The U.S. Environmental Protection Agency could be experiencing a revolt from staff over the denial of a waiver to California on vehicle emissions, according to documents released by Sen. Barbara Boxer.

The agency rejected the request for a waiver in December. The waiver would have allowed the state to impose greenhouse gas limits on cars, trucks and SUVs (see U.S. EPA rejects Calif. car emissions waiver).

"I believe the Environmental Protection Agency is an agency in crisis," said Sen. Boxer in a press conference.

"In crisis because of this decision by the administrator, which went against the professional scientists, the professional legal experts."

Boxer has accused EPA Administrator Stephen Johnson of representing special interests instead of protecting the environment.

According to Boxer, an email from a top staffer urged Johnson to allow the waiver.

Margot Oge, head of the EPA's office of transportation and air quality, wrote, "From what I have read and the people I have talked to, it is obvious to me that there is no legal or technical justification for denying this. The law is very specific about what you are allowed to consider, and even if you adopt the alternative interpretations that have been suggested by the automakers, you still wind up in the same place."

Boxer said the internal memos show that some members of the agency were concerned about the reputation of the EPA if the waiver were to be denied and believed that Johnson would have to consider resigning if he turned down California's request.

Boxer is head of the Senate Committee on Environment and Public Works, which is conducting an ongoing investigation of the EPA's waiver denial.

The senator said she plans to question Johnson today when he appears before the committee to defend the EPA's proposed 2009 budget.

"As a result of Mr. Johnson's failure to grant this waiver, we are wasting precious time where we could be doing more to clean up the air," said Boxer.

"And one of the things we've learned is, the more we delay the harder it gets to make the kind of cuts in greenhouse gas emissions we need to make."

She said the documents the committee has received from the EPA on the matter have been either incomplete or redacted. And the committee's staff has been forced to hand-copy the documents while EPA staffers watch and wait to return the papers to the agency.

In the email, Oge warned Johnson, "You have to find a way to get this done. If you cannot, you will face a pretty big personal decision about whether you are able to stay in the job under those circumstances. This is a choice only you can make, but I ask you to think about the history and the future of the agency in making it. If you are asked to deny this waiver, I fear the credibility of the agency that we both love will be irreparably damaged."

California filed a lawsuit against the EPA in January, seeking to reverse the agency's decision (see California sues EPA, again).

It was the first time the agency fully denied a waiver for the state under the Clean Air Act since Congress gave the state the right to obtain such waivers in 1967.

The state previously sued the EPA in November, claiming the agency was dragging its feet on ruling on the waiver (see California slaps suit on U.S. EPA over car emissions).

"Our next president is going to sign the waiver," said Boxer. "Whether it's Barack Obama, Hillary Clinton or John McCain. They've already said it."

"Why on earth would this administration continue to waste taxpayer dollars on a lawsuit that they know is coming at them from California and 19 other states? They know that the waiver will be signed. We are only wasting time and money."

California originally applied for the waiver in December 2005.

Twelve other states, including Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, adopted California's vehicle emissions standards.

The governors of Arizona, Colorado, Florida and Utah have also said they plan to adopt the standards. The rules are under consideration in other states as well.