II 

118TH CONGRESS 

2D SESSION S. 5038 

To amend the Clean Air Act to eliminate a waiver under that Act, to 

eliminate an authorization for States to use new motor vehicle emission 

and new motor vehicle engine emissions standards identical to standards 

adopted in California, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2024 

Mr. LEE (for himself, Mr. CRUZ, Mr. DAINES, Mrs. HYDE-SMITH, Ms. LUMMIS, and Mr. RICKETTS) introduced the following bill; which was read 

twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Clean Air Act to eliminate a waiver under 

that Act, to eliminate an authorization for States to 

use new motor vehicle emission and new motor vehicle 

engine emissions standards identical to standards adopted in California, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop California from 

5 Advancing Regulatory Burden Act of 2024’’ or the ‘‘Stop 

6 CARB Act of 2024’’. 


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•S 5038 IS

1 SEC. 2. REPEAL OF WAIVERS OF STATE STANDARDS. 

2 (a) IN GENERAL.—Section 209 of the Clean Air Act 

3 (42 U.S.C. 7543) is amended— 

4 (1) by striking subsection (b); 

5 (2) in subsection (c), by striking the last sen6 tence; 

7 (3) in subsection (e)— 

8 (A) by striking paragraph (2); 

9 (B) in paragraph (1), by striking the un10 designated matter following subparagraph (B); 

11 (C) by striking the subsection designation 

12 and heading and all that follows through ‘‘No 

13 State’’ in paragraph (1) and inserting the fol14 lowing: 

15 ‘‘(e) PROHIBITION ON CERTAIN STATE STANDARDS

16 FOR NONROAD ENGINES OR VEHICLES.—No State’’; and 

17 (D) by redesignating subparagraphs (A) 

18 and (B) as paragraphs (1) and (2), respectively, 

19 and indenting appropriately; and 

20 (4) by redesignating subsections (c), (d), and 

21 (e) as subsections (b), (c), and (d), respectively. 

22 (b) EFFECT.—Notwithstanding any other provision 

23 of law, as of the date of enactment of this Act— 

24 (1) no waiver issued under subsection (b) of 

25 section 209 of the Clean Air Act (42 U.S.C. 7543) 

26 (as in effect on the day before the date of enactment 


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•S 5038 IS

1 of this Act) before the date of enactment of this Act 

2 shall have any force or effect; and 

3 (2) any application for a waiver under that sub4 section (as in effect on the day before the date of 

5 enactment of this Act) pending before the Adminis6 trator of the Environmental Protection Agency on 

7 the date of enactment of this Act shall be considered 

8 denied. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) Section 202(i)(2)(A) of the Clean Air Act 

11 (42 U.S.C. 7521(i)(2)(A)) is amended, in the matter 

12 preceding clause (i), in the first sentence, by striking 

13 ‘‘, taking into consideration the waiver provisions of 

14 section 209(b)’’. 

15 (2) Section 211 of the Clean Air Act (42 U.S.C. 

16 7545) is amended— 

17 (A) in subsection (c)(4)— 

18 (i) in subparagraph (A), in the matter 

19 preceding clause (i), by striking ‘‘or (C)’’; 

20 (ii) by striking subparagraph (B); and 

21 (iii) by redesignating subparagraph 

22 (C) as subparagraph (B); 

23 (B) in subsection (k)(1)(B)(ii), by striking 

24 ‘‘(other than a refiner or importer in a State 

25 that has received a waiver under section 209(b) 


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1 with respect to gasoline produced for use in 

2 that State)’’; and 

3 (C) in subsection (o)(6)— 

4 (i) by striking subparagraph (E); 

5 (ii) in subparagraph (F), by striking 

6 ‘‘any State that has received a waiver 

7 under section 209(b) or’’; and 

8 (iii) by redesignating subparagraph 

9 (F) as subparagraph (E). 

10 (3) Section 241(2) of the Clean Air Act (42 

11 U.S.C. 7581(2) is amended, in the second sentence, 

12 by striking ‘‘(or any CARB’’ and all that follows 

13 through ‘‘section 243(e))’’. 

14 (4) Section 242(b) of the Clean Air Act (42 

15 U.S.C. 7582(b)) is amended by striking ‘‘except as 

16 provided in section 244 with respect to administra17 tion and enforcement, and’’ each place it appears. 

18 (5) Section 243 of the Clean Air Act (42 U.S.C. 

19 7583) is amended by striking subsections (e), (f), 

20 and (g). 

21 (6) Section 244 of the Clean Air Act (42 U.S.C. 

22 7584) is repealed. 

23 (7) Section 247(b) of the Clean Air Act (42 

24 U.S.C. 7587(b)) is amended, in the second sentence, 


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•S 5038 IS

1 by striking ‘‘section 242, 243, 244,’’ and inserting 

2 ‘‘sections 242, 243,’’. 

3 SEC. 3. REPEAL OF AUTHORIZATION TO USE CALIFORNIA 

4 NEW MOTOR VEHICLE EMISSION STANDARDS. 

5 (a) IN GENERAL.—Section 177 of the Clean Air Act 

6 (42 U.S.C. 7507) is repealed. 

7 (b) CONFORMING AMENDMENT.—Section 249(e)(3) 

8 of the Clean Air Act (42 U.S.C. 7589(e)(3)) is amended 

9 by striking the second sentence. 

Æ 


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