Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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stringent, coordinated federal GHG emissions and fuel economy standards for model years 2017-2025 light -duty vehicles. The proposed standards are projected to achieve 163 grams/mile of CO2 in model year 2025, on an average industry fleet -wide basis, which is equivalent to 54.5 miles per gallon (mpg) if the standards were achieved solely through fuel efficiency. The final rule was adopted in 2012 for model years 2017-2021. In March 2020, NHTSA and USEPA adopted new less stringent standards covering model years 2021 through 2026. In addition to the regulations applicable to cars and light -duty trucks described above, in 2011 the USEPA and the NHTSA announced fuel economy and GHG standards for medium- and heavy-duty trucks for model years 2014-2018. The standards for CO2 emissions and fuel consumption are tailored to three main vehicle categories: combination tractors, heavy-duty pickup trucks and vans, and vocational vehicles. According to the USEPA, this regulatory program would reduce GHG emissions and fuel consumption for the affected vehicles by 6 to 23 percent over the 2010 baselines.24 Building on the success of the first phase of standards, in August 2016, the USEPA and the NHTSA finalized Phase 2 standards for medium and heavy-duty vehicles through model year 2027 that will improve fuel efficiency and cut carbon pollution. The Phase 2 standards were to lower CO2 emissions by approximately 1.1 billion metric tons and save vehicle owners fuel costs of about $170 billion.25 On August 10, 2021, NHTA proposed new CAFE standards for 2024-2026 that would increase the stringency of standards by 8 percent per year rather than the previous 1.5 percent. On September 19, 2019, the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) and USEPA issued a final action entitled the "One National Program Rules" to enable the federal government to provide nationwide uniform fuel economy and greenhouse gas (GHG) emission standards for automobile and light duty trucks. This action finalizes the Safe Affordable Fuel Efficient (SAFE) Vehicles Rule and clarifies that federal law preempts state and local tailpipe GHG emissions standards as well as zero emission vehicle (ZEV) mandates. The SAFE Vehicle Rule also withdraws the CAA waiver granted to the State of California that allowed the state to enforce its own Low Emission Vehicle program.26 On March 31, 2020, Part II of the SAFE Vehicles was issued and sets carbon dioxide emissions and CAFE standards for passenger vehicles and light duty trucks, covering model years 2021-2026.27 On December 21, 2021, NHTA repealed the SAFE I Rule. 24 The emission reductions attributable to the regulations for medium- and heavy-duty trucks were not included in the Project's emissions inventory due to the difficulty in quantifying the reductions. Excluding these reductions results in a more conservative (i.e., higher) estimate of emissions for the Project. 25 USEPA and NHTSA Adopt Standards to Reduce GHG and Improve Fuel Efficiency of Medium- and Heavy - Duty Vehicles for Model Year 2018 and Beyond, August 2016. 26 U.S. Department of Transportation and EPA. 2019. One National Program Rule on Federal Preemption of State Fuel Economy Standards, https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule- one-national-program-federal-preemption- state#:—:text=In%20this%20action%20NHTSA%20is,and%20local%20programs%20are%20preempted. 27 U.S. Department of Transportation. 2020. The Safer Affordable Fuel -Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks, https://www. nhtsa.gov/sites/nhtsa.dot.gov/files/documents/final—safe—preamble—web—version-200330.pdf. Cabrillo Town Center Project PAGE 9 City of Santa Ana GreenhouC VS ouncil Report 18 — 974 10/3/2023 July 2023