NESCAUM Statement on EPA’s Latest Attempt to Inappropriately Use the Congressional Review Act on Clean Air Act Waivers

(July 13, 2026, Boston, MA)

On June 12, 2026, the U.S. Environmental Protection Agency (EPA) transmitted four “waivers of preemption” to Congress for review under the Congressional Review Act. EPA granted these waivers to California years ago pursuant to the Clean Air Act. Under the Clean Air Act, California is authorized to establish motor vehicle emission standards, provided that California receives a waiver from EPA, and other states can opt-in to California’s standards in lieu of federal standards. EPA’s action targets California’s first Advanced Clean Cars (ACC I) program, which phased in emissions standards from model years 2015 to 2025 to reduce pollution from light-duty cars and trucks in California and the other states that adopted the standards. Notably, the ACC I standards have been fully and successfully phased in at this point.

EPA’s attempt to undo longstanding waivers for state programs that cost-effectively reduce air pollution and improve public health, while saving people money at the gas pump and on medical costs, is a tremendous waste of time and taxpayer money. At a time when Americans are struggling because of high inflation rates and gasoline prices, EPA’s transmittal of these waivers to Congress is tone deaf and an unnecessary distraction from the very real affordability crisis that Americans are facing. Moreover, EPA waivers of preemption are beyond the scope of the Congressional Review Act because they are not rules subject to the Act. Instead of using questionable tactics to belatedly attack California and other states’ long-held ability to set standards to reduce harmful pollution from cars and trucks, EPA should focus on fulfilling its statutory obligations to protect human health and the environment.

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About NESCAUM

NESCAUM is the regional non-profit association of state air pollution control agencies in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. NESCAUM serves as a technical and policy advisor to its member agencies on a wide range of air pollution and climate issues and facilitates multi-state initiatives to improve air quality and mitigate climate change. For more than three decades, NESCAUM and its members have closely collaborated with California and other states, the EPA, and the automobile industry to promote low- and zero-emission vehicles.

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