Whatever Happened to Give and Take? : EPA’s heavy-handed tactics in disagreement on smog testing are riling California officials

The Clinton Administration shouldn’t be surprised by California’s new Smog Check program, which defies a recent move by the U.S. Environmental Protection Agency to impose harsh federal sanctions on the state. That’s because the federal agency, despite the obvious need for tougher vehicle emissions testing standards, couldn’t decide whether to dictate to California or negotiate.

The Legislature, obviously fed up with the EPA’s ambivalent and seemingly confused approach, last Thursday approved a bill that beefs up the current emissions testing system but stops far short of the Draconian overhaul demanded by the EPA.

Federal and state officials have been at odds since last summer, when the agency at first demanded that California abandon its decentralized Smog Check and repair network of about 8,000 neighborhood test stations in favor of more centralized test-only facilities. The EPA plan called for only 200 statewide testing sites--far fewer than necessary.

Next, the EPA tried a more flexible approach. The agency appeared willing to consider proposals to keep and upgrade about 30% of the current test/repair stations and allow use of less costly emission-testing devices.

Then, two weeks ago, after state and federal officials appeared to be on the verge of a compromise, the EPA inexplicably withdrew from negotiations and announced it would withhold about $800 million in federal highway funds from California. The timing of this move, preceding by just days the devastating Northridge earthquake, now appears particularly unfair and ill-advised. The quake caused severe damage to several key freeways; we need these federal highway funds now more than ever--especially since state officials have bargained in good faith with the EPA. Why treat state officials as villains? They’re at least as concerned about cleaning up our smoggy air as anyone in Washington. By negotiating a plan better tailored to California, the EPA can encourage compliance instead of contempt. But that can’t happen until Washington comes back to the table.