The EPA has submitted four California air pollution waivers to Congress for possible repeal under the Congressional Review Act, according to the National Association of Manufacturers. This marks the second round of waivers EPA Administrator Lee Zeldin has sent to lawmakers—the first time such a move was ever taken. Unlike the three Biden-era waivers submitted last year, these four were all granted during the Obama administration and cover everything from greenhouse gas standards for cars and trucks to zero-emission mandates for lawn equipment.
Three of the waivers cover older greenhouse gas rules for light-duty cars and trucks. The first is California's initial greenhouse gas waiver issued in 2009, followed by a 2013 waiver for the Advanced Clean Cars rule that extended through model year 2025. The fourth waiver targets off-highway engines below 25 horsepower—lawnmowers, weed whackers, chainsaws, and similar power equipment—requiring them to produce zero emissions. The Outdoor Power Equipment Institute has already sued to overturn this rule, arguing there aren't enough available alternatives and that forced electrification could cripple relief efforts after natural disasters.
In a statement, EPA Administrator Lee Zeldin said it's important for the agency "to fulfill our statutory obligation to submit these California waivers to Congress for their review pursuant to the law." The NAM filed a legal brief supporting the challenge to the zero-emission small engine rule, arguing that it imposes requirements on manufacturers that are technologically infeasible. Under the Clean Air Act, California has the unique ability to request waivers that let the state set vehicle and engine emissions standards stricter than federal requirements—a power no other state possesses.
The move sets up a potential showdown in Congress over California's decades-old authority to lead on air pollution rules. By invoking the Congressional Review Act, the EPA has given lawmakers a pathway to nullify these waivers with a simple majority vote—something that's never been attempted with Clean Air Act waivers before. If Congress acts, it could not only reverse existing California standards but also prevent the EPA from issuing substantially similar waivers in the future. The fight over the small engine rule highlights the broader tension: manufacturers say the mandates ignore real-world feasibility, while California argues its stricter standards are essential to combat air pollution and climate change. What happens next depends on whether Congress takes the bait.