Rules of the Road: Examining Legislation to Modernize the Clean Air Act's Mobile Source Requirements

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · 2026-06-03 · 119th Congress
The House Energy and Commerce Subcommittee on Environment met to examine ten pieces of legislation and discussion drafts updating Title II of the Clean Air Act, which governs emissions from cars, trucks, buses, and locomotives. Begins at 0:55:32
Transcript
Highlights

Title

House panel weighs ten bills to modernize Clean Air Act vehicle rules

Purpose

The House Energy and Commerce Subcommittee on Environment met to examine ten pieces of legislation and discussion drafts updating Title II of the Clean Air Act, which governs emissions from cars, trucks, buses, and locomotives. The hearing focused heavily on California's Clean Air Act waiver authority, diesel exhaust fluid (DEF) inducement requirements, bus idling rules, and reauthorization of the Diesel Emission Reduction Act (DERA), with four witnesses testifying on behalf of industry, environmental, and legal perspectives. Begins at0:55:32

Who spoke

Chairman Troy Balderson / Subcommittee Chair (presiding, referred to as "Mr. Weber"/Chair)0:55:32: Opened by framing the hearing around ten bills to modernize Title II0:55:56 and highlighted the LOCOMOTIVES Act as addressing California's proposed rule that would have banned locomotives 23 years or older, potentially costing rail carriers $800 million annually each0:57:100:57:56.

Rep. Paul Tonko (D-NY), Ranking Member0:59:23: Said transportation is the largest US source of greenhouse gas emissions and over 150 million Americans live in areas failing air quality standards0:59:51; criticized EPA's rescission of the endangerment finding and voiced support for H.R. 2140, the DERA reauthorization1:03:23.

Chairman Brett Guthrie (R-KY), Full Committee Chairman1:03:52: Noted NOx emissions from heavy-duty diesel trucks fell more than 92% over 25 years1:04:22 and said the committee is examining legislation to curb California's attempted EV mandate on railroads1:05:14.

Rep. Frank Pallone (D-NJ), Full Committee Ranking Member1:05:39: Argued Republican bills would raise fuel use and pollution amid a Trump-era gas price spike, citing gasoline over $4.25/gallon and diesel over $51:05:39; cited EPA estimates that DERA projects generated $8 billion in health benefits between 2008–20181:08:56.

Fred Ferguson, President & CEO, American Bus Association1:10:39: Testified in support of the bipartisan BUSSES Act, saying there is no uniform federal idling standard and describing a $650,000 motorcoach's technical needs1:11:07; said New York City's citizen idling complaint program has paid individuals over $500,000/year and cited a single-day $120,000 fine against Academy Bus1:14:252:25:50.

Katherine Garcia, Director, Clean Transportation for All Campaign, Sierra Club1:15:52: Said freight hubs disproportionately expose Black, Latino, and low-income communities to diesel pollution1:16:42 and that nearly half of American children live in counties with failing air-pollution grades1:19:44; later said communities near I-10 live on average ten years less1:59:05.

Jacqueline Gelb, President & CEO, Truck and Engine Manufacturers Association (EMA)1:21:10: Explained selective catalytic reduction (SCR) with diesel exhaust fluid (DEF) achieves over 90% NOx conversion and a 76% reduction in on-highway NOx emissions1:22:391:23:09; supported codifying EPA's DEF guidance and reauthorizing DERA1:25:041:25:33.

Jimmy Conde, Partner, Boyden Gray PLLC1:26:31: Traced Title II's history to the 1965 Motor Vehicle Pollution Control Act and said smog-forming emissions have fallen over 99% since 19701:27:48; recommended Congress repeal California's waiver authority for future model years and bar EPA from considering EVs when setting combustion-engine standards1:29:221:29:42.

Rep. Bob Latta (R-OH)1:30:13: Asked Conde about the CARS Act and EV manufacturer write-downs, with Conde estimating EV sales flatlined even before the mandate took effect1:30:43.

Rep. Kevin Kiley/Rep. from Texas (unidentified by name, referred to as "gentleman from Texas")1:40:19: Pressed Conde on California's waiver impact on interstate commerce and ocean-going vessels, with Conde saying California ports handle about 40% of US freight1:42:16.

Rep. Frank Pallone follow-up questioning of Garcia1:45:40: Asked about the economic ripple effects of higher fuel prices, with Garcia citing gas at $4.26/gallon and diesel at $5.41/gallon1:46:09.

Rep. John Joyce (R-PA)1:50:12: Asked Ferguson whether EV mandates would limit rural motorcoach transportation options, with Ferguson saying electric motorcoach operating costs run about double regular coaches1:51:111:51:39.

Rep. Raul Ruiz (D-CA)1:55:05: Described Imperial County as ranking 13th nationally for ozone pollution, with particulate levels up to ten times federal safety limits1:55:32, and pediatric asthma hospitalizations double the state average1:56:12; opposed bills undermining California's waiver authority1:56:42.

Rep. Buddy Carter (R-GA)2:00:28: Argued the Clean Air Act needs modernizing since it hasn't changed since the 1960s despite a 99% reduction in smog-forming emissions2:00:58; questioned Ferguson on New York's idling enforcement disproportionately targeting motorcoaches2:02:03.

Rep. Scott Peters (D-CA)2:05:03: Noted EPA estimates Clean Air Act benefits exceed costs by more than 30 to 12:05:29; raised concerns about unpermitted gas turbines at Elon Musk's xAI data centers in Memphis and Southaven, Mississippi, emitting up to 2,000 tons of pollutants annually while misclassified as mobile sources2:07:28.

Rep. from Iowa (unidentified by name)2:10:15: Asked Conde and Gelb how Congress could modernize Title II to reduce costs for farmers without harming the environment, with Gelb recommending codifying EPA's DEF guidance2:11:56.

Rep. from North Dakota (unidentified by name, presiding chair for part of hearing)2:30:10: Noted North Dakota has never violated national ambient air quality standards despite being a top oil, gas, and agricultural producer2:30:33; questioned Gelb on DEF sensor issues stranding farmers' tractors in the field2:31:43.

Rep. Buddy Carter (R-LA)2:34:30: Discussed Louisiana communities bearing disproportionate industrial and vehicle pollution burdens2:34:51; asked Garcia about DERA's health and economic benefits for port communities2:38:17.

Rep. from Colorado (unidentified by name, referred to as Mr. Evans)2:39:54: Cited a CBS News report on California gas prices and refinery shutdowns leading to imports from Asian refineries with looser environmental standards2:40:22; asked Gelb and Conde whether closing the "LOCOMOTIVES Act loophole" would prevent pollution from shifting overseas2:42:16.

Rep. Greg Landsman (D-OH)2:44:53: Raised concerns about diesel bus idling exposing his own children and other kids to pollution and asthma risk2:45:16; pressed Ferguson on whether idling rules were forcing bus companies out of business2:47:03.

Key moments

Chairman Guthrie/Balderson said California's proposed locomotive rule would have barred 67% of the locomotive fleet from the state and cost two major rail carriers an estimated $800 million each annually0:57:270:57:56.

Conde testified California's regulatory push since 2012 coincided with median car prices rising 50% while incomes rose only half as much, and said over $100 billion in EV investment write-downs have occurred1:28:552:22:23.

Ferguson said New York City's idling citizen-complaint program has paid individuals over $500,000 per year and that Academy Bus was fined $120,000 in a single day1:14:252:25:50; he said 35% of East Coast motorcoach operators are reducing trips into New York City due to compliance costs averaging $50,000 per company1:53:27.

Gelb testified DEF/SCR technology has driven a 76% reduction in on-highway NOx and a 42% reduction in off-road NOx, accounting for nearly 79% of the nation's total NOx reduction, but said DEF shortages can strand farm and truck equipment, prompting EPA's 2025–2026 guidance for a slower "ramp down" before engine de-rating1:23:091:23:292:33:03.

Sharp exchange between Rep. Ruiz and industry witnesses: Ruiz cited Imperial County pediatric asthma hospitalizations at double the state average and communities near I-10 living ten years less on average, calling opposing arguments "not theoretical"1:56:121:59:34.

Rep. Peters revealed xAI's Memphis and Southaven data centers operate dozens of unpermitted gas turbines (now 40 in Mississippi) emitting up to 2,000 tons of pollutants annually, exploiting a "mobile source" classification loophole that EPA guidance this year said does not apply2:07:562:08:24.

Rep. Evans cited a CBS News report finding no evidence of price gouging behind California's highest-in-nation gas prices, instead attributing it to refinery shutdowns forcing imports of California-blend gasoline from Asian refineries with weaker environmental standards2:40:222:40:46.

Conde argued EPA's prior vehicle-electrification push exceeds statutory authority under the "major questions doctrine," comparing it to West Virginia v. EPA, and said litigation is ongoing1:32:241:32:53.

Rep. Landsman pressed Ferguson on whether idling restrictions had put any bus companies out of business; Ferguson acknowledged none have yet, but pointed to fewer trips into New York and rising compliance costs2:48:172:48:40.

Rep. Barragan noted California's port plug-in shore power system reduces ship pollution and said the Pacific Harbor Line is a national leader in zero-emission locomotive deployment at the Ports of LA and Long Beach2:15:592:18:41.

Garcia and industry witnesses disagreed on regulatory cost claims: Garcia said manufacturers have "exaggerated" compliance costs since the 1970s catalytic-converter fights, while Conde and Gelb emphasized the need for a single national regulatory standard over a state-by-state patchwork1:38:272:43:10.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
Date2026-06-03
TypeHearing
Witnesses
Mr. Jimmy Conde — Partner, Boyden Gay PLLC
Ms. Katherine Garcia — Director, Clean Transportation for All Campaign, Sierra Club
Mr. Fred Ferguson — President & CEO, American Bus Association
Ms. Jacqueline Gelb — President & CEO, Truck and Engine Manufacturers Association
Videoyoutube
Transcript266 caption blocks · 18,438 words · 2:50:39 runtime
EventCongress.gov 119343