This resolution disapproves and nullifies the EPA's rule that allows California to set its own vehicle pollution standards.
Shelley Capito
Senator
WV
This resolution disapproves and nullifies the EPA's rule that allowed California to set its own vehicle and engine pollution control standards. The rule in question is the "Advanced Clean Cars II" and "Waiver of Preemption." By disapproving this rule, the resolution seeks to prevent California from implementing stricter emission standards than the federal government.
This joint resolution takes aim squarely at a recent Environmental Protection Agency (EPA) decision. Specifically, it seeks to disapprove and nullify the EPA rule (cited as 90 Fed. Reg. 642) that granted California the authority to implement its own, tougher vehicle and engine pollution standards, known as the "Advanced Clean Cars II" program. If this resolution passes, the EPA's green light for California's stricter rules would be effectively switched off.
So, what's the backstory? California has long had unique permission, called a "waiver of preemption" under the Clean Air Act, to set emission standards stricter than the federal government's, largely due to its severe air quality problems. The EPA's recent decision reaffirmed this ability for the Advanced Clean Cars II rules, which push for significantly more zero-emission vehicles over time. This resolution uses a tool called the Congressional Review Act (CRA) to try and overturn that EPA decision. Passing this resolution means California would be blocked from enforcing these specific state-level standards.
This isn't just a California issue. Historically, numerous other states have chosen to adopt California's stricter emission standards instead of following the federal baseline. Blocking California's rules could therefore have a ripple effect, potentially preventing these other states from adopting the Advanced Clean Cars II standards as well. For car buyers, this could influence the types and availability of vehicles—particularly electric and hybrid models—in showrooms across the country. It also directly impacts air quality goals, as the nullified rules were designed to significantly cut down on pollutants linked to respiratory issues and climate change.
If this resolution becomes law, the immediate effect is clear: California's Advanced Clean Cars II program is stopped. This could simplify things for automakers by maintaining a single federal standard (or at least preventing California's stricter one), potentially lowering compliance costs in the short term. However, it also represents a significant rollback of state-level environmental regulation aimed at accelerating the shift to cleaner transportation. The long-term consequences could include slower progress on reducing vehicle emissions and potentially worse air quality in states that would have otherwise adopted the stricter standards, impacting public health and environmental goals.