EPA officially moves to reverse emissions rules

The Environmental Protection Agency has begun the process of reversing and overturning several vehicle emissions regulations.

Under the administration of Lee Zeldin, the Environmental Protection Agency (EPA) has begun the process of reversing and overturning several vehicle emissions regulations, including the Advanced Clean Trucks rule, along with other California regulations. This move could complicate future administrations’ ability to restore these rules.

On February 14, the EPA announced that it will send three regulations issued during the Biden administration to Congress: Advanced Clean Cars II, Advanced Clean Trucks, and the Heavy-Duty Omnibus rule. According to the Congressional Review Act, Congress will review these rules and could overturn them with a simple majority.

Congressional Review Act

In 2019, the EPA under the Trump administration revoked the exemption for Advanced Clean Cars, marking the first time a California exemption was eliminated. However, the Biden administration restored the exemption. Now, the EPA is using the Congressional Review Act, which requires agencies to submit their major rules to Congress for review. Under this law, Congress has 60 days from the rule’s effective date to approve a joint resolution of disapproval that invalidates the rule.

The Trump administration is taking advantage of a loophole in the Congressional Review Act for the Advanced Clean Trucks rule, which was approved in March 2023 but was not submitted to Congress for review by the EPA. According to the Congressional Review Act, a rule must be reviewed by Congress or published in the Federal Register to go into effect. Since Advanced Clean Trucks was not submitted for review, the EPA could restart the process, effectively resetting the 60-day review period.

If Congress revokes the exemptions for Advanced Clean Trucks, a future administration would not be able to reinstate it, as the Biden administration did with Advanced Clean Cars. Under the Congressional Review Act, a rule overturned by Congress cannot be reinstated without new legislation.

Response of the transportation industry

The Owner-Operator Independent Drivers Association (OOIDA) celebrated this step, arguing that it protects small business truckers from California-imposed regulations. OOIDA emphasized that the high investments required for commercial electric vehicles and the lack of charging infrastructure make these options unfeasible for truckers, in addition to the fact that emissions regulations have raised vehicle costs.

On the other hand, some industry associations expressed their willingness to work with regulators to find solutions that promote a cleaner environment, but pointed out that the electrification of commercial transportation faces significant challenges. Kevin Weeks, executive director of the Massachusetts Trucking Association, stressed that current technologies, costs, and infrastructure are not yet ready for a widespread transition to electric trucks, which could hinder the achievement of emission reduction goals.

In Washington, the implementation of Advanced Clean Trucks has also been a topic of debate. Sheri Call, president of the Washington Trucking Association, emphasized that a fragmented approach between states could slow progress toward decarbonizing the sector. The president of the American Trucking Associations, Chris Spear, opposed California having control over national policies and the regulation of the supply chain, highlighting that the Trump administration opened a path for Congress to reclaim decision-making authority over these rules.