[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1605]

[Page 563]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
   Subpart Q--Preemption of State Standards and Waiver Procedures for 
                  Nonroad Engines and Nonroad Vehicles
 
Sec. 85.1605  Criteria for granting authorization.

    (a) The Administrator shall grant the authorization if California 
determines that California standards will be, in the aggregate, at least 
as protective of public health and welfare as applicable Federal 
standards.
    (b) The authorization shall not be granted if the Administrator 
finds that:
    (1) The determination of California is arbitrary and capricious;
    (2) California does not need such California standards to meet 
compelling and extraordinary conditions; or
    (3) California standards and accompanying enforcement procedures are 
not consistent with section 209.