On March 9, 2022, the Environmental Protection Agency (EPA) took final action to restore California’s authority to set its own vehicle emissions standards that are more climate-protective than federal requirements. EPA’s mandate to set emission standards for new motor vehicles under the Clean Air Act generally preempts states’ ability to establish such standards. However, California can seek a waiver to set its own regulations that are at least as protective as applicable federal rules, which other states may follow.
In 2013 EPA granted California a preemption waiver for its Advanced Clean Car (ACC) regulations. The ACC program is comprised of California’s low emission vehicle program, greenhouse gas standards, and zero-emission vehicle (ZEV) program. The ZEV program requires a certain percentage of vehicles in the state to produce no carbon dioxide tailpipe emissions. In 2019, EPA partially withdrew the waiver as part of “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program” (SAFE 1).” EPA also announced an interpretation of the Clean Air Act that prevented other states from adopting California’s greenhouse gas standards.
The March 9 Notice of Decision rescinds the 2019 waiver withdraw, bringing the 2013 ACC program waiver back into force, and additionally rescinds the 2019 interpretation that prevented other states from adopting California’s greenhouse gas standards.