EPA has transmitted to
Congress the Biden Administration’s approval of
the Clean Air Act waiver for California's
Advanced Clean Cars (ACC II) rule, along with
approved federal waivers for the State's clean
trucks and heavy-duty NOx rules, starting the
clock for review of the waivers by lawmakers
under the Congressional Review Act (CRA). The
CRA move is strongly supported by EMA, and it
was quickly endorsed by Senate Environment and
Public Works Committee Chair Shelley Moore
Capito (R-WV). The CRA allows Congress to review
“rules” issued by federal agencies, including
EPA, before the rules take effect. Congress may
review a rule for a period of 60 days and then
disapprove it using special procedures,
including a joint resolution of disapproval.
California’s ACC II rule includes a mandate
for vehicle manufacturers to sell increasing
percentages of zero-emission vehicles in the
State, beginning in model year 2026, and
culminating in a ban on internal combustion
engine-powered vehicles in 2035. To date, 17
states have adopted portions of California’s
light- and heavy-duty vehicle regulations.
By design, California’s ACC II rules operate
to reduce the liquid fuels market by giving
preferential treatment to electric vehicles,
thereby injuring energy marketers and others who
participate in the market. EPA’s waivers not
only increase vehicle costs, but also increase
the costs of goods and the cost of living for
American families. EMA calls on energy marketers
to contact their Representatives and Senators,
urging them to support a CRA resolution of
disapproval for the California waivers and
restoring vehicle choice for all Americans.
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