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State of California Request for Waiver Under 42 U.S.C. 7543(b), the Clean Air Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

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[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Presidential Documents]
[Page 4905-4906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja09-106]

                        Presidential Documents

[[Page 4905]]

                Memorandum of January 26, 2009

                State of California Request for Waiver Under 42
                U.S.C. 7543(b), the Clean Air Act

                Memorandum for the Administrator of the Environmental
                Protection Agency

                Under the Clean Air Act (42 U.S.C. 7401-7671q), the
                Environmental Protection Agency (EPA) sets emissions
                standards for new motor vehicles. California may also
                adopt standards for new motor vehicles if the
                Administrator of the EPA, based on criteria set out in
                the statute, waives the general statutory prohibition
                on State adoption or enforcement of emissions
                standards. Other States may adopt emissions standards
                for new motor vehicles if they are identical to the
                California standards for which a waiver has been
                granted and comply with other statutory criteria.

                For decades, the EPA has granted the State of
                California such waivers. The EPA's final decision to
                deny California's application for a waiver permitting
                the State to adopt limitations on greenhouse gas
                emissions from motor vehicles was published in the
                Federal Register on March 6, 2008.

                In order to ensure that the EPA carries out its
                responsibilities for improving air quality, you are
                hereby requested to assess whether the EPA's decision
                to deny a waiver based on California's application was
                appropriate in light of the Clean Air Act. I further
                request that, based on that assessment, the EPA
                initiate any appropriate action.

                This memorandum is not intended to, and does not,
                create any right or benefit, substantive or procedural,
                enforceable at law or in equity by any party against
                the United States, its departments, agencies, or
                entities, its officers, employees, or agents, or any
                other person.

[[Page 4906]]

                You are hereby authorized and directed to publish this
                memorandum in the Federal Register.
                
               
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 26, 2009

[FR Doc. E9-1939 Filed 1-27-09; 8:45 am]
Billing code 6560-50-P

 
 

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