Agency entitled ‘‘Final Deter18 mination on the Appropriateness of the Model Year 

19 2022–2025 Light-Duty Vehicle Greenhouse Gas 

20 Emissions Standards under the Midterm Evalua21 tion’’ and dated January 12, 2017 (as in effect on 

22 April 1, 2018). 

23 (b) LIMITATION ON CERTAIN ACTIONS.—The Admin24 istrator of the Environmental Protection Agency may not 

25 issue any rule or take any action that would effectively 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•S 1022 IS

1 reduce the stringency of greenhouse gas emissions stand2 ards required to be attained by each fleet of light-duty 

3 vehicles manufactured for sale in the United States 

4 through calendar year 2025 pursuant to the regulation de5 scribed in subsection (a)(1), as affirmed by the final deter6 mination described in subsection (a)(2). 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS