Regulatory Announcement

EPA Decision to Grant California’s 

Request for Waiver of Preemption for 

its Advanced Clean Car Program 

EPA has signed a Federal Register Notice announcing its decision 

to grant a California Air Resources Board (CARB) request for a 

waiver of preemption for its Advanced Clean Car (ACC) regulations. 

The ACC regulations revise California’s Low Emission Vehicle (LEV) 

program (which includes both criteria pollutant and greenhouse gas 

(GHG) emission standards) as well as the Zero Emission Vehicle 

(ZEV) program. 

Overview 

The regulations apply to light duty vehicles, light duty trucks, and medium duty 

passenger vehicles. The ZEV amendments add flexibility to California’s existing ZEV 

program for 2017 and earlier model years (MYs), and establish new sales and technology requirements starting with the 2018 MY. The LEVIII amendments establish 

more stringent criteria and GHG emission standards starting with the 2015 and 2017 

MYs, respectively. 

The ACC program entails four separate regulations that California has packaged 

together to address what California describes as the interrelated issues of ambient 

air quality and climate change. The regulations together are designed to encourage 

coordinated development, introduction, and sales of advanced technologies so as 

to support investment in infrastructure and reduce technology costs. The updated 

ZEV, GHG, and LEVIII criteria emission standards regulations are covered under the 

ACC waiver. The fourth regulation establishes requirements for electric and hydrogen infrastructure improvements and is not subject to federal preemption. 

The new ZEV standards are designed to commercialize battery-electric, plug-in 

hybrid, and fuel cell technologies, reaching about 15% of new vehicle sales in California in the 2025 time frame. The changes that CARB added to the 2017 and 

Office of Transportation and Air Quality 

EPA-420-F-12-083 

December 2012 
Regulatory Announcement

earlier model year ZEV program allow manufacturers to earn and save credits in more flexible 

ways. This in turn is intended to help manufacturers achieve the sales targets that accelerate 

more steeply beginning with the 2018 model year. The LEVIII criteria pollutant standards are 

designed to achieve further reductions by increasing the stringency of vehicle standards and 

by extending vehicle useful life to 150,000 miles from the current 120,000 miles. The LEVIII 

GHG standards would reduce fleet GHG emissions in MY2025 by about 34% over MY2016 

levels. The California GHG standards are almost identical in stringency and structure to the 

federal MY2017-2025 GHG standards. Additionally, on December 6, 2012, California adopted a 

“deemed to comply” regulation that enables manufacturers to show compliance with California 

GHG standards by demonstrating compliance with federal GHG standards. 

In reaching its waiver decision, EPA determined that the CARB ZEV amendments as they 

affect 2017 and earlier MYs are within the scope of prior EPA waivers. EPA also determined that 

the waiver includes the new “deemed to comply” regulation. 

Background on EPA Decision Making Process 

The Clean Air Act preempts all states from adopting emission standards for new motor vehicles, 

but establishes specific provisions through which California may obtain a waiver of federal preemption. Section 209(b)(1) of the Act directs EPA to grant a waiver unless EPA finds that: 

•	 California’s determination that its standards will be, in the aggregate, as protective of public 

health and welfare as applicable federal standards is arbitrary and capricious, 

•	 California does not need its standards to meet compelling and extraordinary conditions, or 

•	 California standards and accompanying enforcement procedures are not consistent with section 202(a) of the Act. 

In prior waiver decisions, EPA has determined the third (consistency) criterion to mean that 

CARB’s regulations either do not provide adequate lead time to implement the new technology, 

giving appropriate consideration to the cost of compliance within the applicable time frame; 

or, impose inconsistent certification requirements such that manufacturers would be unable to 

satisfy both California and federal certification requirements with the same vehicle. 

CARB submitted a request to EPA for a waiver of preemption under section 209(b) for its ACC 

regulations on June 27, 2012. On August 31, 2012, EPA announced an opportunity for public 

hearing and comment on the California request. A hearing took place on September 19, 2012 

in Washington DC and the comment period closed on October 19, 2012. 

EPA received comment from organizations representing auto manufacturers and dealers, emission control manufacturers, states, businesses, consumer and environmental organizations, and 

the general public. The large majority of comments urged EPA to grant the waiver. EPA received two opposing comments; one recommended outright denial and the other recommended 

denial or deferral of certain components of the ACC program. However, EPA determined that 

these opponents of the waiver had not demonstrated the burden of proof necessary for EPA to 

deny a waiver based on the waiver criteria found in section 209(b) of the Clean Air Act. EPA 

provides a detailed discussion of its decision and rationale in the Federal Register Notice. 

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Regulatory Announcement

For More Information 

You can access documents on this waiver decision on EPA’s Office of Transportation and Air 

Quality (OTAQ) website at: 

www.epa.gov/otaq/cafr.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
 

734-214-4311 & 214-4434
 

E-mail: Group_AALibrary@epa.gov
 

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