EPA Waiver Decision on California's
Greenhouse Gas Emission Standards
for New Motor Vehicles
On February 29, 2008, Administrator Johnson signed the Federal
Register notice denying California's request for a Clean Air Act
waiver to institute motor vehicle greenhouse gas (GHG) standards.
Decision
The decision represents the first time the U.S. Environmental Protection Agency
(EPA) has applied the Clean Air Act waiver criteria to a global air pollution
problem. Due to the unique nature of global climate change pollutants the Agency
has examined whether California has a specific need for its GHG standards to meet
"compelling and extraordinary conditions."
The Administrator of EPA is required to deny a California waiver request if he makes
any of the following three findings as set forth in section 209(b)(l) of the Clean Air
Act:
a. California's determination that its standards, in the aggregate, are at least
as protective of public health and welfare as applicable federal standards is
arbitrary and capricious;
b. California does not need its standards to meet compelling and extraordinary
conditions; or
c. California's standards and accompanying enforcement procedures are not
consistent with section 202(a) of the Clean Air Act.
Clean Air Act Section 209(b) was intended to allow California to promulgate state
standards applicable to emissions from new motor vehicles to address pollution
problems that are local or regional. The inclusion of section 209(b)(l)(B) indicated
Congress's desire not to allow waiver of preemption for California standards to
reduce emissions related to such global air pollution problems, as compared to local
or regional air pollution. The Agency has found that California does not have
"compelling and extraordinary conditions" and thus a waiver must be denied.
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA420-F-08-012
February 2008
-------
The Agency believes that global climate change is a substantial and critical challenge for
the environment. EPA has fully examined the record before it and the Administrator has
determined that the impacts facing California are not sufficiently different from the impacts
faced by the nation as a whole. EPA's denial of California's waiver request is based solely on the
"compelling and extraordinary conditions."
Background
The California Air Resources Board (GARB) requested a waiver of Clean Air Act preemption
from EPA on December 21, 2005. On April 30, 2007, EPA announced an opportunity for
public hearing and comment on CARB's request. EPA held two public hearings - the first
in Arlington, Virginia, on May 22, 2007, and the second on May 30, 2007 in Sacramento,
California.
EPA's public written comment period on CARB's waiver request closed on June 15, 2007.
EPA's Air Docket (where comments are deposited into an electronic docket system available at
regulations.gov - with the docket identifier number EPA-HQ-OAR-2006-0173) is continuing to
process recently submitted comments.
EPA Administrator Stephen Johnson sent a letter to California Governor Schwarzenegger
on December 19, 2007, communicating his intent for EPA to deny California its request for a
waiver for its GHG standards. This letter indicates that the Administrator instructed EPA staff
to draft the appropriate documents setting forth the rationale for a final agency denial of the
waiver. The Federal Register notice provides EPA's final decision denying the waiver request.
For More Information
You can access documents and information related to the California greenhouse gas waiver
request on EPA's Office of Transportation and Air Quality (OTAQ) Web site at:
www.epa.gov/otaq/ca-waiver.htm
You can also contact the OTAQ Library for document information at:
U.S. Environmental Protection Agency
Office of Transportation and Air Quality Library
2000 Traverwood Drive
Ann Arbor, MI48105
734-214-4434
E-mail: AALibrary@epa.gov
EPA Waiver Decision on California's Greenhouse Gas Emission Standards
------- |