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Amends Section 209(b) of the Clean Air Act to block or limit state rules that would ban or restrict the sale or use of new internal combustion engine (ICE) motor vehicles, and to tighten EPA waiver authority. The bill adds a new subparagraph covering state standards that limit sale/use of new ICE vehicles, imposes limits on EPA waiver determinations, and requires the EPA Administrator to revoke certain waivers granted between January 1, 2022 and the date of enactment if those waivers do not satisfy the new requirement.
In Section 209(b) of the Clean Air Act, in paragraph (1), subparagraph (A): strike the comma at the end and insert a semicolon.
In Section 209(b) of the Clean Air Act, in paragraph (1), subparagraph (B): strike ", or" at the end and insert a semicolon.
In Section 209(b) of the Clean Air Act, in paragraph (1), subparagraph (C): strike the period at the end and insert "; and" (changing end punctuation to continue the list).
In Section 209(b) of the Clean Air Act, add at the end of paragraph (1) a new subparagraph (D) that covers State standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines (as defined in 40 C.F.R. 63.9375 as in effect on January 1, 2023).
Add new paragraph (4) titled "Scope of waivers": the Administrator may not determine that any State standard amended after the date of enactment is within the scope of a waiver granted under paragraph (1) before that date of enactment.
States that have sought to limit sales or use of new internal combustion engine (ICE) vehicles would be directly constrained. The amendment changes the legal standard for EPA waivers, so states attempting to implement more stringent vehicle standards (including sales bans or effective phase-outs of ICE vehicles) could find those rules preempted unless a waiver meets the new statutory requirement. The EPA must review its recent waiver decisions (waivers issued from Jan 1, 2022 to enactment) and revoke any that fail the new test, creating administrative work and possible instability in regulatory expectations.
Automakers and dealers will face greater national uniformity (fewer state-level sales restrictions) but also short-term uncertainty if waivers are revoked and state rules are challenged. Consumers’ choices may be affected by whether states can restrict sale/use of ICE vehicles; changes could influence vehicle availability and pricing in particular states.
Environmental and public-health stakeholders may see slowed state-driven progress on reducing tailpipe pollutants and greenhouse gases where state standards had been used to accelerate electrification or cleaner fleets. Conversely, industry groups favoring uniform national rules may benefit from reduced compliance complexity.
Legal risk is high: revocations and new waiver criteria are likely to prompt litigation from states defending their rules, environmental advocates challenging revocations, or industry parties seeking clarity. No new funding or federal programs are provided, so implementation is limited to administrative actions by the EPA and court processes.
Overall, the amendment changes the federal-state balance on motor vehicle regulation, centralizing authority over limitations on sale/use of new ICE vehicles and inserting a mandatory review/revocation step for recent EPA waivers.
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Read twice and referred to the Committee on Environment and Public Works.
Introduced March 12, 2025 by Markwayne Mullin · Last progress March 12, 2025
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate