Program Announcement

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)(1) 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)(1)(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. 

Office of Transportation and Air Quality 

EPA420-F-08-012 

February 2008 
Program Announcement

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 (CARB) 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, MI 48105


734-214-4434


E-mail: AALibrary@epa.gov


EPA Waiver Decision on California’s Greenhouse Gas Emission Standards