The Senate version of the Stop CARB (California from Advancing Regulatory Burden) Act, S.5038, has been referred to the Committee on Environment and Public Works; Sens. Ted Cruz (R-Texas), Cynthia Lummis (R-Wy.), Cindy Hyde-Smith (R-Miss.), Steve Daines (R-Mont.), and Pete Ricketts (R-Neb.) are co-sponsors. The House version, H.R.9574, was referred to the Committee on Energy and Commerce; its co-sponsors are Reps. Byron Donalds (R-Fla.), Scott Perry (R-Pa.), Eric Burlison (R-Mo.), Lauren Boebert (R-Colo.), Wesley Hunt (R-Texas), Brian Babin (R-Texas), and Randy Weber (R-Texas).
According to a fact sheet released by Sen. Mike Lee’s office, in 1970 Congress passed the Clean Air Act (CAA), authorizing the Environmental Protection Agency (EPA) to establish air quality standards and issue vehicle emissions standards. The CAA granted California the ability to issue its own air quality and emissions standards if the state-issued standards were more stringent than the EPA’s. Through the California Air Resources Board (CARB), California may apply for waivers from the CAA standards. This allows the state to set emissions standards higher than federal levels.
“The California Air Resources Board (CARB) has used its waiver exemption from the Clean Air Act (CAA) to eliminate the sale, and eventually the use, of all gas-powered vehicles in the state of California,” according to the announcement released by Rep. Nehls’ office. “Most recently, CARB has targeted locomotive diesel engines.”
CARB is currently seeking EPA authorization for its In-Use Locomotive Rule, which would ban any locomotive that is 23 years or older from operating in California starting in 2030 and require that new locomotives only operate in the state if they are “zero-emissions,” beginning in 2030 for switch, industrial, and passenger locomotives and 2035 for line haul locomotives. The Association of American Railroads (AAR) opposes the new rule, and last year, along with the American Short Line and Regional Railroad Association (ASLRRA), filed a lawsuit, on behalf of their members, challenging the CARB rule, which they said “would limit the useful life of today’s locomotive fleet (more than 25,000 locomotives) and mandate their premature replacement with zero-emissions locomotives.”
“In the short line railroad industry, CARB’s proposed rule would force railroads to set aside funds to acquire locomotives that are not commercially available, not viable at-scale, and not affordable for these small businesses,” ASLRRA President Chuck Baker said in a statement included in both Sen. Lee’s and Rep. Nehls’ Stop CARB Act announcements. “It ignores and upends the fundamental business model of short line railroads and threatens the critical link in the supply chain we represent. Furthermore, the rule is illegal, pre-empted by federal law, and evades any effort to recognize how it will uniquely impact small businesses.”
“When it comes to the in-use locomotive rule, the California Air Resources Board remains hell bent on requiring railroads to purchase zero-emissions locomotives that are not even on the market today,” added AAR President and CEO Ian Jefferies in a statement included in Sen. Lee’s STOP CARB Act announcement. “The policy further defies logic as it will dramatically handicap the most environmentally friendly way to move goods over land as well as businesses and consumers across the nation. Sen. Lee’s legislation will help rein in CARB’s unreasonable agenda and protect Americans from undue economic harm.”
Commenting on the bills’ introduction, Frank N. Wilner said: “Call this the ‘Shower Me with PAC Contributions’ bill, introduced in the twilight of the 118th Congress by far-right Republicans best recognized as having spooned extra crunchy peanut butter into the wheels of a Congress that can’t even agree on how to fund government to prevent a shutdown. If the legislation even reaches the House floor for a vote, it faces a Mt. McKinley climb for passage, while its prospects in the Democratic controlled Senate are on a par with third-party candidates in a Presidential race. The objective makes eminent good sense. But these are not the horses railroads require to stop California’s far-left environmental policies; and tying the industry to these folks will make the effort even more onerous.”
Further Reading:
- Rail Emissions Regulation on Wrong Track
- A CARB By Any Other Name
- South Coast AQMD Seeks Limits on Rail Yard Emissions
- Subcommittee Examines CARB’s In-Use Locomotive Regulation
- CARB Rule Discussed at Investigations and Oversight Subcommittee Hearing
- Seven Reasons to Love CRISI Grants
- Hydrogen Finds its Place in California
- CARB’s Unattainable Rail Mandate
- BIG Reason to Blow Up CARB’s Unrealistic ‘In-Use Locomotive Rule’
- Industry Groups Urge EPA to Deny CARB Rule
- VW Mitigation Trust Funding Available to Short Lines in Calif.
- ASLRRA: More Comments on CARB ‘Unworkable’ Regs
- Railroads File Suit Over CARB’s New In-Use Locomotive Regulation (Updated with TD Cowen Commentary)
- CARB Passes New In-Use Locomotive Regulation (Updated 5/3)
