[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Presidential Documents]
[Pages 4905-4906]
From the Federal Register Online via the Government Publishing 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