- Aug 21, 2003
- 53,298
- 47,676
- 136
if a state wants to make an emission standard that is more strict than the federal one, that should be perfectly acceptable since the federal standard is a minimum performance requirement. but a state would (should) not be able to supersede federal authority bysetting limits that conflict with the federal requirement (e.g. less strict than the federal standard).
Under current law CA is allowed make it's own, more strict, standards. California demanded this when the Clean Air Act of 1970 was written because they didn't want weaker Federal regulation to undermine their efforts. Other states can sign up for CA standards but not create their own.
