EPA Paves Way for Congress to Repeal California Air Pollution Waivers

  The EPA has submitted an additional set of California’s air pollution rule waivers to Congress for possible repeal under the Congressional Review Act (E&E News).

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 horsepower—which include lawnmowers, weed whackers, chainsaws and other power equipment—produce zero emissions. 
• The Outdoor Power Equipment Institute has sued to remove the rule, “arguing there aren’t enough available alternatives and that electrification could hamper relief efforts in the wake of natural disasters.”
• The NAM filed a brief 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.”