U.S. DEPARTMENT OF TRANSPORTATION
U.S. ENVIRONMENTAL PROTECTION AGENCY

S*TES 0* *
Proposed California Waiver Withdrawal
What is the proposed action on the California Waiver?
	The Clean Air Act (CAA) generally preempts state regulation of motor vehicles.
	California is specially empowered to apply for a waiver from this preemption, and EPA
grants it unless certain blocking conditions are triggered.
 EPA is proposing to withdraw the January 9, 2013 waiver of CAA preemption for
California's Advanced Clean Car (ACC) program, Zero Emissions Vehicle (ZEV)
mandate, and Greenhouse Gas (GHG) standards that are applicable to model years 2021
through 2025.
What is the proposed legal basis for withdrawing the California Waiver?
 Under CAA section 209(b)(1)(B) (compelling and extraordinary conditions), EPA
proposes to find that California does not need its GHG and ZEV standards to meet
compelling and extraordinary conditions because:
o those standards address environmental problems that are not particular or unique
to California;
o that are not caused by emissions or other factors particular or unique to
California; and
o for which the standards will not provide any remedy particular or unique to
California.
 Under CAA section 209(b)(1)(C) (consistency with section 202(a)), EPA proposes to find
that California's GHG and ZEV standards are inconsistent with section 202(a) because
they are technologically infeasible in that they provide insufficient lead time to permit the
development of necessary technology, giving appropriate consideration to compliance
costs.
 Furthermore, NHTSA has proposed to find that California's GHG and ZEV standards are
preempted under EPCA. EPA is soliciting public comment as to whether, if NHTSA
finalizes EPCA preemption, that would provide a separate basis to withdraw the waiver
separate and apart from the analysis described below.
What is the statutory basis for state preemption of new motor vehicle emission standards
and the criteria to grant or deny a waiver?

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	Section 209(a) of the CAA provides that: "No State or any political subdivision thereof
shall adopt or attempt to enforce any standard relating to the control of emissions from
new motor vehicles or new motor vehicle engines subject to this part. No State shall
require certification, inspection or any other approval relating to the control of emissions
from any new motor vehicle or new motor vehicle engine as condition precedent to the
initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle
engine, or equipment."
	However, Title II affords special treatment to California: subject to certain conditions, it
may obtain from EPA a waiver of section 209(a) preemption.
	Specifically, section 209(b)(1) of the CAA requires the Administrator, after an
opportunity for public hearing, to waive application of the prohibitions of section 209(a)
to California, if California determines that its State standards will be, in the aggregate, at
least as protective of public health and welfare as applicable Federal standards.
	Under section 209(b)(1) of the CAA, California's ability to obtain a waiver is not
unlimited. The statute provides that "no such waiver will be granted" if the Administrator
finds any of the following:
(A)	[California's] determination [that its standards in the aggregate will be at least
as protective] is arbitrary and capricious,
(B)	[California] does not need such State standards to meet compelling and
extraordinary conditions, or
(C)	such State standards and accompanying enforcement procedures are not
consistent with section [202(a)],
EPA-420-F-18-903
August 2, 2018

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