Terry
Tamminen
Agency
Secretary
The
energy
challenge
facing
California
is
real.
Every
Californian
needs
to
take
immediate
action
to
reduce
energy
consumption.
For
a
list
of
simple
ways
you
can
reduce
demand
and
cut
your
energy
costs,
see
our
Website:
http://
www.
arb.
ca.
gov.

California
Environmental
Protection
Agency
Printed
on
Recycled
Paper
Air
Resources
Board
Alan
C.
Lloyd,
Ph.
D.
Chairman
1001
I
Street
°
P.
O.
Box
2815
Sacramento,
California
95812
°
www.
arb.
ca.
gov
Arnold
Schwarzenegger
Governor
September
23,
2004
Honorable
Michael
O.
Leavitt
Administrator
U.
S.
Environmental
Protection
Agency
1200
Pennsylvania
Avenue,
NW
Washington,
D.
C.
20460
Re:
1998­
2003
Amendments
to
the
California
Zero
Emission
Vehicle
Regulation;
Request
for
Confirmation
That
Amendments
Pertaining
to
2003­
2006
Model
Years
Are
Within
the
Scope
of
Previous
Waivers
of
Preemption
Under
Clean
Air
Act
Section
209(
b),
and
Request
for
Waiver
of
Preemption
for
the
Amended
Requirements
for
Model­
Years
2007
and
Subsequent
Dear
Administrator
Leavitt:

During
1999­
2003,
the
California
Air
Resources
Board
(
ARB
or
Board)
adopted
four
sets
of
amendments
to
the
California
Zero
Emission
Vehicle
(
ZEV)
regulation.
I
am
writing
to
request
that
you
confirm
ARB's
determination
that
the
aggregated
amendments
resulting
from
the
four
rulemakings
as
they
affect
model
years
2003­
2006
are
within
the
scope
of
the
waiver
of
preemption
under
Clean
Air
Act
(
CAA)
section
209(
b)
for
the
original
ZEV
regulation
 
adopted
as
part
of
California's
first
generation
Low
Emission
Vehicle
(
LEV
I)
rulemaking.
I
am
also
requesting
that
you
issue
a
new
waiver
of
preemption
for
the
amended
ZEV
regulations
applicable
to
the
2007
and
subsequent
model
years.

Attachment
1
to
this
letter
is
Executive
Order
04­
062,
which
contains
findings
that
the
ZEV
amendments
applicable
to
model­
years
2003­
2006
are
within
the
scope
of
previous
waivers,
and
that
the
California
emission
standards
for
passenger
cars
and
light­
duty
trucks
as
amended
by
the
ZEV
amendments
are
at
least
as
protective
of
the
public
health
and
welfare
as
the
comparable
federal
standards.
Attachment
2
is
a
comprehensive
document
setting
forth
the
basis
for
our
requests.
Attachment
3
is
a
list
of
the
pertinent
documents
that
are
contained
electronically
on
the
two
enclosed
CD­
ROMs.

The
California
ZEV
regulation
is
an
important
component
of
ARB's
motor
vehicle
emission
control
program,
and
I
am
sure
you
will
want
to
have
our
request
processed
in
a
timely
manner.
Administrator
Michael
O.
Leavitt
September
23,
2004
Page
2
If
you
need
additional
information
on
this
item,
please
call
me
at
(
916)
445­
4383.
Legal
questions
may
be
directed
to
Senior
Staff
Counsel
Tom
Jennings
at
(
916)
323­
9608,
and
technical
questions
may
be
directed
to
Chuck
Shulock,
Vehicle
Programs
Specialist,
at
(
916)
322­
6964.

Sincerely,

/
s/

Catherine
Witherspoon
Executive
Officer
Attachments
Honorable
Michael
O.
Leavitt
Page
3
