WASHINGTON – The U.S. House of Representatives on Wednesday voted to rescind the Environmental Protection Agency’s 2023 approval of California’s plans to require a rising number of zero-emission heavy-duty trucks.

The House also voted to repeal an EPA waiver issued in December under former President Joe Biden for California’s “Omnibus” low-NOx regulation for heavy-duty highway and off-road vehicles and engines.

The U.S. House is set to vote separately on Thursday to bar California’s landmark plan to end the sale of gasoline-only vehicles by 2035 that has been adopted by 11 other states. The EPA in December issued a waiver under the Clean Air Act for the plan.

One issue remains whether Congress can revoke any of the waivers using the Congressional Review Act. In March, the Government Accountability Office said the waivers cannot be repealed under the CRA, which only requires a majority of the U.S. Senate.

California Air Resources Board Responds

The California Air Resources Board said Wednesday the votes violate the Congressional Review Act and nonpartisan analyses of the U.S. Government Accountability Office and the Senate Parliamentarian.

“CARB will continue its mission to protect the public health of Californians impacted by harmful air pollution,” a board spokesperson said.

Republican Representative John James said the rules would increase vehicle prices for consumers and automakers, and would “force costly transitions to electric trucks, driving up prices for goods and disproportionately burdening working families and truckers across the country.”

Under an executive order California Governor Gavin Newsom signed in 2020, California plans to mandate by 2045 that all operations of medium- and heavy-duty vehicles be zero-emission where feasible, shifting away from diesel-powered trucks.

CARB says heavy-duty vehicles greater than 14,000 pounds (6.4 tonnes) comprised 3% of vehicles on California roads, but account for more than 50% of nitrogen oxides and fine particle diesel pollution.

The NOx rule cuts heavy-duty emissions by 90% and is expected to result in $23 billion in health benefits from reduced illnesses and other improvements.

Transportation is the largest source of U.S. greenhouse gas emissions, making up 29% of emissions, and heavy-duty vehicles are the second-largest contributor, at 23%.

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(Reporting by David Shepardson; Editing by Stephen Coates)