Clean Air Act209 Waivers and Authorizations

This page last reviewed November 6, 2013

 


Waivers
2000 - Present

Authorizations
2000 - Present


Waiver Process

The Federal Clean Air Act (CAA) allows California to seek a waiver of the federal preemption that  prohibits states and local jurisdictions from enacting emission standards and other emission-related requirements for new motor vehicles and engines. (CAA section 209(a)).  ARB serves as the representative of California in filing waiver requests with U.S. EPA.  After California files a written request for a waiver, U.S. EPA will publish a notice for a public hearing and submission of comments in the Federal Register. After consideration of comments received, the Administrator of U.S. EPA will issue a written determination on California's request, which is also published the Federal Register.

Under CAA Section 209 U.S. EPA must grant California a waiver unless the Administrator finds that:

         California was arbitrary and capricious in its finding that its standards are, in the aggregate, at least as protective of public health and welfare as applicable federal standards;

         California does not need such standards to meet compelling and extraordinary conditions; or

         such standards and accompanying enforcement procedures are not consistent with Section202(a) of the Clean Air Act.

Authorization Process

The Federal Clean Air Act allows California to seek an authorization of the federal preemption that prohibits states and local jurisdictions from enacting emission standards and other emission-related requirements for new and in-use nonroad engines that are not conclusively preempted by section 209(e)(1) new engines less than 175 hp used in farm and construction equipment and vehicles and new engines used in new locomotives and locomotive engines.  (CAA section 209(e)(2)).  The ARB serves as the representative of California in filing authorization requests with U.S. EPA.  After California files a written request for an authorization, U.S. EPA will publish a notice for a public hearing and submission of comments in the Federal RegisterAfter consideration of comments received, the Administrator of U.S. EPA will issue a written determination on California?s request, which is also published the Federal Register.

Under CAA Section 209(e)(2)(A), U.S. EPA must grant California an authorization unless the Administrator finds that:

         California was arbitrary and capricious in its finding that its standards are, in the aggregate, at least as protective of public health and welfare as applicable federal standards;

         California does not need such standards to meet compelling and extraordinary conditions; or

        such standards and accompanying enforcement procedures are not consistent with Section 209(a), Section 209(e)(1), and Section 209(b)(1)(C) of the             Clean Air Act.


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