State of California Request for Waiver Under 42 U.S.C. 7543(b), the Clean Air Act, 4905-4906 [E9-1939]

Download as PDF Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Presidential Documents 4905 Presidential Documents 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. yshivers on PROD1PC62 with MISCELLANEOUS 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. VerDate Nov<24>2008 07:42 Jan 27, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAO1.SGM 28JAO1 4906 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Presidential Documents You are hereby authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, January 26, 2009 [FR Doc. E9–1939 Filed 1–27–09; 8:45 am] VerDate Nov<24>2008 07:42 Jan 27, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAO1.SGM 28JAO1 OB#1.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS Billing code 6560–50–P

Agencies

[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Presidential Documents]
[Pages 4905-4906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1939]




                        Presidential Documents 



Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / 
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