A Bush administration proposal mandating new vehicle fuel efficiency standards would also bar states, including Maine, from implementing their own emissions and mileage standards.

Maine is one of nine states that have adopted stringent anti-pollution vehicle guidelines pioneered in California. The guidelines mandate that vehicles sold in Maine meet the lower emissions standards and higher miles-per-gallon standards set by California.

Language within the Bush administration’s proposed standards appears to outlaw such state initiatives. It also puts Bush on a collision course with Maine’s U.S. Sen. Olympia Snowe, who this week called for closing a loophole in the proposal that sanctions lower mileage standards for huge SUVs and other heavyweight vehicles.

Snowe said this week that Bush plan to increase national fuel-efficiency averages for SUVs, minivans and pickups from 21 mpg this year to 23.3 mpg by 2007 doesn’t go far enough. Cars must meet a 27.5 mpg standard.

“This particular plan would have very little impact,” said Snowe. “Closing the SUV loophole is the single most effective action we could take to reduce our dependence on oil.”

The loophole excludes certain vehicles, such as large Hummer-like SUVs and full-size pickup trucks, from meeting more stringent fuel-efficiency requirements.

Steve Hinchman, a lawyer with the Conservation Law Foundation in Portland, assailed the Bush proposal as “remarkably feeble,” and took issue with the provision that would erode states’ rights to set vehicle standards.

“This is actually a clumsy backdoor effort to shut down the most (environmentally) protective efforts in the country,” Hinchman said by telephone Thursday.

On page 150 of the administration’s Corporate Average Fuel Economy standards proposal, it reads: “We reaffirm our view that a state may not impose a legal requirement relating to fuel economy, whether by statute, regulation or otherwise, that conflicts with this rule. A state that seeks to reduce motor vehicle carbon dioxide emissions is … pre-empted.”

Hinchman said he expects Snowe, Maine U.S. Sen. Susan Collins and other environmentally friendly lawmakers to put pressure on Bush to drop the rule.

Beth Nagusky, the director of Gov. John Baldacci’s Office of Energy Independence and Security, said Maine continues to support its right to regulate vehicle emissions and mileage standards.

The state has already moved to reduce its own energy consumption, Nagusky noted. Besides curbing carbon-based air emissions, Maine has saved 108,000 gallons of gasoline since Baldacci ordered conservation via a 2004 executive order.

Nagusky said the savings were realized by buying more fuel-efficient vehicles for the state’s fleet and reducing travel via increased teleconferencing.

Snowe, joined by U.S. Sen. Diane Feinstein, a California Democrat, is calling on Bush to up the fuel efficiency standards in his proposal. She said closing the SUV loophole “would save consumers over $5 billion at the pump.”

Hinchman said the administration’s proposed rules are in a public comment period now and subject to revision. Once they’re made final they will take effect in the spring of 2006.

He suggested the rules do a disservice to Americans.

“The technology is there” he said, that would allow SUV owners to enjoy fuel economy in the 30- and 40-mile-per-gallon range.


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