DEPARTMENT OF TRANSPORTATION 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

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? 
 

 

 

 

 

 

 

 

 

• 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