Should Congress nullify the EPA’s NOx regulation for heavy-duty vehicles?

This bill has Passed both chambers of Congress
Bill Summary

This joint resolution aims to nullify the Environmental Protection Agency’s (EPA) approval of the California “Omnibus” Low NOx regulation for heavy-duty vehicles. This regulation was made by the California Air Resources Board (CARB), which set strict nitrogen oxide emission standards for heavy-duty on-road/off-road vehicle engines. The goal would be to target a 90% reduction in NOx emissions compared to current federal standards. This regulation has been projected to yield approximately $23 billion in health benefits by lowering pollution-related diseases and premature deaths. Sponsor: Rep. Jay Obernolte (Republican, California, District 23)
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Opponents say

•      "Clean air is not a partisan issue. It is a public health issue. And I will never, never stop fighting to protect it." Source: Energy and Commerce Ranking Member Frank Pallone (Democrat, New Jersey, District 6th) 


•      "We applaud the Biden administration’s restoration of California’s authority to set its own, stronger vehicle emissions standards. California has long been a leader in clean air and climate policy, working with auto manufacturers to set and achieve ambitious environmental goals that protect public health, safeguard clean air and save money for consumers. Today’s action by the EPA recognizes California’s environmental leadership and confirms California’s clear authority under the Clean Air Act to set its own emissions standards in order to protect public health and the environment. California was the first state to set 2035 as the target by which all vehicles sold must be zero-emission. The restoration of California’s waiver will help make that goal a reality by enabling California to set even more ambitious pollution standards in the future." Source: Rep. Alex Padilla (Democrat, California)


•      "We, the undersigned 127 health, business, labor, environmental, consumer, and science organizations urge you to vote NO on Congressional Review Act (CRA) resolutions that aim to overturn Advanced Clean Trucks (“ACT”), Advanced Clean Cars II (“ACC II”), and Heavy-Duty Omnibus (“HDO”) preemption waivers (H.J. Res. 87, H.R. Res. 88, H.J. Res. 89). These critical clean air standards, previously granted by the U.S. Environmental Protection Agency (EPA), are essential for reducing toxic air pollution, protecting public health, and cutting climate-damaging emissions. If successful, these CRA resolutions would mark the first time in the more than half-century of the Clean Air Act that Congress has attempted to take away states’ rights to choose clean vehicle standards to protect their citizens from dangerous air pollution. Using the CRA on these standards is an unprecedented and reckless attack on state sovereignty and allows EPA to avoid any accountability by bypassing explaining and defending its action to the public and the courts. Furthermore, improperly applying the CRA would open up a Pandora's box, creating a precedent for future attempts to apply the CRA to any number of executive actions outside its scope, from approval for Medicaid waivers to changes to K-12 education plans." Source: NRDC (the Natural Resources Defense Council)

Proponents say

•    "The American people should choose what vehicle is right for them, not California bureaucrats. By submitting the three California waivers to Congress, Administrator Zeldin is ensuring that Congress has oversight of these major rules that impact every American…The Committee has been committed to addressing this issue since California first attempted to create a de facto EV mandate. Energy and Commerce Republicans will continue to fight against far-left policies that would harm consumers and will now work to ensure that the Congressional Review Act process finally puts these issues to rest. Thank you to Congressman Joyce, Congressman Obernolte, and Congressman James for your work to ensure that families and businesses can continue to choose the vehicles they need." Source: Chairman Brett Guthrie (Republican, Kentucky, District 2)


•      "Since arriving in Washington, I have fought to protect consumer freedom and allow American families to choose the vehicle that best fits their budget and needs…The introduction of this resolution to overturn California’s ban on gas-powered vehicles is long overdue. Thank you to Chairman Guthrie and Chairman Capito for their leadership on this issue, and I look forward to seeing this legislation swiftly pass through Congress so President Trump can permanently protect the freedom of the open road for all Americans."  Source: Vice Chairman John Joyce (Republican, Pennsylvania, District 13)


•      "As a representative of California, I’ve seen firsthand how burdensome regulations from the California Air Resources Board have hurt businesses and hardworking Americans by imposing costly mandates instead of allowing the market to drive innovation…Congress must exercise its oversight authority to ensure these policies do not become the national standard. It is critical we protect jobs, supply chains, and the ability of consumers to choose what is best for them and their families."  Source: Rep. Jay Obernolte (Republican, California, District 23)