Mobile Courant

On July 3, 2024, U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Ted Cruz (R-TX) and 31 Senate colleagues in a letter to Environmental Protection Agency (EPA) Administrator Michael Regan. The letter voiced strong objections to a California climate change regulation targeting railroads, which the Senators argue would significantly burden commerce and threaten one of America’s cleanest and most efficient modes of transportation—rail.

“The technical impracticality, additional cost, and reduction in competition associated with the California rule are too harmful to justify any authorization to allow enforcement. In addition to resulting in these adverse policy outcomes, a decision in favor of CARB would also contravene federal law by sanctioning a California rule that is arbitrary and capricious and lacks a compelling and extraordinary justification for its massive costs. We urge you to protect interstate commerce with a complete denial of CARB’s request,” wrote the Senators.

The letter was signed by Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), Mike Braun (R-IN), Ted Budd (R-NC), Bill Cassidy (R-LA), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Chuck Grassley (R-IA), Bill Hagerty (R-TN), John Hoeven (R-ND), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Jerry Moran (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch(R-ID ), Eric Schmitt(R-MO ), Rick Scott(R-FL ), Tim Scott(R-SC ), John Thune(R-SD ), Thom Tillis(R-NC ) ,and Todd Young(R-IN).

The Senators expressed their opposition to the pending request by the California Air Resources Board(CARB)to authorize enforcement of its rule banning diesel-electric locomotives. They argued that this mandate would harm interstate commerce and reduce utilization of one of the cleanest means of transportation.

"The California rule is plainly unworkable," they stated, highlighting that railroads operating diesel-electric locomotives use on average just one gallon of fuel to move one ton of freight nearly 500 miles. They pointed out that no economically viable technology for full zero-emission operation on long-haul service exists.

They further noted that allowing CARB to enforce this rule would disrupt interstate commerce and drive prices higher, impacting over 11,700 Class I locomotives with compliance costs nearing $16 billion through 2050.

"Those costs and resultant reduction in competition would be passed on to shippers who...would in turn pass increased expenses to consumers," they warned.

In conclusion, the Senators urged EPA Administrator Regan to deny CARB's waiver request entirely.

The background provided indicates that CARB seeks an EPA waiver for its In-Use Locomotive Regulation requiring zero-emission locomotives starting between 2030 or 2035 depending on type while capping diesel-electric locomotive lifespans. The regulation's projected national implications include at least $16 billion in costs through 2050 due to half of all Class I freight locomotives passing through California annually.

___