Republican Members of the
House Energy & Commerce Committee introduced
resolutions this week to overturn three
Biden-era rules granting Clean Air Act waivers
to California under the Congressional Review Act
(CRA). The resolutions, introduced by Reps. John
Joyce (R-PA), John James (R-MI), and Jay
Obernolte (R-CA), would overturn the
Environmental Protection Agency’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.
The CRA
resolutions are strongly supported by EMA. Under
the CRA, Congress is empowered 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. The
EPA transmitted the three waiver approvals to
Congress earlier this year, starting the clock
for review of the waivers by lawmakers. If
agreed to by the House and Senate, the joint
resolutions will head to President Trump’s desk
for his signature.
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 the CRA resolutions of disapproval for
the California waivers and restoring vehicle
choice for all Americans.
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