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US Senate Revokes CARB Waivers

The following was a News & Insights report from the RV Industry Association (RVIA).

Last week, the U.S. Senate passed two joint resolutions, H.J.Res.87 and H.J.Res.89, under the Congressional Review Act (CRA). The resolutions had previously been passed by the House.

  • These resolutions seek to revoke waivers previously granted to California under the Clean Air Act, which permit the state to implement more stringent emissions standards for its cars and trucks than federal regulations.
  • The revoked waivers include the California Air Resource Board’s (CARB) Advanced Clean Trucks regulation and Omnibus Low NOx regulation.

California’s response: In response to these Congressional actions, California Governor Gavin Newsom and Attorney General Rob Bonta have announced their intention to file a lawsuit.

  • They contend that the application of the CRA in this context is illegal and deviates from decades of established precedent. According to the release, this position is supported by previous rulings from both the Government Accountability Office and the Senate Parliamentarian, which indicated that the CRA’s process does not apply to these specific waivers.

What changes? Not much for now. Despite the ongoing legal and political challenges, the California Air Resources Board (CARB) has issued guidance indicating its commitment to maintaining current operations.

  • CARB will continue to accept and process manufacturer sales reports for medium- and heavy-duty engines and vehicles under the requirements of the Advanced Clean Trucks regulations.
  • CARB’s stated objective in this approach is to provide stability for manufacturers and consumers, ensure consistent treatment of regulated entities and uphold existing California environmental laws.

Go Deeper: View CARB’s guidance letter to manufacturers…

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