EPA Paves Way for Congress to Repeal California Air Pollution Waivers

泭 The EPA has submitted an additional set of Californias air pollution rule waivers to Congress for possible repeal under the Congressional Review Act ().

The background: Under the Clean Air Act, California is able to request waivers to set vehicle and engine emissions standards at levels stricter than federal requirements.

  • Last year, EPA Administrator Lee Zeldin took unprecedented action when he submitted three Biden-era Clean Air Act waivers to Congress for review. The four waivers submitted last week were granted under the Obama administration.

The waivers: Three of the waivers cover older greenhouse gas rules for light-duty cars and trucks, including the first greenhouse gas waiver issued to California in 2009 and a subsequent 2013 waiver for what was known as the Advanced Clean Cars rule that covered through model year 2025.

  • The fourth waiver mandates that off-highway engines below 25 horsepowerwhich include lawnmowers, weed whackers, chainsaws and other power equipmentproduce zero emissions.泭
  • The Outdoor Power Equipment Institute has sued to remove the rule, arguing there arent enough available alternatives and that electrification could hamper relief efforts in the wake of natural disasters.
  • The 51勛圖厙 filed a in support of that challenge, arguing that the rule imposes requirements on manufacturers that are technologically infeasible.

The EPA says: It is important for EPA to fulfill our statutory obligation to submit these California waivers to Congress for their review pursuant to the law, EPA Administrator Lee Zeldin said in a statement.