WASHINGTON (AP) — On Thursday, Senate Republicans introduced a joint resolution to overturn the Biden administration’s recent emissions reduction rule for trucks, which they claim is too costly for truckers and consumers.
The rule, finalized by the EPA in December and set to take effect on March 27, establishes stringent new standards for nitrous oxide and other pollutants in heavy-duty trucks beginning no later than model year 2027.
Senator Deb Fischer of the United States
Truck manufacturers, large carriers, and owner-operators immediately raised red flags. Now, 34 Senate Republicans, led by Deb Fischer, R-Neb., are speaking out.
“The Biden Administration is burdening the trucking industry with onerous regulations that will raise vehicle costs and harm good-paying jobs,” Fischer claimed.
“This aggressive EPA rule — which will hit mom and pop truck operations the hardest — is also ineffective, because it incentivizes operators to keep using older, higher-emitting trucks for longer. The last thing this country needs during a period of high inflation and supply chain disruptions is higher freight costs and fewer truckers.”
Sen. Roger Marshall, R-Kan., said the rule would be especially burdensome in his home state, where 98% of trucking companies operate 25 or fewer trucks.
“Under this new rule, these small businesses will bear the brunt of the cost, which requires them to spend up to $8,304 [more] per vehicle to be in compliance,” Marshall explained. “The Biden administration has implemented yet another inflationary policy that our economy does not require.”
Rather than using the traditional legislative process, lawmakers are attempting to expedite the rule’s revocation by invoking the Congressional Review Act (CRA), a law that gives Congress a set time period in which to submit and act on a joint resolution of disapproval.
The CRA has been used to overturn 20 rules since its inception in 1996, including 16 in the 115th Congress (2017-2018) and three in the 117th Congress (2021-2022).
However, because a joint resolution under the CRA can be vetoed by the president, such resolutions have only been successful when the same party controls both houses of Congress during a presidential administration.
“The chances of this passing are pretty much zero,” transportation policy analyst Loren Smith told FreightWaves.
“Even if you can get both the House and Senate to pass it — which is a heavy lift — Joe Biden would veto it. I believe the Senate is attempting this to show voters and donors that they are fighting the administration, as well as to show new members how much they disagree with Biden.”
Senator Jim Risch, R-Idaho, believes the move is merely symbolic. “This communicates to the Biden administration that its egregious green energy policy will harm consumers, small business owners, and our still-fragile supply chain,” he said. “If this CRA is successful, Congress will be able to stop this rule before it causes too much harm.”
