FINDINGS
FOR
1999­
2003
ZEV
AMENDMENTS
PREEMPTION
WAIVER
 
G­
04­
062
State
of
California
AIR
RESOURCES
BOARD
EXECUTIVE
ORDER
G­
04­
062
Relating
to
Findings
in
Support
of
Request
for
a
Waiver
of
Preemption
and
a
Within
the
Scope
of
Previous
Waivers
Determination
for
the
1999­
2003
Amendments
to
the
California
Zero­
Emission
Vehicle
Regulations
WHEREAS,
during
1998­
2004
the
Air
Resources
Board
(
ARB
or
Board)
conducted
four
different
rulemakings
in
which
it
adopted
amendments
to
the
California
Zero­
Emission
Vehicle
(
ZEV)
regulations;
these
rulemakings
are
the
1999
ZEV
amendments
(
part
of
the
second
generation
low­
emission
vehicle
(
LEV
II)
rulemaking),
the
2001
ZEV
amendments,
the
2003
ZEV
amendments,
and
the
electric
vehicle
charger
amendments;
an
additional
minor
amendment
to
the
ZEV
requirements
was
made
as
part
of
the
second
set
of
follow­
up
amendments
to
the
LEV
II
regulations
adopted
in
2002;

WHEREAS,
Attachment
A
hereto
shows
in
underline
and
strikeout
text
the
ZEV
regulations
as
they
were
amended
in
the
last
of
these
rulemakings
 
the
2003
ZEV
amendments
 
compared
to
the
text
of
the
ZEV
regulations
as
they
existed
immediately
before
the
first
of
the
rulemakings;
the
amendments
shown
are
collectively
referred
to
as
the
1999­
2003
ZEV
amendments;
and
WHEREAS,
Health
and
Safety
Code
section
39515
provides
that
the
Board
may
delegate
to
the
Executive
Officer
any
duty
that
the
Board
deems
appropriate,
and
section
39516
provides
that
any
power
which
the
Board
may
lawfully
delegate
to
the
Executive
Officer
shall
be
conclusively
presumed
to
have
been
delegated
unless
it
is
shown
that
the
Board,
by
affirmative
vote
recorded
in
the
minutes
of
the
Board,
has
specifically
reserved
the
same
for
the
Board's
own
action.

NOW,
THEREFORE,
IT
IS
ORDERED
that
I
find
that
the
1999­
2003
ZEV
amendments
as
they
apply
to
the
2006
and
earlier
model­
years
do
not
undermine
the
ARB's
prior
determinations
in
the
rulemakings
adopting
the
first
generation
low­
emission
vehicle
regulations
(
LEV
I)
regulations
and
the
LEV
II
regulations
that
the
California
motor
vehicle
emission
standards,
in
the
aggregate,
are
at
least
as
protective
of
public
health
and
welfare
as
applicable
federal
standards.

IT
IS
FURTHER
ORDERED
that
I
find
that
the
1999­
2003
ZEV
amendments
do
not
affect
the
consistency
of
the
California
ZEV
requirements
with
section
202(
a)
of
the
federal
Clean
Air
Act,
and
raise
no
new
issues
affecting
the
previous
actions
of
the
U.
S.
Environmental
Protection
Agency
waiving
preemption
of
the
LEV
I
and
LEV
II
regulations
pursuant
to
section
209(
b)
of
the
federal
Clean
Air
Act.

IT
IS
FURTHER
ORDERED
that
I
find
that
the
California
emission
standards
for
2007
and
subsequent
model­
year
passenger
cars
and
light­
duty
trucks
with
the
1999­
2003
Executive
Order
G­
04­
062
Page
2
FINDINGS
FOR
1999­
2003
ZEV
AMENDMENTS
PREEMPTION
WAIVER
 
G­
04­
062
ZEV
amendments
are
at
least
as
protective
of
public
health
and
welfare
as
applicable
federal
standards.

IT
IS
FURTHER
ORDERED
that
I
find
that
separate
California
emission
standards
and
test
procedures
continue
to
be
necessary
to
meet
compelling
and
extraordinary
conditions.

Executed
this
15th
day
of
September,
2004,
at
Sacramento,
California.

/
s/

Catherine
Witherspoon
Executive
Officer
Attachment
