[House Report 118-171]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-171

======================================================================
 
             CHOICE IN AUTOMOBILE RETAIL SALES ACT OF 2023

                                _______
                                

 September 1, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                       [To accompany H. R. 4468]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4468) to prohibit the Administrator of the 
Environmental Protection Agency from finalizing, implementing, 
or enforcing a proposed rule with respect to emissions from 
vehicles, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     8
Committee Votes..................................................     9
Oversight Findings and Recommendations...........................    13
New Budget Authority, Entitlement Authority, and Tax Expenditures    13
Congressional Budget Office Estimate.............................    13
Federal Mandates Statement.......................................    13
Statement of General Performance Goals and Objectives............    13
Duplication of Federal Programs..................................    13
Related Committee and Subcommittee Hearings......................    13
Committee Cost Estimate..........................................    14
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    14
Advisory Committee Statement.....................................    14
Applicability to Legislative Branch..............................    14
Section-by-Section Analysis of the Legislation...................    14
Changes in Existing Law Made by the Bill, as Reported............    16
Minority Views...................................................    32

                          Purpose and Summary

    The purpose of H.R. 4468 is to prohibit the Administrator 
of the Environmental Protection Agency (EPA) from finalizing, 
implementing, or enforcing a regulation with respect to 
emissions from light-duty and medium-duty vehicles starting 
with model year 2027; to prevent EPA from mandating the use of 
specific technology in new motor vehicles or issuing rules that 
result in limited availability of vehicles to end-use consumers 
based upon the engine in that vehicle; and to preserve American 
automobile manufacturing and protect access for American 
consumers to choose affordable, reliable, and functional 
automobiles for their needs.

                  Background and Need for Legislation


                          AMERICA AND THE CAR

    The automobile was a key force for change in twentieth-
century America, becoming one of the backbones of a consumer 
goods-oriented society,\1\ providing upward mobility and 
personal freedom, spawning the growth of suburbs, and ending 
rural isolation from medical care and schools.\2\ A total of 
278,063,737 personal and commercial vehicles were registered to 
drivers in the U.S. in 2021; and 91.7 percent of households had 
at least one vehicle that same year.\3\
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    \1\See ``Automobile History,'' History.com Editors, August 21, 
2018.
    \2\Id.
    \3\See ``Car Ownership Statistics 2023,'' Forbes, August 17, 2023.
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    Yet, despite the reliance on the car to commute to work or 
school, handle personal or other employment obligations, and 
travel long distances; Americans have not settled for accepting 
just any model of vehicle. Affordable and reliable automobiles 
are a hallmark demand of Americans to help them meet their 
transportation needs. This demand dates to the first modern 
motor cars when the central problem of automotive technology 
was reconciling the advanced design of the 1901 Mercedes with 
the moderate price and low operating expenses of the Olds\4\ 
and continues today.\5\
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    \4\See note 1.
    \5\See ``Worth the Watt: A Brief History of the Electric Car, 1830 
to Present,'' Car and Driver, March 31, 2023.
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       THE ENVIRONMENTAL PROTECTION AGENCY AND THE CLEAN AIR ACT

    Title II of the Clean Air Act (CAA) addresses mobile 
(transportation-based) sources of air pollution emissions via 
the tailpipe by seeking to reduce pollutants from both on-road 
and nonroad vehicles (vehicle emission standards), as well as 
transportation (gasoline & diesel) fuel (fuel controls). It 
calls for air pollutant emissions standards applicable to new 
motor vehicles and new motor vehicle engines, as well as 
nonroad vehicles and nonroad engines--these address air 
pollutants, including particulate matter (PM), nitrous oxide 
(NOx), and greenhouse gases (GHGs).
    Within Title II, CAA section 202 provides the Environmental 
Protection Agency (EPA) with the authority to set emission 
standards for new motor vehicles. Standards under section 
202(a) take effect ``after such period as the Administrator 
finds necessary to permit the development and application of 
the requisite technology, giving appropriate consideration to 
the cost of compliance within such period.'' The EPA must 
consider issues of technological feasibility, the cost of 
compliance, and lead time.\6\ The EPA also may consider other 
factors, including the impacts of potential standards on 
emissions of air pollutants and associated public health and 
welfare effects, impacts on the automotive industry, impacts on 
the vehicle purchasers/consumers, oil conservation, energy 
security and other energy impacts, safety, and other relevant 
considerations.\7\
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    \6\See ``Multi-Pollutant Emissions Standards for Model Years 2027 
and Later Light-Duty and Medium-Duty Vehicles,'' 88 Fed. Reg. 87, May 
5, 2023.
    \7\Id.
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    Beginning in 2010, EPA began to interpret CAA section 202 
as providing the Agency authority to regulate greenhouse gas 
(GHGs) emissions from cars and trucks. CAA section 202 requires 
the EPA administrator to prescribe ``standards applicable to 
the emission of any air pollutant from any class or classes of 
new motor vehicles or new motor vehicle engines,'' which EPA 
believes ``cause, or contribute to, air pollution which may 
reasonably be anticipated to endanger public health or 
welfare.'' Between 2010 and the end of 2022, EPA had 
promulgated three rounds of GHG standards for light-duty 
vehicles, covering model years 2012-2026, and two rounds of GHG 
standards for medium- and heavy-duty trucks, covering model 
years 2014-2027.
    On April 12, 2023, EPA announced new, more ambitious 
standards to reduce air pollutant emissions from light-duty and 
medium-duty vehicles starting with model year 2027.\8\ The 
proposal, published May 5, 2023, builds upon EPA's final 
standards for federal greenhouse gas emissions standards for 
passenger cars and light trucks for model years 2023 through 
2026, and the proposed standards would phase in over model 
years 2027 through 2032.\9\ According to EPA, these ``proposed 
standards are projected to accelerate the transition to 
electric vehicles'' and the Agency ``projects that EVs could 
account for 67% of new light-duty vehicle sales and 46% of new 
medium-duty vehicle sales in MY 2032.''\10\ EPA received more 
that 252,400 comments on this rule and had 359 comments posted 
to its rulemaking docket,\11\ including a statement from the 
Alliance for Automotive Innovation which called the proposal 
``neither reasonable nor achievable in the timeframe 
provided.''\12\
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    \8\See ``Biden-Harris Administration Proposes Strongest-Ever 
Pollution Standards for Cars and Trucks to Accelerate Transition to a 
Clean-Transportation Future,'' Environmental Protection Agency, April 
12, 2023.
    \9\See ``Multi-Pollutant Emissions Standards for Model Years 2027 
and Later Light-Duty and Medium-Duty Vehicles,'' 88 Fed. Reg. 87, May 
5, 2023.
    \10\Id.
    \11\See ``Multi-Pollutant Emissions Standards for Model Years 2027 
and Later Light-Duty and Medium Duty Vehicles: Rulemaking Docket,'' 
Environmental Protection Agency, August 2023.
    \12\See ``Comment Submitted by Alliance for Automotive 
Innovation,'' Posted by the Environmental Protection Agency, May 22, 
2023.
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 THE CHALLENGES OF CONVERTING THE UNITED STATES TO A LARGELY ELECTRIC 
                           FLEET OF VEHICLES

Critical Minerals

    Energy technology for electric vehicles (EVs) requires a 
specific mix of critical materials, including critical minerals 
and rare earth elements. The International Energy Agency (IEA) 
emphasized, ``[m]inerals offer a different and distinct set of 
challenges, but their rising importance in a decarbonizing 
energy system requires energy policy makers to expand their 
horizons and consider potential new vulnerabilities.''\13\ As 
production increases to meet demand, current challenges with 
critical mineral mining, processing, and refining will only 
intensify.
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    \13\See ``The Role of Critical Minerals in Clean Energy 
Transitions,'' International Energy Agency, March 2022.
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    The United States Geological Survey's (USGS) 2022 list of 
critical minerals includes 50 unique commodities, and the 
Energy Act of 2020 requires the Department of the Interior to 
update a list of critical minerals at least every three 
years.\14\ The most recent list includes aluminum, chromium, 
cobalt, copper, manganese, nickel, and zinc.\15\ The Department 
of Energy (DOE) defines rare earth elements as 17 elements\16\ 
that ``play a critical role to our national security, energy 
independence, environmental future, and economic growth.''\17\ 
Sixteen of the 17 individual rare earth elements are included 
in the 2022 USGS list of critical minerals.\18\
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    \14\P.L. 116-260.
    \15\See ``2022 Final List of Critical Minerals,'' DOI-2021-0013, 
Department of the Interior, U.S. Geological Survey, February 22, 2022.
    \16\See the list of 17 rare earth elements from the ``Report on 
Rare Earth Elements from Coal and Coal Byproducts,'' Department of 
Energy, January 2017.
    \17\See ``Rare Earth Elements,'' Department of Energy, April 2023.
    \18\Id.
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    EV batteries rely upon five critical minerals: lithium, 
cobalt, manganese, nickel, and graphite.\19\ Compared to a 
conventional internal combustion engine car, an electric car 
requires six times the mineral inputs.\20\ Furthermore, IEA 
estimated that the demand for lithium will increase by 43 times 
by 2040.\21\
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    \19\See ``Critical Minerals in Electric Vehicle Batteries,'' 
Congressional Research Service, August 29, 2022.
    \20\See ``The Role of Critical Minerals in Clean Energy 
Transitions: Mineral Requirements for Clean Energy Transitions,'' 
International Energy Agency, March 2022.
    \21\Id.
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China

    Critical minerals are crucial for EVs and batteries, and 
China dominates much of the supply chains for EV batteries. 
According to a recent Brookings report:
           China refines 68 percent of nickel globally, 
        59 percent of lithium, and 73 percent of cobalt;
           China dominates global production of battery 
        cells, including 70 percent of cathodes, 85 percent of 
        anodes, 66 percent of separators, and 62 percent of 
        electrolytes;
           China has 78 percent of the world's cell 
        manufacturing capacity for EV batteries;
           Three-fourths of the world's lithium-ion 
        battery mega-factories are in China; and
           China is ``the largest consumer of the 
        minerals it refines.''\22\
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    \22\See ``China's Role in Supplying Critical Minerals for the 
Global Energy Transition: What Could the Future Hold?'' Brookings, 
August 1, 2022.
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    Meanwhile, China is unquestionably the largest emitter of 
greenhouse gas emissions in the world, far surpassing all other 
developed countries.\23\ Consequently, a push for overwhelming 
U.S. vehicle consumers primarily with EVs, without first 
building out our domestic critical minerals supply chains, 
means we will be dependent upon China and its environmental 
practices.
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    \23\See ``Global Emissions,'' Center for Climate and Energy 
Solutions (C2ES), August 4, 2023.
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Negative Environmental Impacts

    The IEA has identified several negative environmental 
impacts associated with critical minerals production around the 
world, such as increased greenhouse gas emissions from mining 
and processing, environmental degradation due to changes in 
land use, pollution of the surrounding air and water resources, 
and waste from excavation.\24\ Additionally, raw ores need to 
be processed into usable minerals for renewable technologies. 
In 2019, China was found to contribute 27 percent of all global 
greenhouse gas emissions--more than all the other nations of 
the earth, combined.\25\ Moreover, to help fuel these efforts, 
China permitted two new coal power plants per week in 2022.\26\
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    \24\See ``The Role of Critical Minerals in Clean Energy 
Transitions: Sustainable and Responsible Development of Minerals,'' 
International Energy Agency, March 2022.
    \25\See ``New report says China emits more greenhouse gases than 
all other developed nations combined,'' The Hill, May 7, 2021.
    \26\See ``China Permits Two New Coal Power Plants per Week in 
2022,'' Centre for Research on Energy and Clean Air and the Global 
Energy Monitor, February 27, 2023.
---------------------------------------------------------------------------
    Additionally, EVs do not necessarily provide environmental 
benefits through reduced emissions. Over its lifetime, an EV 
only has lower emissions than an internal combustion engine 
vehicle if it travels between 28,069 and 68,160 miles and 
remains in service for more than 10 years--circumstances which 
are not being realized today.\27\
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    \27\See Written Testimony of Ashley Nunes, Director, Federal 
Policy, Climate and Energy, The Breakthrough Institute, before the 
Committee on Energy and Commerce, April 26, 2023.
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    EVs also have significant impacts on land and land use. 
According to Mark Mills of the Manhattan Institute, who 
testified before the Committee, one EV battery requires the 
extraction of 100,000 pounds of ore (60,000 pounds of cobalt 
ore, 20,000 pounds of lithium brine, 12,000 pounds of copper 
ore, 10,000 pounds of nickel ore, and 2,000 pounds of graphite 
ore).\28\ The mining of 100,000 pounds of ore requires miners 
to dig up 500,000 pounds of earth--and that is just for one 
battery.\29\
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    \28\See ``Electric Vehicles for Everyone? The Impossible Dream,'' 
Mark Mills, July 12, 2023.
    \29\Id.
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Human Rights Abuses

    Human rights abuses are also pervasive in some of the 
world's largest critical minerals purveyors. For instance, 70 
percent of global cobalt production, which is essential for EV 
batteries, occurred in the Democratic Republic of the Congo--
home to more than half of worldwide cobalt reserves.\30\ 
Approximately 40,000 Congolese children conduct ``artisanal and 
small-scale mining'' practices where these children search for 
critical minerals by digging with their hands.\31\ Forced labor 
(i.e., enslavement) and child labor concerns are not unique to 
the Congo. Lithium-ion batteries from China are considered to 
include inputs produced with child labor.\32\
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    \30\See ``Mineral Commodity Summaries 2022: Cobalt,'' United States 
Geological Survey, 2022.
    \31\See ``The DRC Mining Industry: Child Labor and Formalization of 
Small-Scale Mining,'' Wilson Center, September 1, 2021.
    \32\See ``List of Goods Produced by Child Labor or Forced Labor,'' 
Department of Labor, Bureau of International Labor Affairs, September 
28, 2022.
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National Security Risks

    Finally, national security risks cannot be ignored when 
considering policies that provide major economic advantages to 
global adversaries while simultaneously diminishing U.S. 
influence internationally and voluntarily placing major 
financial burdens on U.S. consumers. The IEA stressed that, 
``critical minerals threaten a decades-long trend of cost 
declines for clean energy technologies.''\33\ On EVs 
specifically, the National Wildlife Federation emphasized that, 
``the fluctuating price of critical minerals can greatly affect 
battery price,'' which in turn impacts the overall price of an 
EV.\34\ The price of lithium, a key input for EV batteries, 
increased by 738 percent from January 2021 to March 2022.\35\ 
Prices for cobalt, nickel, aluminum, and copper all 
significantly increased over the same time period and raised 
the cost of wind turbines by 9 percent and solar PV modules by 
16 percent.\36\
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    \33\See ``Critical Minerals Threaten a Decades-Long Trend of Cost 
Declines for Clean Energy Technologies,'' International Energy Agency, 
May 18, 2022.
    \34\See ``Critical Minerals for Clean Energy Reference Guide,'' 
National Wildlife Federation, 2022.
    \35\See ``Lithium prices hit record high as market pricing takes 
hold,'' Benchmark, December 14, 2022.
    \36\See ``The Role of Critical Minerals in Clean Energy 
Transitions: Mineral Requirements for Clean Energy Transitions,'' 
International Energy Agency, March 2022.
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    Geopolitical events also influence commodity pricing for 
critical minerals. On March 8, 2022, the London Metal Exchange 
suspended nickel trading after the price of the commodity 
doubled to over $100,000 per ton in response to Russia's 
invasion of Ukraine and coordinated sanctions by various 
countries.\37\ Russia accounted for 9.3 percent of nickel 
production in 2021 and represented the third largest producing 
country.\38\
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    \37\See ``LME Forced to Halt Nickel Trading, Cancel Deals, After 
Prices Top $100,000,'' Reuters, March 8, 2022.
    \38\See ``Distribution of Mine Production of Nickel Worldwide in 
2021, by Country,'' Statista, March 3, 2023.
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             THE U.S. VEHICLE LANDSCAPE AND U.S. CONSUMERS

    As recently as 2021, data for light-duty vehicle 
registrations in the United States demonstrates that Americans 
chose a diversity of engine types and car classes to meet their 
needs. Specifically, 93.8 percent of these registrations were 
for cars powered by gasoline or ethanol/flex fuel, 0.33 percent 
operated on diesel or biodiesel, almost 0.02 percent were 
hybrid vehicles, and 0.008 percent were plug-in hybrid or 
battery electric vehicles.\39\
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    \39\See, ``Vehicle Registration Counts by State,'' U.S. Department 
of Energy Office of Energy Efficiency & Renewable Energy, 2022.
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                         ELECTRIC VEHICLE COSTS

    American consumers are directly impacted by the cost of 
vehicles. According to Kelley Blue Book, the average price of 
an EV is $65,291, which is $17,197 more than the average price 
of an internal combustion engine vehicle.\40\ Insurance for an 
EV is also $44 more expensive per month or $528 more expensive 
per year than insurance for gas-powered cars.\41\ Pricing is 
especially important, because access to a car is tied to 
improved economic outcomes for low-income households. 
Additionally, any Inflation Reduction Act funding intended to 
subsidize the final purchase price and thus the growth of EV 
sales among certain Americans ends in 2032 when EPA's rule--
mandating two-thirds of new motor vehicles sold be EVs--becomes 
fully effective.
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    \40\See ``Electric Car FAQ: Your Questions Answered,'' Kelley Blue 
Book, October 31, 2022.
    \41\See "Electric car insurance 2023 guide", Policygenius, December 
29, 2022.
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    The costs of fueling differing types of new vehicle engines 
has also been part of the argument in favor of having the 
government require EVs to flood the marketplace. Yet, a study 
by the Anderson Economic Group (AEG) found that trucks cost 
about the same to fuel and charge, while entry and midlevel 
cars and SUVs cost more to charge at home and in public than 
they do to fuel at a gas station.\42\ AEG found the cost to 
charge an entry-priced ICE cars and crossovers was ``around 
$9.78 per 100 purposeful miles,'' but an entry-priced EV 
charged mostly at home was $12.55 and an EV charged mostly at 
commercial charging stations was $15.97.\43\ In addition, AEG 
found the cost to charge mid-priced ICE cars and crossovers was 
``approximately $11.08 per 100 purposeful miles,'' but a mid-
priced EV charged mostly at home was $12.62, and an EV charged 
mostly at commercial charging stations was $16.10.\44\ In the 
luxury segment, consumers of electric vehicles who charged 
mostly at home paid around $13.50 per 100 miles, as opposed to 
$17.56 for the ICE version. Consumers of luxury electric 
vehicles who charged commercially paid $17.81 per 100 
miles.\45\ This study was based on the latest information on 
gas and residential electricity prices, commercial charging 
prices, tax rates on fuel and electric cars, fuel economy 
details, and more to compare the cost of fueling versus 
charging for 100 miles of driving. Moreover, unlike studies 
that only compare gas and electricity costs, the AEG study 
amortized other costs, like charging installation and EV 
registration fees, as part of the cost of home charging, as 
well as time spent driving to and waiting at a station as a 
cost part of commercial charging.
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    \42\See ``Some Cars Cheaper to Fuel with Gas than Electric in 
2023,'' Anderson Economic Group, August 1, 2023.
    \43\Id.
    \44\Id.
    \45\Id.
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    EV consumers are faced with a myriad of hidden costs in 
addition to the vehicle and fuel itself. If consumers choose to 
install a charging station at home, J.D. Power estimates that 
the price could be as much as $50,000 depending on labor and 
existing electric wiring.\46\ Focusing on charging equipment 
specifically, Level 2 chargers are the most common at-home EV 
charging stations and cost an average of $1,200 to $2,500 per 
charger.\47\ Another significant cost of EV ownership is the 
cost of battery replacement. If not covered under warranty, 
consumers would have to pay between $5,000 and $20,000 to 
replace an EV battery.\48\
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    \46\See ``How Much Does It Cost to Install an EV Charger?'' J.D. 
Power, December 11, 2022.
    \47\Id.
    \48\See ``Updated: Electric Car Battery Replacement Costs,'' 
Recurrent Auto, March 26, 2023.
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                     ELECTRIC VEHICLE FUNCTIONALITY

    There is also the issue of vehicle range and functionality. 
An EV's driving range and electric car mileage per charge 
varies, but typically drivers can expect the median of 234 
miles in a single charge--factors that can affect an EV's 
range, including weather, battery size, and towing weight.\49\ 
Conversely, the median range of gasoline vehicles in the United 
States is 403 miles per fill-up. The Subcommittee on 
Environment, Manufacturing, and Critical Materials received 
testimony from the President of the Minnesota Automobile 
Dealers Association (MADA) that in colder weather areas the 
``need to defrost and heat a vehicle can reduce the batteries 
range by as much as 40%'',\50\ citing a study by JD Power and 
Plugshare that found ``cold places that receive nasty winter 
weather...can experience significant declines in [vehicle] 
satisfaction.''\51\ The head of MADA also testified EVs having 
a limited towing capability--a significant problem for 
contractors, farmers, loggers and miners, stating ``[t]owing 
anything with any weight to it dramatically reduces the 
potential vehicle range even in ideal weather conditions.''\52\ 
Also, there are 55,509 EV charging stations in the United 
States\53\--with clusters of them around more populous areas--
while the National Association of Convenience Stores reports 
that there are more than 150,174 fueling stations across the 
United States.\54\
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    \49\See ``FOTW #1221, January 17, 2022: Year 2021 All-Electric 
Vehicles Had a Median Driving Range about 60% of Gasoline Powered 
Vehicles,'' Vehicles Technology Office, Department of Energy, January 
12, 2022.
    \50\See Written Testimony of Scott Lambert, President, Minnesota 
Automobile Dealers Association, before the Committee on Energy and 
Commerce, June 22, 2023.
    \51\Id.
    \52\Id.
    \53\See ``Electric Vehicle Charging Station Locations,'' Office of 
Energy Efficiency and Renewable Energy, Department of Energy, August 
21, 2023.
    \54\See ``U.S. Convenient Store Count,'' National Association of 
Convenience Stores, February 2023.
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                          CONSUMER PREFERENCES

    Echoing the testimony received by the Committee from Mr. 
Lambert of the Minnesota Auto Dealers Association--who stated 
EVs sell well to certain segments in metropolitan areas but not 
well outside of them--data from a study by Cox Automotive noted 
that consumer interest in EVs is not translating into purchases 
of EVs. Cox's report found the unsold inventory of EVs in the 
United States grew from Memorial Day Weekend 2023 to June 26, 
2023, with most EV models at more than a 100 days' supply, 
which was more than twice the rate of gas-powered and hybrid 
vehicles.\55\ The unsold inventory was 171 percent higher than 
what is considered ``normal and ideal'' for auto dealers.\56\ 
Specifically, 90,953 EVs were sitting on dealership lots across 
the country during that 30-day period.\57\
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    \55\See ``Path to EV Adoption: Consumer and Dealer Perspectives,'' 
Cox Automotive, June 2023.
    \56\Id.
    \57\Id.
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                            Committee Action

    On June 22, 2023, the Subcommittee on Environment, 
Manufacturing, and Critical Materials held a hearing on H.R. 
4468. The title of the hearing was ``Driving Affordability: 
Preserving People's Freedom to Buy Affordable Vehicles and 
Fuel.'' The Subcommittee received testimony from:
           Joseph Goffman, Principal Deputy 
        Administrator, Office of Air and Radiation, U.S. 
        Environmental Protection Agency;
           Chet Thompson, President and CEO, American 
        Fuel and Petrochemical Manufacturers;
           Neil Caskey, CEO, National Corn Growers 
        Association;
           Scott Lambert, President, Minnesota Auto 
        Dealers Association; and,
           Genevieve Cullen, President, Electric Drive 
        Transportation Association.
    On July 12, 2023, the Subcommittee on Environment, 
Manufacturing, and Critical Materials met in open markup 
session and forwarded H.R. 4468, without amendment, to the full 
Committee by a record vote of 12 yeas and 7 nays.
    On July 27, 2023, the full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 4468, without 
amendment, favorably reported to the House by a record vote of 
27 yeas and 23 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 4468 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
prohibit the Administrator of EPA from finalizing, 
implementing, or enforcing a regulation with respect to 
emissions from light-duty and medium-duty vehicles starting 
with model year 2027; to prevent EPA from mandating the use of 
a specific technology in new motor vehicles or issuing rules 
that result in limited availability of vehicles to end-use 
consumers based upon the engine in that vehicle; and to 
preserve American automobile manufacturing and protect access 
for American consumers to choose affordable, reliable, and 
functional automobiles for their needs.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 4468 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII,
    (1) the following related hearing was used to develop or 
consider H.R. 4468:
           On June 22, 2023, the Subcommittee on 
        Environment, Manufacturing, and Critical Materials held 
        a hearing on H.R. 4468. The title of the hearing is 
        ``Driving Affordability: Preserving People's Freedom to 
        Buy Affordable Vehicles and Fuel.'' The Subcommittee 
        received testimony from:
                   Joseph Goffman, Principal Deputy 
                Administrator, Office of Air and Radiation, 
                U.S. Environmental Protection Agency;
                   Chet Thompson, President and 
                CEO, American Fuel and Petrochemical 
                Manufacturers;
                   Neil Caskey, CEO, National Corn 
                Growers Association;
                   Scott Lambert, President, 
                Minnesota Auto Dealers Association; and,
                   Genevieve Cullen, President, 
                Electric Drive Transportation Association.
    (2) The following related hearing was held:
           On April 26, 2023, the Subcommittee on 
        Environment, Manufacturing, and Critical Materials held 
        a hearing entitled, ``Exposing the Environmental, Human 
        Rights, and National Security Risks of the Biden 
        Administration's Rush to Green Policies.'' The 
        Subcommittee received testimony from:
                   Mark Mills, Senior Fellow, 
                Manhattan Institute;
                   Ashley Nunes, Director of 
                Federal Policy, Climate, and Energy, 
                Breakthrough Institute;
                   Daniel Simmons, Vice President 
                for Policy, Institute for Energy Research; and,
                   Trevor Higgins, Senior Vice 
                President, Energy and Environment, Center for 
                American Progress.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4468 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 provides the short title of the ``Choice in 
Automobile Retail Sales Act of 2023.''

Section 2. Prohibition against finalizing, implementing, or enforcing a 
        proposed rule with respect to emissions from vehicles

    Section 2 prohibits the EPA from finalizing, implementing, 
or enforcing its proposed rule titled ``Multi-Pollutant 
Emissions Standards for Model Years 2027 and Later Light-Duty 
and Medium-Duty Vehicles'' that was published in the Federal 
Register on May 5, 2023.

Section 3. Ensuring tailpipe regulations do not limit the availability 
        of new motor vehicles.

    Section 3(a) amends CAA section 202(a)(2) to prevent any 
regulations issued under Clean Air Act section 202(a)(1), 
including those promulgated prior to the date of enactment of 
H.R. 4468, from mandating the use of any specific technology. 
While the term ``mandate'' is not defined by H.R. 4468, the 
Committee adopts the bill sponsor's view that mandate means to 
make something necessary or officially require someone to do 
something. During the full committee markup, the bill's sponsor 
stated he believed this prohibition included ``drafting a 
standard in such a way that [it] knows only one technology can 
meet it.'' Based upon this intent, a rule like EPA's ``Multi-
Pollutant Emissions Standards for Model Years 2027 and Later 
Light-Duty and Medium-Duty Vehicles'' is a mandate to sell 
electric vehicles. In addition, the Committee acknowledges that 
the term ``technology'' is both singular and plural and the use 
of the term ``specific'' narrows the broadness of the type of 
technology subject to the ban or prohibition.
    Section 3(a) also prevents EPA from issuing regulations 
under CAA section 202(a)(1) that result in the limited 
availability of new motor vehicles based on that vehicle's 
engine type. The Committee intends that ``limited 
availability'' is specific to the ultimate consumer of the 
vehicle whose choice in vehicle is most impacted by this 
limited availability. The Committee does not believe that 
regulations resulting in the availability of unaffordable or 
unreliable vehicles or vehicles lacking functionality for the 
ultimate consumer's needs satisfactorily meets the requirement 
to avoid creating an environment with limited availability.
    The Committee believes that the two prohibitions in section 
3(a) will reinforce American automobile consumers' ability to 
have access to affordable, reliable, and functional vehicles 
that meet their needs. The Committee does not believe these 
requirements on EPA authority prevent EPA from controlling air 
pollution from vehicles that endangers public health or 
welfare, but rather cabins any impulse by government to control 
the commercial marketplace for ideological reasons. The free-
enterprise system in the United States has not only been a 
tremendous engine for domestic innovation and American 
leadership in new products, but it is also predicated on 
consumers' needs being willingly met; the Committee does not 
wish those benefits to be curtailed.
    Section 3(b) gives EPA two years to update any regulations 
issued, before the date of enactment of H.R. 4468, under CAA 
section 202(a)(1), to remove mandates on the use of a specific 
technology or correct rules that result in the limited 
availability of new vehicles based upon that vehicle's engine.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                             CLEAN AIR ACT




           *       *       *       *       *       *       *
TITLE II--EMISSION STANDARDS FOR MOVING SOURCES

           *       *       *       *       *       *       *



           Part A--Motor Vehicle Emission and Fuel Standards


                       establishment of standards

  Sec. 202. (a) Except as otherwise provided in subsection 
(b)--
          (1) The Administrator shall by regulation prescribe 
        (and from time to time revise) in accordance with the 
        provisions of this section, standards applicable to the 
        emission of any air pollutant from any class or classes 
        of new motor vehicles or new motor vehicle engines, 
        which in his judgment cause, or contribute to, air 
        pollution which may reasonably be anticipated to 
        endanger public health or welfare. Such standards shall 
        be applicable to such vehicles and engines for their 
        useful life (as determined under subsection (d), 
        relating to useful life of vehicles for purposes of 
        certification), whether such vehicles and engines are 
        designed as complete systems or incorporate devices to 
        prevent or control such pollution.
          [(2) Any regulation] (2) (A) Any regulation  
        prescribed under paragraph (1) of this subsection (and 
        any revision thereof) shall take effect after such 
        period as the Administrator finds necessary to permit 
        the development and application of the requisite 
        technology, giving appropriate consideration to the 
        cost of compliance within such period.
          (B) Effective beginning on the date of enactment of 
        this subparagraph, any regulation prescribed under 
        paragraph (1) (and any revision thereof), including any 
        such regulation or revision prescribed before the date 
        of enactment of this subparagraph, shall not--
                  (i) mandate the use of any specific 
                technology; or
                  (ii) result in limited availability of new 
                motor vehicles based on the type of new motor 
                vehicle engine in such new motor vehicles.
          (3)(A) In General--(i) Unless the standard is changed 
        as provided in subparagraph (B), regulations under 
        paragraph (1) of this subsection applicable to 
        emissions of hydrocarbons, carbon monoxide, oxides of 
        nitrogen, and particulate matter from classes or 
        categories of heavy-duty vehicles or engines 
        manufactured during or after model year 1983 shall 
        contain standards which reflect the greatest degree of 
        emission reduction achievable through the application 
        of technology which the Administrator determines will 
        be available for the model year to which such standards 
        apply, giving appropriate consideration to cost, 
        energy, and safety factors associated with the 
        application of such technology.
          (ii) In establishing classes or categories of 
        vehicles or engines for purposes of regulations under 
        this paragraph, the Administrator may base such classes 
        or categories on gross vehicle weight, horsepower, type 
        of fuel used or other appropriate factors.
          (B) Revised Standards for Heavy Duty Trucks.--(i) On 
        the basis of information available to the Administrator 
        concerning the effects of air pollutants emitted from 
        heavy-duty vehicles or engines and from other sources 
        of mobile source related pollutants on the public 
        health and welfare, and taking costs into account, the 
        Administrator may promulgate regulations under 
        paragraph (1) of this subsection revising any standard 
        promulgated under, or before the date of, the enactment 
        of the Clean Air Act Amendments of 1990 (or previously 
        revised under this subparagraph) and applicable to 
        classes or categories of heavy-duty vehicles or 
        engines.
          (ii) Effective for the model year 1998 and 
        thereafter, the regulations under paragraph (1) of this 
        subsection applicable to emissions of oxides of 
        nitrogen (NOx) from gasoline and diesel-fueled heavy 
        duty trucks shall contain standards which provide that 
        such emissions may not exceed 4.0 grams per brake 
        horsepower hour (gbh).
          (C) Lead Time And Stability.--Any standard 
        promulgated or revised under this paragraph and 
        applicable to classes or categories of heavy-duty 
        vehicles or engines shall apply for a period of no less 
        than 3 model years beginning no earlier than the model 
        year commencing 4 years after such revised standard is 
        promulgated.
          (D) Rebulding Practices.--The Administrator shall 
        study the practice of rebuilding heavy-duty engines and 
        the impact rebuilding has on engine emissions. On the 
        basis of that study and other information available to 
        the Administrator, the Administrator may prescribe 
        requirements to control rebuilding practices, including 
        standards applicable to emissions from any rebuilt 
        heavy-duty engines (whether or not the engine is past 
        its statutory useful life), which in the 
        Administrator's judgment cause, or contribute to, air 
        pollution which may reasonably be anticipated to 
        endanger public health or welfare taking costs into 
        account. Any regulation shall take effect after a 
        period the Administrator finds necessary to permit the 
        development and application of the requisite control 
        measures, giving appropriate consideration to the cost 
        of compliance within the period and energy and safety 
        factors.
          (E) Motorcycles.--For purposes of this paragraph, 
        motorcycles and motorcycle engines shall be treated in 
        the same manner as heavy-duty vehicles and engines 
        (except as otherwise permitted under section 206(f)(1)) 
        unless the the Administrator promulgates a rule 
        reclassifying motorcycles as light-duty vehicles within 
        the meaning of this section or unless the Administrator 
        promulgates regulations under subsection (a) applying 
        standards applicable to the emission of air pollutants 
        from motorcycles as a separate class or category. In 
        any case in which such standards are promulgated for 
        such emissions from motorcycles as a separate class or 
        category, the Administrator, in promulgating such 
        standards, shall consider the need to achieve 
        equivalency of emission reductions between motorcycles 
        and other motor vehicles to the maximum extent 
        practicable.
          (4)(A) Effective with respect to vehicles and engines 
        manufactured after model year 1978, no emission control 
        device, system, or element of design shall be used in a 
        new motor vehicle or new motor vehicle engine for 
        purposes of complying with requirements prescribed 
        under this title if such device, system, or element of 
        design will cause or contribute to an unreasonable risk 
        to public health, welfare, or safety in its operation 
        or function.
          (B) In determining whether an unreasonable risk 
        exists under subparagraph (A), the Administrator shall 
        consider, among other factors, (i) whether and to what 
        extent the use of any device, system, or element of 
        design causes, increases, reduces, or eliminates 
        emissions of any unregulated pollutants; (ii) available 
        methods for reducing or eliminating any risk to public 
        health, welfare, or safety which may be associated with 
        the use of such device, system, or element of design, 
        and (iii) the availability of other devices, systems, 
        or elements of design which may be used to conform to 
        requirements prescribed under this title without 
        causing or contributing to such unreasonable risk. The 
        Administrator shall include in the consideration 
        required by this paragraph all relevant information 
        developed pursuant to section 214.
          (5)(A) If the Administrator promulgates final 
        regulations which define the degree of control required 
        and the test procedures by which compliance could be 
        determined for gasoline vapor recovery of uncontrolled 
        emissions from the fueling of motor vehicles, the 
        Administrator shall, after consultation with the 
        Secretary of Transportation with respect to motor 
        vehicle safety, prescribe, by regulation, fill pipe 
        standards for new motor vehicles in order to insure 
        effective connection between such fill pipe and any 
        vapor recovery system which the Administrator 
        determines may be required to comply with such vapor 
        recovery regulations. In promulgating such standards 
        the Administrator shall take into consideration limits 
        on fill pipe diameter, minimum design criteria for 
        nozzle retainer lips, limits on the location of the 
        unleaded fuel restrictors, a minimum access zone 
        surrounding a fill pipe, a minimum pipe or nozzle 
        insertion angle, and such other factors as he deems 
        pertinent.
          (B) Regulations prescribing standards under 
        subparagraph (A) shall not become effective until the 
        introduction of the model year for which it would be 
        feasible to implement such standards, taking into 
        consideration the restraints of an adequate leadtime 
        for design and production.
          (C) Nothing in subparagraph (A) shall (i) prevent the 
        Administrator from specifying different nozzle and fill 
        neck sizes for gasoline with additives and gasoline 
        without additives or (ii) permit the Administrator to 
        require a specific location, configuration, modeling, 
        or styling of the motor vehicle body with respect to 
        the fuel tank fill neck or fill nozzle clearance 
        envelope.
          (D) For the purpose of this paragraph, the term 
        ``fill pipe'' shall include the fuel tank fill pipe, 
        fill neck, fill inlet, and closure.
          (6) Onboard vapor recovery.--Within 1 year after the 
        date of the enactment of the Clean Air Act Amendments 
        of 1990, the Administrator shall, after consultation 
        with the Secretary of Transportation regarding the 
        safety of vehicle-based (``onboard'') systems for the 
        control of vehicle refueling emissions, promulgate 
        standards under this section requiring that new light-
        duty vehicles manufactured beginning in the fourth 
        model year after the model year in which the standards 
        are promulgated and thereafter shall be equipped with 
        such systems. The standards required under this 
        paragraph shall apply to a percentage of each 
        manufacturer's fleet of new light-duty vehicles 
        beginning with the fourth model year after the model 
        year in which the standards are promulgated. The 
        percentage shall be as specified in the following 
        table:


 
------------------------------------------------------------------------
   Model year commencing after standards
                promulgated                         Percentage *
------------------------------------------------------------------------
Fourth....................................               40
Fifth.....................................               80
After Fifth...............................               100
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of the manufacturer's
  sales volume.

        The standards shall require that such systems provide a 
        minimum evaporative emission capture efficiency of 95 
        percent. The requirements of section 182(b)(3) 
        (relating to stage II gasoline vapor recovery) for 
        areas classified under section 181 as moderate for 
        ozone shall not apply after promulgation of such 
        standards and the Administrator may, by rule, revise or 
        waive the application of the requirements of such 
        section 182(b)(3) for areas classified under section 
        181 as Serious, Severe, or Extreme for ozone, as 
        appropriate, after such time as the Administrator 
        determines that onboard emissions control systems 
        required under this paragraph are in widespread use 
        throughout the motor vehicle fleet.
  (b)(1)(A) The regulations under subsection (a) applicable to 
emissions of carbon monoxide and hydrocarbons from light-duty 
vehicles and engines manufactured during model years 1977 
through 1979 shall contain standards which provide that such 
emissions from such vehicles and engines may not exceed 1.5 
grams per vehicle mile of hydrocarbons and 15.0 grams per 
vehicle mile of carbon monoxide. The regulations under 
subsection (a) applicable to emissions of carbon monoxide from 
light-duty vehicles and engines manufactured during the model 
year 1980 shall contain standards which provide that such 
emissions may not exceed 7.0 grams per vehicle mile. The 
regulations under subsection (a) applicable to emissions of 
hydrocarbons from light-duty vehicles and engines manufactured 
during or after model year 1980 shall contain standards which 
require a reduction of at least 90 percent from emissions of 
such pollutant allowable under the standards under this section 
applicable to light-duty vehicles and engines manufactured in 
model year 1970. Unless waived as provided in paragraph (5), 
regulations under subsection (a) applicable to emissions of 
carbon monoxide from light-duty vehicles and engines 
manufactured during or after the model year 1981 shall contain 
standards which require a reduction of at least 90 percent from 
emissions of such pollutant allowable under the standards under 
this section applicable to light-duty vehicles and engines 
manufactured in model year 1970.
  (B) The regulations under subsection (a) applicable to 
emissions of oxides of nitrogen from light-duty vehicles and 
engines manufactured during model years 1977 through 1980 shall 
contain standards which provide that such emissions from such 
vehicles and engines may not exceed 2.0 grams per vehicle mile. 
The regulations under subsection (a) applicable to emissions of 
oxides of nitrogen from light-duty vehicles and engines 
manufactured during the model year 1981 and thereafter shall 
contain standards which provide that such emissions from such 
vehicles and engines may not exceed 1.0 gram per vehicle mile. 
The Administrator shall prescribe standards in lieu of those 
required by the preceding sentence which provide that emissions 
of oxides of nitrogen may not exceed 2.0 grams per vehicle mile 
for any light-duty vehicle manufactured during model years 1981 
and 1982 by any manufacturer whose production, by corporate 
identity, for calendar year 1976 was less than three hundred 
thousand light-duty motor vehicles worldwide if the 
Administrator determines that--
          (i) the ability of such manufacturer to meet emission 
        standards in the 1975 and subsequent model years was, 
        and is, primarily dependent upon technology developed 
        by other manufacturers and purchased from such 
        manufacturers; and
          (ii) such manufacturer lacks the financial resources 
        and technological ability to develop such technology.
  (C) The Administrator may promulgate regulations under 
subsection (a)(1) revising any standard prescribed or 
previously revised under this subsection, as needed to protect 
public health or welfare, taking costs, energy, and safety into 
account. Any revised standard shall require a reduction of 
emissions from the standard that was previously applicable. Any 
such revision under this title may provide for a phase-in of 
the standard. It is the intent of Congress that the numerical 
emission standards specified in subsections (a)(3)(B)(ii), (g), 
(h), and (i) shall not be modified by the Administrator after 
the enactment of the Clean Air Act Amendments of 1990 for any 
model year before the model year 2004.
  (2) Emission standards under paragraph (1), and measurement 
techniques on which such standards are based (if not 
promulgated prior to the date of the enactment of the Clean Air 
Act Amendments of 1990), shall be promulgated by regulation 
within 180 days after such date.
  (3) For purposes of this part--
          (A)(i) The term ``model year'' with reference to any 
        specific calendar year means the manufacturer's annual 
        production period (as determined by the Administrator) 
        which includes January 1 of such calendar year. If the 
        manufacturer has no annual production period, the term 
        ``model year'' shall mean the calendar year.
          (ii) For the purpose of assuring that vehicles and 
        engines manufactured before the beginning of a model 
        year were not manufactured for purposes of 
        circumventing the effective date of a standard required 
        to be prescribed by subsection (b), the Administrator 
        may prescribe regulations defining ``model year'' 
        otherwise than as provided in clause (i).
          
          (C) The term ``heavy duty vehicle'' means a truck, 
        bus, or other vehicle manufactured primarily for use on 
        the public streets, roads, and highways (not including 
        any vehicle operated exclusively on a rail or rails) 
        which has a gross vehicle weight (as determined under 
        regulations promulgated by the Administrator) in excess 
        of six thousand pounds. Such term includes any such 
        vehicle which has special features enabling off-street 
        or off-highway operation and use.
  (3) Upon the petition of any manufacturer, the Administrator, 
after notice and opportunity for public hearing, may waive the 
standard required under subparagraph (B) of paragraph (1) to 
not exceed 1.5 grams of oxides of nitrogen per vehicle mile for 
any class or category of light-duty vehicles or engines 
manufactured by such manufacturer during any period of up to 
four model years beginning after the model year 1980 if the 
manufacturer demonstrates that such waiver is necessary to 
permit the use of an innovative power train technology, or 
innovative emission control device or system, in such class or 
category of vehicles or engines and that such technology or 
system was not utilized by more than 1 percent of the light-
duty vehicles sold in the United States in the 1975 model year. 
Such waiver may be granted only if the Administrator 
determines--
          (A) that such waiver would not endanger public 
        health,
          (B) that there is a substantial likelihood that the 
        vehicles or engines will be able to comply with the 
        applicable standard under this section at the 
        expiration of the waiver, and
          (C) that the technology or system has a potential for 
        long-term air quality benefit and has the potential to 
        meet or exceed the average fuel economy standard 
        applicable under the Energy Policy and Conservation Act 
        upon the expiration of the waiver.
No waiver under this subparagraph granted to any manufacturer 
shall apply to more than 5 percent of such manufacturer's 
production or more than fifty thousand vehicles or engines, 
whichever is greater.
  (c)(1) The Administrator shall undertake to enter into 
appropriate arrangements with the National Academy of Sciences 
to conduct a comprehensive study and investigation of the 
technological feasibility of meeting the emissions standards 
required to be prescribed by the Administrator by subsection 
(b) of this section.
  (2) Of the funds authorized to be appropriated to the 
Administrator by this Act, such amounts as are required shall 
be available to carry out the study and investigation 
authorized by paragraph (1) of this subsection.
  (3) In entering into any arrangement with the National 
Academy of Sciences for conducting the study and investigation 
authorized by paragraph (1) of this subsection, the 
Administrator shall request the National Academy of Sciences to 
submit semiannual reports on the progress of its study and 
investigation to the Administrator and the Congress, beginning 
not later than July 1, 1971, and continuing until such study 
and investigation is completed.
  (4) The Administrator shall furnish to such Academy at its 
request any information which the Academy deems necessary for 
the purpose of conducting the investigation and study 
authorized by paragraph (1) of this subsection. For the purpose 
of furnishing such information, the Administrator may use any 
authority he has under this Act (A) to obtain information from 
any person, and (B) to require such person to conduct such 
tests, keep such records, and make such reports respecting 
research or other activities conducted by such person as may be 
reasonably necessary to carry out this subsection.
  (d) The Administrator shall prescribe regulations under which 
the useful life of vehicles and engines shall be determined for 
purposes of subsection (a)(1) of this section and section 207. 
Such regulations shall provide that except where a different 
useful life period is specified in this title useful life 
shall--
          (1) in the case of light duty vehicles and light duty 
        vehicle engines and light-duty trucks up to 3,750 lbs. 
        LVW and up to 6,000 lbs. GVWR, be a period of use of 
        five years or of fifty thousand miles (or the 
        equivalent), whichever first occurs, except that in the 
        case of any requirement of this section which first 
        becomes applicable after the enactment of the Clean Air 
        Act Amendments of 1990 where the useful life period is 
        not otherwise specified for such vehicles and engines, 
        the period shall be 10 years or 100,000 miles (or the 
        equivalent), whichever first occurs, with testing for 
        purposes of in-use compliance under section 207 up to 
        (but not beyond) 7 years or 75,000 miles (or the 
        equivalent), whichever first occurs;
          (2) in the case of any other motor vehicle or motor 
        vehicle engine (other than motorcycles or motorcycle 
        engines) be a period of use set forth in paragraph (1) 
        unless the Administrator determines that a period of 
        use of greater duration or mileage is appropriate; and
          (3) in the case of any motorcycle or motorcycle 
        engine, be a period of use the Administrator shall 
        determine.
  (e) In the event a new power source or propulsion system for 
new motor vehicles or new motor vehicle engines is submitted 
for certification pursuant to section 206(a), the Administrator 
may postpone certification until he has prescribed standards 
for any air pollutants emitted by such vehicle or engine which 
in his judgment cause or contribute to, air pollution which may 
reasonably be anticipated to endanger the public health or 
welfare but for which standards have not been prescribed under 
subsection (a).
  (f)(1) The high altitude regulation in effect with respect to 
model year 1977 motor vehicles shall not apply to the 
manufacture, distribution, or sale of 1978 and later model year 
motor vehicles. Any future regulation affecting the sale or 
distribution of motor vehicles or engines manufactured before 
the model year 1984 in high altitude areas of the country shall 
take effect no earlier than model year 1981.
  (2) Any such future regulation applicable to high altitude 
vehicles or engines shall not require a percentage of reduction 
in the emissions of such vehicles which is greater than the 
required percentage of reduction in emissions from motor 
vehicles as set forth in section 202(b). This percentage 
reduction shall be determined by comparing any proposed high 
altitude emission standards to high altitude emissions from 
vehicles manufactured during model year 1970. In no event shall 
regulations applicable to high altitude vehicles manufactured 
before the model year 1984 establish a numerical standard which 
is more stringent than that applicable to vehicles certified 
under non-high altitude conditions.
  (3) Section 307(d) shall apply to any high altitude 
regulation referred to in paragraph (2) and before promulgating 
any such regulation, the Administrator shall consider and make 
a finding with respect to--
          (A) the economic impact upon consumers, individual 
        high altitude dealers, and the automobile industry of 
        any such regulation, including the economic impact 
        which was experienced as a result of the regulation 
        imposed during model year 1977 with respect to high 
        altitude certification requirements;
          (B) the present and future availability of emission 
        control technology capable of meeting the applicable 
        vehicle and engine emission requirements without 
        reducing model availability; and
          (C) the likelihood that the adoption of such a high 
        altitude regulation will result in any significant 
        improvement in air quality in any area to which it 
        shall apply.
  (f) Model Years After 1990.--For model years prior to model 
year 1994, the regulations under section 202(a) applicable to 
buses other than those subject to standards under section 219 
shall contain a standard which provides that emissions of 
particulate matter (PM) from such buses may not exceed the 
standards set forth in the following table:


 
------------------------------------------------------------------------
                Model year                           Standard *
------------------------------------------------------------------------
1991.....................................               0.25
1992.....................................               0.25
1993 and thereafter......................               0.10
------------------------------------------------------------------------
*Standards are expressed in grams per brake horsepower hour (g/bhp/hr).

  (g) Light-Duty Trucks up to 6,000 lbs. GVWR and Light-Duty 
Vehicles; Standards for Model Years After 1993.--
          (1) nmhc, co, and nox.--Effective with 
        respect to the model year 1994 and thereafter, the 
        regulations under subsection (a) applicable to 
        emissions of nonmethane hydrocarbons (NMHC), carbon 
        monoxide (CO), and oxides of nitrogen (NOx) 
        from light-duty trucks (LDTs) of up to 6,000 lbs. gross 
        vehicle weight rating (GVWR) and light-duty vehicles 
        (LDVs) shall contain standards which provide that 
        emissions from a percentage of each manufacturer's 
        sales volume of such vehicles and trucks shall comply 
        with the levels specified in table G. The percentage 
        shall be as specified in the implementation schedule 
        below:


                                                        x
----------------------------------------------------------------------------------------------------------------
                                                                           Column A               Column B
                                                                   ---------------------------------------------
                           Vehicle type                                (5 yrs/50,000 mi)     (10 yrs/100,000 mi)
                                                                   ---------------------------------------------
                                                                     NMHC     CO     NOx     NMHC     CO    NOx
----------------------------------------------------------------------------------------------------------------
LDTs (0-3,750 lbs. LVW) and light-duty vehicles...................    0.25    3.4    0.4*     0.31    4.2   0.6*
LDTs (3,751-5,750 lbs. LVW).......................................    0.32    4.4   0.7**     0.40    5.5   0.97
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under section 206, the applicable useful life shall
  be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under section 206, the applicable useful life shall
  be 10 years or 100,000 miles (or the equivalent), whichever first occurs.
*In the case of diesel-fueled LDTs (0-3,750 LVW) and light-duty vehicles, before the model year 2004, in lieu of
  the 0.4 and 0.6 standards for NOx, the applicable standards for NOxshall be 1.0 gpm for a useful life of 5
  years or 50,000 miles (or the equivalent), whichever first occurs, and 1.25 gpm for a useful life of 10 years
  or 100,000 miles (or the equivalent) whichever first occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750 lbs. LVW).



 
------------------------------------------------------------------------
                 Model year                          Percentage *
------------------------------------------------------------------------
1994.......................................               40
1995.......................................               80
after 1995.................................              100
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of each manufacturer's
  sales volume.

          (2) PM Standard.--Effective with respect to model 
        year 1994 and thereafter in the case of light-duty 
        vehicles, and effective with respect to the model year 
        1995 and thereafter in the case of light-duty trucks 
        (LDTs) of up to 6,000 lbs. gross vehicle weight rating 
        (GVWR), the regulations under subsection (a) applicable 
        to emissions of particulate matter (PM) from such 
        vehicles and trucks shall contain standards which 
        provide that such emissions from a percentage of each 
        manufacturer's sales volume of such vehicles and trucks 
        shall not exceed the levels specified in the table 
        below. The percentage shall be as specified in the 
        Implementation Schedule below.


 
------------------------------------------------------------------------
            Useful life period                        Standard
------------------------------------------------------------------------
5/50,000.................................  0.08 gpm
10/100,000...............................  0.10 gpm
------------------------------------------------------------------------
The applicable useful life, for purposes of certification under section
  206 and for purposes of in-use compliance under section 207, shall be
  5 years or 50,000 miles (or the equivalent), whichever first occurs,
  in the case of the 5/50,000 standard.
The applicable useful life, for purposes of certification under section
  206 and for purposes of in-use compliance under section 207, shall be
  10 years or 100,000 miles (or the equivalent), whichever first occurs
  in the case of the 10/100,000 standard.



------------------------------------------------------------------------
           Model year            Light-duty vehicles         LDTs
------------------------------------------------------------------------
1994...........................          40%*         ..................
1995...........................          80%*                40%*
1996...........................         100%*                80%*
after 1996.....................         100%*                100%*
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of each manufacturer's
  sales volume.

  (h) Light-Duty Trucks of More Than 6,000 lbs. GVWR; Standards 
for Model Years After 1995.--Effective with respect to the 
model year 1996 and thereafter, the regulations under 
subsection (a) applicable to emissions of nonmethane 
hydrocarbons (NMHC), carbon monoxide (CO), oxides of nitrogen 
(NOx), and particulate matter (PM) from light-duty 
trucks (LDTs) of more than 6,000 lbs. gross vehicle weight 
rating (GVWR) shall contain standards which provide that 
emissions from a specified percentage of each manufacturer's 
sales volume of such trucks shall comply with the levels 
specified in table H. The specified percentage shall be 50 
percent in model year 1996 and 100 percent thereafter.


 
----------------------------------------------------------------------------------------------------------------
                                                                       Column A                Column B
                                                                ------------------------------------------------
                        LDT Test weight                           (5 yrs/50,000 mi)       (11 yrs/120,000 mi)
                                                                ------------------------------------------------
                                                                  NMHC    CO    NOx    NMHC    CO    NOx     PM
----------------------------------------------------------------------------------------------------------------
3,751-5,750 lbs. TW............................................   0.32    4.4   0.7*   0.46    6.4   0.98   0.10
Over 5,750 lbs. TW.............................................   0.39    5.0   1.1*   0.56    7.3   1.53   0.12
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under section 206, the applicable useful life shall
  be 5 years or 50,000 miles (or the equivalent) whichever first occurs.
For standards under column B, for purposes of certification under section 206, the applicable useful life shall
  be 11 years or 120,000 miles (or the equivalent), whichever first occurs
*Not applicable to diesel-fueled LDTs.

  (i) Phase II Study for Certain Light-Duty Vehicles and Light-
Duty Trucks.--(1) The Administrator, with the participation of 
the Office of Technology Assessment, shall study whether or not 
further reductions in emissions from light-duty vehicles and 
light-duty trucks should be required pursuant to this title. 
The study shall consider whether to establish with respect to 
model years commencing after January 1, 2003, the standards and 
useful life period for gasoline and diesel-fueled light-duty 
vehicles and light-duty trucks with a loaded vehicle weight 
(LVW) of 3,750 lbs. or less specified in the following table:


 
------------------------------------------------------------------------
              Pollutant                         Emission level *
------------------------------------------------------------------------
NMHC.................................  0.125 GPM
NOx..................................  0.2 GPM
CO...................................  1.7 GPM
------------------------------------------------------------------------
*Emission levels are expressed in grams per mile (GPM). For vehicles and
  engines subject to this subsection for purposes of section 202(d) and
  any reference thereto, the useful life of such vehicles and engines
  shall be a period of 10 years or 100,000 miles (or the equivalent),
  whichever first occurs.

  
Such study shall also consider other standards and useful life 
periods which are more stringent or less stringent than those 
set forth in table 3 (but more stringent than those referred to 
in subsections (g) and (h)).
  (2)(A) As part of the study under paragraph (1), the 
Administrator shall examine the need for further reductions in 
emissions in order to attain or maintain the national ambient 
air quality standards, taking into consideration the waiver 
provisions of section 209(b). As part of such study, the 
Administrator shall also examine--
          (i) the availability of technology (including the 
        costs thereof), in the case of light-duty vehicles and 
        light-duty trucks with a loaded vehicle weight (LVW) of 
        3,750 lbs. or less, for meeting more stringent emission 
        standards than those provided in subsections (g) and 
        (h) for model years commencing not earlier than after 
        January 1, 2003, and not later than model year 2006, 
        including the lead time and safety and energy impacts 
        of meeting more stringent emission standards; and
          (ii) the need for, and cost effectiveness of, 
        obtaining further reductions in emissions from such 
        light-duty vehicles and light-duty trucks, taking into 
        consideration alternative means of attaining or 
        maintaining the national primary ambient air quality 
        standards pursuant to State implementation plans and 
        other requirements of this Act, including their 
        feasibility and cost effectiveness.
  (B) The Administrator shall submit a report to Congress no 
later than June 1, 1997, containing the results of the study 
under this subsection, including the results of the examination 
conducted under subparagraph (A). Before submittal of such 
report the Administrator shall provide a reasonable opportunity 
for public comment and shall include a summary of such comments 
in the report to Congress.
  (3)(A) Based on the study under paragraph (1) the 
Administrator shall determine, by rule, within 3 calendar years 
after the report is submitted to Congress, but not later than 
December 31, 1999, whether--
          (i) there is a need for further reductions in 
        emissions as provided in paragraph (2)(A);
          (ii) the technology for meeting more stringent 
        emission standards will be available, as provided in 
        paragraph (2)(A)(i), in the case of light-duty vehicles 
        and light-duty trucks with a loaded vehicle weight 
        (LVW) of 3,750 lbs. or less, for model years commencing 
        not earlier than January 1, 2003 and not later than 
        model year 2006, considering the factors listed in 
        paragraph (2)(A)(i); and
          (iii) obtaining further reductions in emissions from 
        such vehicles will be needed and cost effective, taking 
        into consideration alternatives as provided in 
        paragraph (2)(A)(ii).
The rulemaking under this paragraph shall commence within 3 
months after submission of the report to Congress under 
paragraph (2)(B).
  (B) If the Administrator determines under subparagraph (A) 
that--
          (i) there is no need for further reductions in 
        emissions as provided in paragraph (2)(A);
          (ii) the technology for meeting more stringent 
        emission standards will not be available as provided in 
        paragraph (2)(A)(i), in the case of light-duty vehicles 
        and light-duty trucks with a loaded vehicle weight 
        (LVW) of 3,750 lbs. or less, for model years commencing 
        not earlier than January 1, 2003, and not later than 
        model year 2006, considering the factors listed in 
        paragraph (2)(A)(i); or
          (iii) obtaining further reductions in emissions from 
        such vehicles will not be needed or cost effective, 
        taking into consideration alternatives as provided in 
        paragraph (2)(A)(ii),
the Administrator shall not promulgate more stringent standards 
than those in effect pursuant to subsections (g) and (h). 
Nothing in this paragraph shall prohibit the Administrator from 
exercising the Administrator's authority under subsection (a) 
to promulgate more stringent standards for light-duty vehicles 
and light-duty trucks with a loaded vehicle weight (LVW) of 
3,750 lbs. or less at any other time thereafter in accordance 
with subsection (a).
  (C) If the Administrator determines under subparagraph (A) 
that--
          (i) there is a need for further reductions in 
        emissions as provided in paragraph (2)(A);
          (ii) the technology for meeting more stringent 
        emission standards will be available, as provided in 
        paragraph (2)(A)(i), in the case of light-duty vehicles 
        and light-duty trucks with a loaded vehicle weight 
        (LVW) of 3,750 lbs. or less, for model years commencing 
        not earlier than January 1, 2003, and not later than 
        model year 2006, considering the factors listed in 
        paragraph (2)(A)(i); and
          (iii) obtaining further reductions in emissions from 
        such vehicles will be needed and cost effective, taking 
        into consideration alternatives as provided in 
        paragraph (2)(A)(ii),
the Administrator shall either promulgate the standards (and 
useful life periods) set forth in Table 3 in paragraph (1) or 
promulgate alternative standards (and useful life periods) 
which are more stringent than those referred to in subsections 
(g) and (h). Any such standards (or useful life periods) 
promulgated by the Administrator shall take effect with respect 
to any such vehicles or engines no earlier than the model year 
2003 but not later than model year 2006, as determined by the 
Administrator in the rule.
  (D) Nothing in this paragraph shall be construed by the 
Administrator or by a court as a presumption that any standards 
(or useful life period) set forth in Table 3 shall be 
promulgated in the rulemaking required under this paragraph. 
The action required of the Administrator in accordance with 
this paragraph shall be treated as a nondiscretionary duty for 
purposes of section 304(a)(2) (relating to citizen suits).
  (E) Unless the Administrator determines not to promulgate 
more stringent standards as provided in subparagraph (B) or to 
postpone the effective date of standards referred to in Table 3 
in paragraph (1) or to establish alternative standards as 
provided in subparagraph (C), effective with respect to model 
years commencing after January 1, 2003, the regulations under 
subsection (a) applicable to emissions of nonmethane 
hydrocarbons (NMHC), oxides of nitrogen (NOx), and 
carbon monoxide (CO) from motor vehicles and motor vehicle 
engines in the classes specified in Table 3 in paragraph (1) 
above shall contain standards which provide that emissions may 
not exceed the pending emission levels specified in Table 3 in 
paragraph (1).
  (j) Cold CO Standard.--
          (1) Phase i.--Not later than 12 months after the date 
        of the enactment of the Clean Air Act Amendments of 
        1990, the Administrator shall promulgate regulations 
        under subsection (a) of this section applicable to 
        emissions of carbon monoxide from 1994 and later model 
        year light-duty vehicles and light-duty trucks when 
        operated at 20 degrees Fahrenheit. The regulations 
        shall contain standards which provide that emissions of 
        carbon monoxide from a manufacturer's vehicles when 
        operated at 20 degrees Fahrenheit may not exceed, in 
        the case of light-duty vehicles, 10.0 grams per mile, 
        and in the case of light-duty trucks, a level 
        comparable in stringency to the standard applicable to 
        light-duty vehicles. The standards shall take effect 
        after model year 1993 according to a phase-in schedule 
        which requires a percentage of each manufacturer's 
        sales volume of light-duty vehicles and light-duty 
        trucks to comply with applicable standards after model 
        year 1993. The percentage shall be as specified in the 
        following table:


 
------------------------------------------------------------------------
                Model Year                           Percentage
------------------------------------------------------------------------
1994.....................................                40
1995.....................................                80
1996 and after...........................               100
------------------------------------------------------------------------

          (2) Phase ii.--(A) Not later than June 1, 1997, the 
        Administrator shall complete a study assessing the need 
        for further reductions in emissions of carbon monoxide 
        and the maximum reductions in such emissions achievable 
        from model year 2001 and later model year light-duty 
        vehicles and light-duty trucks when operated at 20 
        degrees Fahrenheit.
          (B)(i) If as of June 1, 1997, 6 or more nonattainment 
        areas have a carbon monoxide design value of 9.5 ppm or 
        greater, the regulations under subsection (a)(1) of 
        this section applicable to emissions of carbon monoxide 
        from model year 2002 and later model year light-duty 
        vehicles and light-duty trucks shall contain standards 
        which provide that emissions of carbon monoxide from 
        such vehicles and trucks when operated at 20 degrees 
        Fahrenheit may not exceed 3.4 grams per mile (gpm) in 
        the case of light-duty vehicles and 4.4 grams per mile 
        (gpm) in the case of light-duty trucks up to 6,000 GVWR 
        and a level comparable in stringency in the case of 
        light-duty trucks 6,000 GVWR and above.
          (ii) In determining for purposes of this subparagraph 
        whether 6 or more nonattainment areas have a carbon 
        monoxide design value of 9.5 ppm or greater, the 
        Administrator shall exclude the areas of Steubenville, 
        Ohio, and Oshkosh, Wisconsin.
          (3) Useful-life for phase i and phase ii standards.--
        In the case of the standards referred to in paragraphs 
        (1) and (2), for purposes of certification under 
        section 206 and in-use compliance under section 207, 
        the applicable useful life period shall be 5 years or 
        50,000 miles, whichever first occurs, except that the 
        Administrator may extend such useful life period (for 
        purposes of section 206, or section 207, or both) if he 
        determines that it is feasible for vehicles and engines 
        subject to such standards to meet such standards for a 
        longer useful life. If the Administrator extends such 
        useful life period, the Administrator may make an 
        appropriate adjustment of applicable standards for such 
        extended useful life. No such extended useful life 
        shall extend beyond the useful life period provided in 
        regulations under subsection (d).
          (4) Heavy-duty vehicles and engines.--The 
        Administrator may also promulgate regulations under 
        subsection (a)(1) applicable to emissions of carbon 
        monoxide from heavy-duty vehicles and engines when 
        operated at cold temperatures.
  (k) Control of Evaporative Emissions.--The Administrator 
shall promulgate (and from time to time revise) regulations 
applicable to evaporative emissions of hydrocarbons from all 
gasoline-fueled motor vehicles--
          (1) during operation; and
          (2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by 
regulations of the Administrator). The regulations shall take 
effect as expeditiously as possible and shall require the 
greatest degree of emission reduction achievable by means 
reasonably expected to be available for production during any 
model year to which the regulations apply, giving appropriate 
consideration to fuel volatility, and to cost, energy, and 
safety factors associated with the application of the 
appropriate technology. The Administrator shall commence a 
rulemaking under this subsection within 12 months after the 
date of the enactment of the Clean Air Act Amendments of 1990. 
If final regulations are not promulgated under this subsection 
within 18 months after the date of the enactment of the Clean 
Air Act Amendments of 1990, the Administrator shall submit a 
statement to the Congress containing an explanation of the 
reasons for the delay and a date certain for promulgation of 
such final regulations in accordance with this Act. Such date 
certain shall not be later than 15 months after the expiration 
of such 18 month deadline.
  (l) Mobile Source-Related Air Toxics.--
          (1) Study.--Not later than 18 months after the date 
        of the enactment of the Clean Air Act Amendments of 
        1990, the Administrator shall complete a study of the 
        need for, and feasibility of, controlling emissions of 
        toxic air pollutants which are unregulated under this 
        Act and associated with motor vehicles and motor 
        vehicle fuels, and the need for, and feasibility of, 
        controlling such emissions and the means and measures 
        for such controls. The study shall focus on those 
        categories of emissions that pose the greatest risk to 
        human health or about which significant uncertainties 
        remain, including emissions of benzene, formaldehyde, 
        and 1, 3 butadiene. The proposed report shall be 
        available for public review and comment and shall 
        include a summary of all comments.
          (2) Standards.--Within 54 months after the date of 
        the enactment of the Clean Air Act Amendments of 1990, 
        the Administrator shall, based on the study under 
        paragraph (1), promulgate (and from time to time 
        revise) regulations under subsection (a)(1) or section 
        211(c)(1) containing reasonable requirements to control 
        hazardous air pollutants from motor vehicles and motor 
        vehicle fuels. The regulations shall contain standards 
        for such fuels or vehicles, or both, which the 
        Administrator determines reflect the greatest degree of 
        emission reduction achievable through the application 
        of technology which will be available, taking into 
        consideration the standards established under 
        subsection (a), the availability and costs of the 
        technology, and noise, energy, and safety factors, and 
        lead time. Such regulations shall not be inconsistent 
        with standards under section 202(a). The regulations 
        shall, at a minimum, apply to emissions of benzene and 
        formaldehyde.
  (m) Emissions Control Diagnostics.--
          (1) Regulations.--Within 18 months after the 
        enactment of the Clean Air Act Amendments of 1990, the 
        Administrator shall promulgate regulations under 
        subsection (a) requiring manufacturers to install on 
        all new light duty vehicles and light duty trucks 
        diagnostics systems capable of--
                  (A) accurately identifying for the vehicle's 
                useful life as established under this section, 
                emission-related systems deterioration or 
                malfunction, including, at a minimum, the 
                catalytic converter and oxygen sensor, which 
                could cause or result in failure of the 
                vehicles to comply with emission standards 
                established under this section,
                  (B) alerting the vehicle's owner or operator 
                to the likely need for emission-related 
                components or systems maintenance or repair,
                  (C) storing and retrieving fault codes 
                specified by the Administrator, and
                  (D) providing access to stored information in 
                a manner specified by the Administrator.
        The Administrator may, in the Administrator's 
        discretion, promulgate regulations requiring 
        manufacturers to install such onboard diagnostic 
        systems on heavy-duty vehicles and engines.
          (2) Effective date.--The regulations required under 
        paragraph (1) of this subsection shall take effect in 
        model year 1994, except that the Administrator may 
        waive the application of such regulations for model 
        year 1994 or 1995 (or both) with respect to any class 
        or category of motor vehicles if the Administrator 
        determines that it would be infeasible to apply the 
        regulations to that class or category in such model 
        year or years, consistent with corresponding 
        regulations or policies adopted by the California Air 
        Resources Board for such systems.
          (3) State inspection.--The Administrator shall by 
        regulation require States that have implementation 
        plans containing motor vehicle inspection and 
        maintenance programs to amend their plans within 2 
        years after promulgation of such regulations to provide 
        for inspection of onboard diagnostics systems (as 
        prescribed by regulations under paragraph (1) of this 
        subsection) and for the maintenance or repair of 
        malfunctions or system deterioration identified by or 
        affecting such diagnostics systems. Such regulations 
        shall not be inconsistent with the provisions for 
        warranties promulgated under section 207(a) and (b).
          (4) Specific requirements.--In promulgating 
        regulations under this subsection, the Administrator 
        shall require--
                  (A) that any connectors through which the 
                emission control diagnostics system is accessed 
                for inspection, diagnosis, service, or repair 
                shall be standard and uniform on all motor 
                vehicles and motor vehicle engines;
                  (B) that access to the emission control 
                diagnostics system through such connectors 
                shall be unrestricted and shall not require any 
                access code or any device which is only 
                available from a vehicle manufacturer; and
                  (C) that the output of the data from the 
                emission control diagnostics system through 
                such connectors shall be usable without the 
                need for any unique decoding information or 
                device.
          (5) Information availability.--The Administrator, by 
        regulation, shall require (subject to the provisions of 
        section 208(c) regarding the protection of methods or 
        processes entitled to protection as trade secrets) 
        manufacturers to provide promptly to any person engaged 
        in the repairing or servicing of motor vehicles or 
        motor vehicle engines, and the Administrator for use by 
        any such persons, with any and all information needed 
        to make use of the emission control diagnostics system 
        prescribed under this subsection and such other 
        information including instructions for making emission 
        related diagnosis and repairs. No such information may 
        be withheld under section 208(c) if that information is 
        provided (directly or indirectly) by the manufacturer 
        to franchised dealers or other persons engaged in the 
        repair, diagnosing, or servicing of motor vehicles or 
        motor vehicle engines. Such information shall also be 
        available to the Administrator, subject to section 
        208(c), in carrying out the Administrator's 
        responsibilities under this section.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    We oppose H.R. 4468, legislation to prohibit the 
Administrator of the Environmental Protection Agency (EPA) from 
finalizing the proposed rule on Multi-Pollutant Emissions 
Standards beginning in Model Year 2027.\1\ This bill puts in 
place far-reaching and ill-defined requirements for any future 
vehicle emissions standard, effectively blocking EPA from ever 
regulating tailpipe emissions from the transportation sector. 
H.R. 4468 is a direct attack on the current and expected future 
success of our domestic vehicle manufacturing industry.
---------------------------------------------------------------------------
    \1\Environmental Protection Agency, Multi-Pollutant Emissions 
Standards for Model Years 2027 and Later Light-Duty and Medium-Duty 
Vehicles, 88 Fed. Reg. 29184 (May 5, 2023) (proposed rule).
---------------------------------------------------------------------------

                               BACKGROUND

    The Clean Air Act (CAA) is both explicit and clear in 
giving EPA the authority and obligation to protect Americans 
from dangerous pollution, including from the transportation 
sector. Under Section 202 of the CAA, Congress directed EPA to 
set vehicle emission standards for new motor vehicles. These 
standards were intended to drive technological innovation, 
which they have historically done. The transportation sector is 
currently the largest contributor of greenhouse gas (GHG) 
emissions at 28 percent of total pollution in the United States 
(US).\2\ The vast majority of this pollution comes from burning 
fossil fuels for cars, trucks, ships, trains, and planes.
---------------------------------------------------------------------------
    \2\Environmental Protection Agency, Sources of Greenhouse Gas 
Emissions (Aug. 25, 2023) (www.epa.gov/ghge missions/sources-
greenhouse-gas-emissions#:%7E:text=Transportation %20(28%25% 
20of%202021%20 greenhouse,ships%2C%20 trains%2C%20 and%20planes.).
---------------------------------------------------------------------------
    Currently, almost 120 million people across the US live in 
places with unhealthy levels of ozone or particle pollution, 
which is more than one-third of Americans, with children, the 
elderly, low-income communities, and communities of color being 
disproportionately impacted.\3\ Health risks associated with 
exposure to air pollution from roadway traffic include higher 
rates of asthma onset and aggravation, cardiovascular disease, 
impaired lung development in children, pre-term and low-
birthweight infants, and childhood leukemia.\4\ These health 
impacts have grave consequences, as air pollution is associated 
with over 100,000 premature deaths in the US every year, making 
EPA's ability to adequately control pollution from the 
transportation even more imperative.\5\
---------------------------------------------------------------------------
    \3\American Lung Association, 1 in 3 People Breathe Unhealthy Air: 
New Report Finds (May 2, 2023) (www.lung.org/blog/sota-report-
unhealthy-air#::text=The%20 report%20finds %20that%2017.6,of 
%20ozone%20or %20particle%20pollution.).
    \4\Environmental Protection Agency, Learn About How Mobile Source 
Pollution Affects Your Health (May 18, 2023) (www.epa.gov/mobile-
source-pollution/learn-about-how-mobile-source-pollution-affects-your-
health).
    \5\Proceedings of the National Academy of Sciences, Fine-Scale 
Damage Estimates of Particulate Matter Air Pollution Reveal 
Opportunities for Location-Specific Mitigation of Emissions (Apr. 8, 
2019).
---------------------------------------------------------------------------
    To that end, EPA recently proposed ambitious new standards 
for light-, medium-, and heavy-duty vehicles that will advance 
the transition to a clean transportation future.\6\ These 
standards are achievable, will save consumers money, bolster 
our economy by promoting American manufacturing, and reduce our 
dependence on foreign oil. During a Subcommittee on 
Environment, Manufacturing, and Critical Materials legislative 
hearing on H.R. 4468, EPA testified that the proposed standards 
would avoid 7.3 billion tons of carbon dioxide emissions 
through 2055.\7\ Additionally, between 2027 and 2055, the 
proposed standards' net benefits are projected to reach up to 
$1.6 trillion and would save the average consumer $12,000 over 
the lifetime of the vehicle.\8\ The proposed standards are also 
expected to deliver significant health benefits, including 
fewer cases of premature death, heart attacks, aggravated 
asthma, cancer, and heart disease.
---------------------------------------------------------------------------
    \6\Environmental Protection Agency, Biden-Harris Administration 
Proposes Strongest-Ever Pollution Standards for Cars and Trucks to 
Accelerate Transition to a Clean-Transportation Future (Apr. 12, 2023) 
(press release).
    \7\House Committee on Energy and Commerce, Hearing on Driving 
Affordability: Preserving People's Freedom to Buy Affordable Vehicles 
and Fuel, 118th Cong. (June 22, 2023).
    \8\See note 6.
---------------------------------------------------------------------------
    The Majority's argument that the standards are a mandate to 
sell electric vehicles (EVs) is wholly false. As with all 
previous vehicle rules, EPA's proposed standards are 
performance based, allowing companies to choose the mix of 
clean technologies best suited for their fleets. The proposal 
recognizes significant changes in the US vehicle market, like 
auto manufactures independently moving production toward EVs 
because of their increasing popularity with consumers. For 
instance, Honda has a goal of 100 percent zero emission 
electrified vehicle sales in North America by 2040 and Rivian 
is investing $5 billion, in addition to $1.5 billion in public 
funding, to build an EV factory in Georgia.\9\
---------------------------------------------------------------------------
    \9\Honda, Honda Targets 100% EV Sales in North America by 2040, 
Makes New Commitments to Advances in Environmental and Safety 
Technology (Apr. 23, 2021) (press release); Rivian Announces a New $5 
Billion Electric Vehicle Factory in Georgia, Electrek (Dec. 16. 2021) 
(electrek.co/2021/12/16/rivian-5-billion-electric-vehicle-factory-
georgia/).
---------------------------------------------------------------------------
    During consideration of H.R. 4468, the Majority presented 
several unfounded or misleading anti-EV claims that we seek to 
correct.
    First, EPA's proposed vehicle standards are not part of a 
scheme for China to control America's automotive future--the 
reality is quite the opposite. China currently controls a 
significant portion of the EV market share and of the global EV 
supply chain, which is precisely why the US must continue to 
leverage the power of the federal government--like the 
authority the CAA affords the EPA--to drive innovation, secure 
supply chains, and expand the domestic vehicle manufacturing 
industry. This strategy is already working. The Bipartisan 
Infrastructure Law invested $7 billion in EV battery 
components, including critical minerals, which are already 
creating new, middle-class jobs in American battery 
manufacturing in the US and reducing our dependence on foreign 
supply chains.\10\ By trying to legislate away years of 
innovation in cleaner transportation technologies, the Majority 
would effectively cede global leadership in the clean 
transportation sector to China.
---------------------------------------------------------------------------
    \10\The White House, Fact Sheet: Biden-Harris Administration 
Announces New Standards and Major Progress for a Made-in-America 
National Network of Electric Vehicle Chargers (Feb. 15, 2023) 
(www.whitehouse.gov/ briefing-room/ statements-releases/ 2023/02/15/ 
fact-sheet-biden- harris-administration- announces-new-standards- and-
major-progress- for-a-made-in- america-national-network- of-electric-
vehicle- chargers/#:%7E:text= President%20Biden's %20Bipartisan%20 
Infrastructure %20Law,%2C%20 critical%20minerals 
%2C%20and%20materials.).
---------------------------------------------------------------------------
    The claims that EVs can't travel as far as gasoline-powered 
vehicles fail to paint the whole picture. Most EVs available 
for sale or lease today can go 200 miles or more on a single 
charge. According to Kelley Blue Book, the average driver in 
the US drives an average of 37 miles per day.\11\ Thus, the EV 
driving range is over five times the amount the average driver 
in the US drives every day. The Majority also cites concern 
over the cost of EVs and fueling. According to a Clean Energy 
Group report, EVs deliver significant cost savings to American 
families by decreasing fueling costs by 50 percent or more and 
are overall 25 percent less expensive than regular cars.\12\ EV 
prices have declined more than $5,600 over the last year and 
electric passenger cars and light-duty trucks are expected to 
reach cost parity with gasoline-powered vehicles in the next 
two years, all due to incentives in the Inflation Reduction 
Act.\13\
---------------------------------------------------------------------------
    \11\Kelley Blue Book, Average Miles Driven Per Year: Why it is 
Important (May 15, 2023) (www.kbb.com/car-advice/average-miles-driven-
per-year/).
    \12\Clean Energy Group, Electric Vehicles and Equity: How EVs Work, 
Their Pros and Cons, and the Role They Can Play in Making Our 
Communities Stronger (June 2023).
    \13\Alliance for Automotive Innovation, Get Connected: Electric 
Vehicle Quarterly Report (2023); Rocky Mountain Institute, How Policy 
Actions Can Spur EV Adoption in the United States (2023).
---------------------------------------------------------------------------
    Finally, assertions that EVs are worse for the environment 
than gasoline-powered vehicles are blatantly false. DOE's 
Argonne National Laboratory found that total greenhouse gas 
emissions for EVs are significantly lower than gas-powered 
models, even when accounting for emissions from vehicle 
manufacturing and end-of-life management.\14\ With improvements 
across the EV manufacturing supply chain, from battery 
manufacturing to recycling, the difference in lifecycle 
emissions will continue to increase as EVs get cleaner.
---------------------------------------------------------------------------
    \14\Argonne National Laboratory, Assessment of Light-Duty Plug-in 
Electric Vehicles in the United States, 2010-2021 (Nov. 2022) (ANL-22/
71).
---------------------------------------------------------------------------

                          SUMMARY OF H.R. 4468

    Section 2 of H.R. 4468 prohibits the EPA Administrator from 
finalizing, implementing, or enforcing the proposed rule titled 
``Multi Pollutant Emissions Standards for Model Years 2027 and 
Later Light-Duty and Medium-Duty Vehicles.'' As outlined above, 
there are significant environmental, public health, and 
economic benefits associated with the proposed rule. If 
enacted, H.R. 4468 would deny these benefits for the American 
people.
    Section 3 of H.R. 4468 amends the CAA to block EPA from 
ever finalizing vehicle emissions standards that mandate the 
use of a specific technology or might ``result in the limited 
availability of new motor vehicles'' based on the engine type. 
The section also directs EPA to revise all past regulations to 
conform with the act. The bill fails to define ``limited 
availability'', creating a difficult--if not impossible--
threshold for any vehicle emissions standard. This would stifle 
innovation from vehicle manufacturers, and subsequently limit 
what types of cars are available for consumers to purchase. The 
vague language would not only harm the EV market, but other 
vehicle types as well, including hybrid, flex fuel, hydrogen 
fuel cell, and even internal combustion engines. The Majority 
claims the intent of the bill is to ``protect access for 
American consumers to choose affordable, reliable, and 
functional automobiles,'' yet they are actively limiting 
consumer choices with H.R. 4468. Furthermore, by preventing EPA 
from ever finalizing standards to cut GHG pollution from 
vehicles, the Majority is ignoring EPA's obligation to protect 
the public from dangerous air pollution.

                               CONCLUSION

    H.R 4468 hampers EPA's ability to address air pollution 
from vehicles, would limit consumer choice, hurt American 
global leadership, weaken our ability to compete with China, 
and deny Americans the immense public health and environmental 
benefits of the EPA proposed standards.
    For the reasons stated above, we dissent from the views 
contained in the Committee Report.
                                        Frank Pallone, Jr.,
                  Ranking Member, Committee on Energy and Commerce.

                                  [all]