The Need for More Stringent Regulation of Biodiesel Fuel in California

Steven Goodman

Abstract

Bioidiesel is an alternative fuel made from sources other than petroleum that can be used in diesel engines. It is a rapidly growing part of the fuels consumed in both California and the United States, and this consumption will continue to increase over time. This increased consumption warrants a greater focus on this fuel and the consequences of its use. Scientific evidence has established that biodiesel is not the clean, “green” fuel that some have purported it to be. Studies have found that biodiesel fuel causes increased nitrogen oxide (NOx) emission levels, resulting in higher levels of ozone and particulate matter, both of which are problems in California. Because California regulations do not sufficiently address biodiesel NOx emissions, regulatory measures should be taken to prevent this fuel from degrading California’s air quality and aggravating the state’s nonattainment situation. The state of Texas had NOx emissions problems but was able reduce these emissions after receiving permission from the Environmental Protection Agency (EPA) to regulate biodiesel fuel more stringently than the federal standards. Since California has statutory authority in the Clean Air Act (CAA) exempting it from federal preemption to regulate motor vehicle fuels for emissions control, the state should be able to more stringently regulate biodiesel for NOx emissions without needing a State Implementation Plan (SIP) waiver from EPA. Even if California does not have such exemption authority, case law does not establish that California would be preempted from regulating biodiesel more stringently. If California is federally preempted from regulating biodiesel more stringently, the state can seek a SIP waiver. However, in that case political considerations must be taken into account, and it would be prudent for the state to seek such a waiver relatively soon, while political conditions are supportive of an EPA grant for such a waiver.