This bill clarifies that the federal government, not states, has exclusive authority to set emission standards for certain existing locomotives and small engines used in construction or farm equipment.
Joni Ernst
Senator
IA
The LOCOMOTIVES Act clarifies federal authority under the Clean Air Act regarding emissions standards for certain existing locomotives and engines used in construction or farm equipment. This legislation ensures that federal standards, rather than varying state standards, apply to these specific engines, particularly those under 175 horsepower and locomotives engaged in commerce. Essentially, it centralizes regulatory power over these emissions sources at the federal level.
The aptly named Lifting Overburdensome Commerce Obstructions and Motives Act, or the LOCOMOTIVES Act, is a short bill that makes a big change to who gets to set the rules for air pollution from certain engines. Essentially, this legislation amends the Clean Air Act to cement federal authority over emission standards for existing locomotives and some smaller engines used in construction and farming equipment, explicitly preempting states from setting their own rules.
Section 2 of the LOCOMOTIVES Act is where the regulatory rubber meets the road. Previously, there was a carve-out in federal law that allowed states to regulate emissions from smaller engines—specifically, those under 175 horsepower used in construction or farm equipment. This bill takes that language out. Now, if those small engines are already subject to federal regulation under the Clean Air Act, states lose their ability to set stricter, localized emission standards. Think of a contractor running a small skid-steer loader or a farmer using a lower-horsepower tractor: if a state had previously required them to meet tougher standards than the federal baseline, that state rule is now likely invalid.
For interstate commerce, this bill provides clarity. It explicitly confirms that any locomotive “engaged in commerce”—meaning virtually all common carrier railroad transportation—falls under federal emission rules. For the big rail companies, this is a win for regulatory simplicity; they won't have to worry about a patchwork of different state rules as they cross borders. However, the flip side is that states that wanted stricter local air quality standards—perhaps in areas with existing pollution issues—lose the ability to enforce them for these specific small engines. It’s a trade-off: regulatory uniformity for the industry versus the ability of local governments to demand cleaner air.
Manufacturers of small off-road engines (under 175 horsepower) and large railroad operators benefit from this streamlined approach, as compliance becomes simpler and potentially less expensive if the federal standard is less rigorous than the state standards they replace. But the cost could be borne by residents in areas where states had previously implemented stricter standards to combat localized pollution. If the federal standard is weaker, local air quality could suffer. This bill is a classic example of federal preemption—it clears the way for easier national business operations, but it eliminates a state's ability to protect its environment beyond the federal floor.