Oklahoma U.S. Sen. Markwayne Mullin has long been a critic of the green energy efforts of California. His latest effort is the introduction of joint resolutions of disapproval under the Congressional Review Act to repeal the state’s EV waivers that prohibit the sale of new gas-powered light-duty vehicles by 2035.
He and Sens. Shelley Moore Capitol (R-WV) and Deb Fischer (R-NE) contend the state is wrong to set what they call “unrealistic and stringent requirements for heavy-duty trucks and heavy-duty diesel engines.
The CRA is named the ‘Omnibus’ Low NOx Regulation and would overturn a Biden administration EPA approved waiver to allow California to enforce overly burdensome Nitrogen Oxide (NOx) 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 vehicles 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.
“This waiver imposes significant compliance costs estimated at upwards of $20,000 per truck making it more difficult for small fleets and independent operators to invest in new equipment,” said Sen. Mullin in introducing his measure. He said the California mandate also creates a competitive disadvantage for manufactures and fleets by forcing stricter standards to apply unequally across the country.
“We cannot allow California’s costly and extreme Green New Deal agenda to bankrupt families and eliminate consumer choice for hundreds of millions of American families. Thankfully, after four years of ineffective one-size-fits-all crippling bureaucracy, the Trump administration is bringing back common sense,” he added.
Sen. Capito said the California EV mandate sets extreme and “unrealistic stringent requirements” and fails to meet the Clean Air Act’s requirements for a waiver.
“The American people have made it clear that they want consumer choice – not an EV mandate,” she added.
Sen. Fischer charged the emissions regulation started by California “will cripple the truck manufacturing industry nationwide, overloading companies and truckers with expensive, heavy-handed requirements.”
The ‘Omnibus’ Low NOx Regulation is supported by the following groups: American Trucking Association, American Petroleum Institute, National Automobile Dealers Association.
Full text of the resolution can be found here.
Background:
- In December 2024, EPA granted California’s “Omnibus” low-NOx regulation waiver for heavy-duty highway and off-road vehicles and engines.
- In February 2025, EPA Administrator Zeldin sent over to Congress three of the Biden Administration’s rules granting waivers that allowed California to preempt federal car and truck standards approved by EPA and DOT’s National Highway Traffic Safety Administration. Zeldin’s decision to send over the rules are part of EPA’s “Powering the Great American Comeback” initiative to protect human health and the environment while restoring our economy.
