Senate votes to overturn EPA rule

April 27, 2023

Mark Schremmer

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A resolution aimed at overturning the Environmental Protection Agency’s stringent emission mandate for heavy-duty trucks narrowly passed the Senate on Wednesday, April 26.

Utilizing a swing vote from Sen. Joe Manchin, D-W. Va., the Congressional Review Act joint resolution passed with a vote of 50-49.

The EPA’s final rule was announced by the agency in December and took effect on March 27. The rule would impose strict clean air standards for heavy-duty trucks beginning with model year 2027.

In February, Sen. Deb Fischer, R-Neb., introduced a measure to overturn the rulemaking.

“The irony is, the prices of newer vehicles will escalate, incentivizing truckers and businesses to hold onto their older, higher-emitting trucks,” Fischer said on the Senate floor Wednesday. “Smaller, more affordable trucking businesses will close up shop, and the ones that can afford higher prices will raise their rates. This means consumers will be paying more money to a smaller group of businesses.”

Fischer received full support from Republican senators, and Manchin’s vote brought the measure across the finish line.

The anti-EPA emission measure will now move to the House, where Rep. Troy Nehls, R-Texas, already introduced a similar bill.

However, President Joe Biden is expected to veto the measure if it passes the House.

“Over time, the final rule will prevent hundreds of premature deaths, thousands of childhood asthma cases, and millions of lost school days every year for the tens of millions of Americans who live, work, and go to school near roadways with high truck volume including truck freight routes,” according to a White House statement. “If Congress were to pass S.J. Res. 11, the President would veto it.”

The Owner-Operator Independent Drivers Association supports the resolution to overturn the EPA emission mandate.

“If small-business truckers can’t afford the new, compliant trucks, they’re going to stay with older, less efficient trucks, or leave the industry entirely,” OOIDA President Todd Spencer said. “Once again, EPA has largely ignored the warnings and concerns raised by truckers in this latest rule.” LL