Mullin Moves to Repeal California EV Waivers

Washington, D.C. – On Thursday, the Senate passed H.J. Res. 89, Mullin Low NOX Regulation CRA. The final step of the three joint resolutions, introduced by U.S. Senators Markwayne Mullin (ROK), Shelley Moore Capito (R-WV), and Deb Fischer (R-NE), of disapproval under the Congressional Review Act (CRA) to repeal California’s EV waivers that prohibit the sale of new gas-powered lightduty vehicles by 2035, and set unrealistic and stringent emission requirements for heavyduty trucks and heavyduty diesel engines.

“California’s anti-consumer choice waivers have driven up the costs of heavy-duty vehicles and engines, undermined the free flow of interstate commerce, and stirred up regulatory disarray for commercial truck manufacturers and interstate fleet operators. As a truck driver myself, I am grateful to my colleagues for joining me in putting a stop to California’s extreme EV mandates that jeopardize our entire nation’s supply chain and economy. Hardworking Americans and business owners will no longer be beholden to California’s radical and expensive regulations on heavy-duty highway and off-road vehicles and engines,” said Senator Mullin.

Background:

• Senator Mullin’s CRA, the ‘Omnibus’ Low NOx Regulation, overturns a Biden EPA approved waiver that allowed California to enforce overly burdensome Nitrogen Oxide emission limits regulations for heavy-duty highway and off-road vehicles and engines.

• The regulation includes longer emission control system warranties, new cold start emission requirements, and extended durability requirements over a vehicle’s operational life.

• This waiver applies to model year 2024 and later on-road heavy-duty Otto-cycle and heavy-duty diesel engines used to operate Class 3-8 medium- and heavy-duty vehicles, including drayage trucks, buses (except transit buses), refuse trucks and other commercial work vehicles.

• In California alone, the California Air Resources Board estimated that over 43,000 jobs would be eliminated by the Low NOx regulation.