U.S. Sen. Shelley Moore Capito (R-WV) and U.S. Reps. Cathy McMorris Rodgers (R-WA) and John Joyce (R-PA) advised the Environmental Protection Agency (EPA) to reject California’s waiver proposal from the Clean Air Act.
The Republican lawmakers, joined by U.S. Sen. Markwayne Mullin (R-OK), called the state’s request for a waiver of preemption under Section 209(b) of the Clean Air Act for its Advanced Clean Cars II regulations an attempt to mandate an all-electric vehicle (EV) economy that would eliminate purchasing options for consumers and force the nation to be more reliant on China.
Specifically, California’s request that the EPA grant it a Clean Air Act waiver would enable the state to require 35 percent of automobile sales to be zero-emission vehicles (ZEVs) in model year 2026, and finally, 100 percent of them by 2035.
“Granting a waiver for this radical regulation is legally suspect and does not conform with the process for past waivers granted to the state for previous regulations,” the lawmakers wrote in a Feb. 27 letter sent to EPA Administrator Michael Regan.
“Worse, administratively permitting California a waiver of its administratively created requirements would forcibly transform the national auto market and limit purchasing options to expensive EVs, which most Americans and Californians do not want and cannot afford,” wrote the lawmakers in their bicameral letter.
Further, granting this waiver would make the United States more reliant on China for the critical minerals needed for EV batteries, adding cost and instability to the EV supply chain, they added.
Sen. Capito is ranking member of the Senate Environment and Public Works Committee, Rep. McMorris Rodgers serves as chair of the House Energy and Commerce Committee, and Rep. Joyce is vice chair of Energy and Commerce’s Environment, Manufacturing, and Critical Materials Subcommittee.
The members also pointed out that approving California’s waiver request “clearly runs afoul of multiple provisions” of not only the Clean Air Act, but also the Energy Policy and Conservation Act.
“We urge you to follow the law and stand by your commitments to Congress in resolutely denying this backdoor national ZEV mandate being pursued by a single state,” the lawmakers wrote.