The House passed (221-197) H.R.4468, which prohibits the EPA from finalizing, implementing, or enforcing a May 2023 proposed rule that would establish new emissions standards for light- and medium-duty vehicles beginning in model year 2027.

The 2nd spending package that recently passed Congress included an agreement to vote on legislation blocking the implementation of the Biden administration’s tailpipe emissions after the Easter recess at a 60-vote threshold. 

Specifically, this bill limits the authority of the Environmental Protection Agency (EPA) with regard to regulating emissions standards for new motor vehicles. Specifically, the EPA is prohibited from prescribing a regulation related to new motor vehicle emissions standards that (1) mandates the use of any specific technology, or (2) results in limited availability of new motor vehicles based on the type of new motor vehicle engine.

Additionally, the bill prohibits the EPA from finalizing, implementing, or enforcing the proposed rule titled Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles. Among other purposes, the proposed rule includes more stringent greenhouse gas standards for both light-duty and medium duty vehicles starting with model year 2027.

It also amends the Clean Air Act to prevent the EPA from issuing motor vehicle emission and pollution standards that either mandate the use of a specific technology or limit the availability of new motor vehicles based on their engine type. The EPA must modify any existing motor vehicle emission standards within 24 days of enactment to comply with the measure's provisions.

Against the Rule:

Supporters of the bill say EPA's new emission standards are an attempt by the Biden administration to force U.S. automakers and consumers to transition to an electric vehicle fleet within an unfeasible timeframe, which would prevent auto markets from working as they should and ultimately limit the availability of affordable automobiles for many Americans. They say limiting consumer options to primarily EVs would impose a financial hardship on most Americans, given that they are much more expensive than gas engine vehicles to purchase, maintain and insure, and more expensive to "fuel."

They also point out that the infrastructure for driving long distances in EVs has yet to be established, and note that in states with cold winters the cold sharply limits an EV's battery performance and driving range. And given the fact that EV batteries require specific metals and critical minerals, many of which would need to be sourced from China or other countries with poor humans rights records, they say that transitioning to an all EV fleet before the market is ready could create national security risks.

“The Biden Administration’s rule on tailpipe emissions sets unrealistic and unachievable standards that go too far at restricting vehicle choices for American families and pushes our country toward a greater dependence on China,” said Sen. Crapo. “Idahoans deserve access to affordable, reliable vehicles of their choice. I urge the Senate to adopt this amendment.”

“First, the Biden Administration tried to bribe Americans to buy EVs, and now they’re trying to mandate that we all do—years before we have a supply chain that we can rely on. While I do not oppose electric vehicles in the marketplace, I am completely against the federal government telling us what type of car or truck American families can buy. This is not the American way. I am proud to co-lead this bipartisan amendment with Senator Crapo to hit the brakes on this misguided rule that increases our dependence on China while weakening our economy and raises costs for American consumers,” said Sen. Manchin.

For the Rule:

Opponents of the bill say it would directly limit EPA's ability to effectively regulate emissions from motor vehicles, which are one of the main source of greenhouse gases, ozone, and other pollutants in the United States. They say the new standards are critical to improving environmental quality and help to reduce the damaging public health effects of vehicle emissions, and note that past increases in emissions standards have helped prompt the auto industry to make major advances in technology.

They also accuse bill sponsors of presenting misleading or unfounded claims about EVs, including claims about their range, the lack of EVs available to consumers with different budgets, and their net effects on the environment. They say Republicans have also failed to take into consideration the large investments in domestic EV manufacturing in recent years by both the federal government and private automakers that will help make EVs more affordable and cleaner in the coming decades. Democrats say that incentivizing U.S. automakers to focus on EV production through tougher emissions standards will only help spur on the development newer, more affordable EV options.

"The final standards will significantly reduce emissions of greenhouse gases (GHG), hydrocarbons, nitrogen oxides (NOx), and particulate matter (PM2.5) from new passenger cars, light trucks, and larger pickups and vans, helping tackle the climate crisis and resulting in widespread reductions in air pollution. The standards will provide important health benefits to millions of people across the country, including both urban and rural communities near major roadways, which are disproportionately exposed to air pollution from motor vehicles. The standards will phase in gradually over model years (MYs) 2027 through 2032.

"This rule has substantial benefits for society from fuel savings and lowers repair and maintenance costs for clean vehicles. The benefits of this rule will far exceed the total costs, with the annualized value of monetized net benefits to society estimated to be $99 billion through the year 2055. This includes $46 billion in reduced annual fuel costs, and nearly $16 billion in reduced annual maintenance and repair costs for drivers. Consumers are expected to save an average of $6,000 over the lifetime of a new vehicle from reduced fuel and maintenance costs, once the standards are fully phased in." (EPA: Office of Transportation and Air Quality)

Do you think the Senate should also pass H.R.4468, the Choice in Automobile Retail Sales Act?