Cooperation Among Agencies in Protecting the Environment With Respect to Greenhouse Gas Emissions From Motor Vehicles, Nonroad Vehicles, and Nonroad Engines

Executive Order 13432 of May 14, 2007

Cooperation Among Agencies in Protecting the
Environment With Respect to Greenhouse Gas Emissions
From Motor Vehicles, Nonroad Vehicles, and Nonroad
Engines

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United
States to ensure the coordinated and effective exercise
of the authorities of the President and the heads of
the Department of Transportation, the Department of
Energy, and the Environmental Protection Agency to
protect the environment with respect to greenhouse gas
emissions from motor vehicles, nonroad vehicles, and
nonroad engines, in a manner consistent with sound
science, analysis of benefits and costs, public safety,
and economic growth.

Sec. 2. Definitions. As used in this order:

(a) “agencies” refers to the Department of
Transportation, the Department of Energy, and the
Environmental Protection Agency, and all units thereof,
and “agency” refers to any of them;

(b) “alternative fuels” has the meaning specified for
that term in section 301(2) of the Energy Policy Act of
1992 (42 U.S.C. 13211(2));

(c) “authorities” include the Clean Air Act (42
U.S.C. 7401-7671q), the Energy Policy Act of 1992
(Public Law 102-486), the Energy Policy Act of 2005
(Public Law 109-58), the Energy Policy and Conservation
Act (Public Law 94-163), and any other current or
future laws or regulations that may authorize or
require any of the agencies to take regulatory action
that directly or indirectly affects emissions of
greenhouse gases from motor vehicles;

(d) “greenhouse gases” has the meaning specified for
that term in Executive Order 13423 of January 24, 2007;

(e) “motor vehicle” has the meaning specified for
that term in section 216(2) of the Clean Air Act (42
U.S.C. 7550(2));

(f) “nonroad engine” has the meaning specified for
that term in section 216(10) of the Clean Air Act (42
U.S.C. 7550(10));

(g) “nonroad vehicle” has the meaning specified for
that term in section 216(11) of the Clean Air Act (42
U.S.C. 7550(11));

(h) “regulation” has the meaning specified for that
term in section 3(d) of Executive Order 12866 of
September 30, 1993, as amended (Executive Order 12866);
and

(i) “regulatory action” has the meaning specified for
that term in section 3(e) of Executive Order 12866.

Sec. 3. Coordination Among the Agencies. In carrying
out the policy set forth in section 1 of this order,
the head of an agency undertaking a regulatory action
that can reasonably be expected to directly regulate
emissions, or to substantially and predictably affect
emissions, of greenhouse gases from motor vehicles,
nonroad vehicles, nonroad engines, or the use of motor
vehicle fuels, including alternative fuels, shall:

(a) undertake such a regulatory action, to the maximum
extent permitted by law and determined by the head of
the agency to be practicable, jointly with the other
agencies;

(b) in undertaking such a regulatory action, consider,
in accordance with applicable law, information and
recommendations provided by the other agencies;

(c) in undertaking such a regulatory action, exercise
authority vested by law in the head of such agency
effectively, in a manner consistent with the effective
exercise by the heads of the other agencies of the
authority vested in them by law; and

(d) obtain, to the extent permitted by law, concurrence
or other views from the heads of the other agencies
during the development and preparation of the
regulatory action and prior to any key decision points
during that development and preparation process, and in
no event later than 30 days prior to publication of
such action.

Sec. 4. Duties of the Heads of Agencies. (a) To
implement this order, the head of each agency shall:

(1) designate appropriate personnel within the agency
to (i) direct the agency's implementation of this
order, (ii) ensure that the agency keeps the other
agencies and the Office of Management and Budget
informed of the agency regulatory actions to which
section 3 refers, and (iii) coordinate such actions
with the agencies;

(2) in coordination as appropriate with the Committee
on Climate Change Science and Technology, continue to
conduct and share research designed to advance
technologies to further the policy set forth in section
1 of this order;

(3) facilitate the sharing of personnel and the sharing
of information among the agencies to further the policy
set forth in section 1 of this order;

(4) coordinate with the other agencies to avoid
duplication of requests to the public for information
from the public in the course of undertaking such
regulatory action, consistent with the Paperwork
Reduction Act (44 U.S.C. 3501et seq.); and

(5) consult with the Secretary of Agriculture whenever
a regulatory action will have a significant effect on
agriculture related to the production or use of
ethanol, biodiesel, or other renewable fuels, including
actions undertaken in whole or in part based on
authority or requirements in title XV of the Energy
Policy Act of 2005, or the amendments made by such
title, or when otherwise appropriate or required by
law.

(b) To implement this order, the heads of the agencies
acting jointly may allocate as appropriate among the
agencies administrative responsibilities relating to
regulatory actions to which section 3 refers, such as
publication of notices in the Federal Register and
receipt of comments in response to notices.

Sec. 5. Duties of the Director of the Office of
Management and Budget and the Chairman of the Council
on Environmental Quality. (a) The Director of the
Office of Management and Budget, with such assistance
from the Chairman of the Council on Environmental
Quality as the Director may require, shall monitor the
implementation of this order by the heads of the
agencies and shall report thereon to the President from
time to time, and not less often than semiannually,
with any recommendations of the Director for
strengthening the implementation of this order.

(b) To implement this order and further the policy set
forth in section 1, the Director of the Office of
Management and Budget may require the heads of the
agencies to submit reports to, and coordinate with,
such Office on matters related to this order.

Sec. 6. General Provisions. (a) This order shall be
implemented in accordance with applicable law and
subject to the availability of appropriations.

(b) This order shall not be construed to impair or
otherwise affect the functions of the Director of the
Office of Management and Budget relating to budget,
administrative, and legislative proposals.

(c) This order is not intended to, and does not, create
any right, benefit or privilege, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, instrumentalities, or entities, its officers
or employees, or any other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    May 14, 2007.