This bill would amend the Clean Air Act to prevent states from eliminating the sale of new internal combustion engine (ICE) vehicles and to constrain how waivers are used for state emissions standards. It adds a new provision to Section 209(b) to define standards that directly or indirectly limit ICE sales and clarifies that such standards fall outside the waiver mechanism.
It also narrows the scope of which state standards can be considered under waivers after enactment.
Additionally, SB996 provides that the Environmental Protection Agency must revoke waivers that were granted under Section 209(b) if the waiver does not comply with the new D(4) constraint and the subparagraph defining ICE. Taken together, the bill preserves the availability of ICE-powered vehicles while recalibrating the federal-state interplay around vehicle emissions policy.
The effect is to slow or block policy moves that would phase out ICE sales and to ensure existing waiver determinations align with the new standard.
At a Glance
What It Does
Amends Section 209(b) to define state standards that directly or indirectly limit ICE sales as outside the Waiver scope and adds a post-enactment waiver constraint. It also requires EPA to revoke noncompliant waivers.
Who It Affects
Federal and state environmental agencies, automakers with ICE platforms, ICE vehicle dealers, and buyers who want ICE options. It reshapes who can pursue, defend, or rely on state-level ICE-restrictive standards.
Why It Matters
Sets a legal framework to preserve ICE sales and consumer choice while reining in state-led emissions standards that would otherwise curb ICE vehicle options.
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What This Bill Actually Does
SB996 amends the Clean Air Act to prevent states from banning or restricting the sale of new ICE vehicles. It introduces a new requirement to Section 209(b) that a state standard which directly or indirectly limits ICE sales is not eligible for waiver.
It also adds a restriction that post-enactment state standards cannot be deemed within the scope of waivers granted prior to enactment. The bill directs the EPA to revoke waivers if a granted waiver does not comply with these new rules.
The overall aim is to keep ICE vehicles on the market while clarifying how federal waivers interact with state rules on vehicle emissions. Implementation hinges on definitional clarity for what qualifies as an ICE standard and how waivers are evaluated after enactment.
The bill thereby reshapes the federal-state balance on emissions policy by prioritizing consumer choice in vehicle propulsion options. It does not, on its face, set a climate policy deadline, but it constrains aggressive state actions that would reduce ICE availability.
The Five Things You Need to Know
The bill adds a new subparagraph to Section 209(b) prohibiting state standards that directly or indirectly limit ICE vehicle sales.
It introduces a post-enactment waiver constraint: post-enactment standards cannot be treated as waivable under pre-enactment waivers.
EPA must revoke waivers that do not comply with the new ICE-sales restriction.
The ICE definition used comes from 40 CFR 63.9375 as in effect on January 1, 2023.
The act is titled the Preserving Choice in Vehicle Purchases Act of 2025 and targets the federal-state waiver pathway for emissions policy.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short Title
Declares the bill’s official name as the Preserving Choice in Vehicle Purchases Act of 2025 and provides that it may be cited accordingly.
Amendments to Section 209(b) – ICE-vehicle sale standards
This section adds a new subparagraph (D) to 209(b)(1) defining state standards that directly or indirectly limit the sale or use of new ICE vehicles as not eligible for waiver, and adds a clarifying term that ICE standards defined for the purposes of this section reference the definition in 40 CFR 63.9375 (as of 2023). It also introduces a new subsection (4) restricting how waivers can apply to post-enactment state standards.
Effect on Existing Waivers
The Administrator must revoke a waiver granted under section 209(b) if the waiver does not comply with the newly added requirements in subsection (D). This revocation applies to waivers issued during the period from January 1, 2022, up to the date of enactment.
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Explore Environment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Consumers who prefer ICE-powered vehicles retain the option to purchase new ICE models and avoid a mandated transition to other propulsion types.
- Automakers with established ICE platforms maintain a viable market for ICE vehicles and related supply chains.
- New-car dealerships with ICE inventory continue to operate without abrupt shifts away from ICE models.
- ICE components suppliers and service providers retain demand tied to ICE vehicles.
- State environmental agencies with bipartisan support for consumer choice preserve policy options consistent with ICE sales.
Who Bears the Cost
- EPA and state environmental agencies incur enforcement and waiver-review responsibilities to ensure compliance with the new standard.
- Automakers heavily invested in electrification may face slower market shifts if ICE availability remains higher than anticipated.
- Stakeholders pursuing aggressive decarbonization policies may argue the bill hinders emissions reductions and creates regulatory friction.
- Some consumers might experience a slower transition to EVs if ICE sales remain robust and policy signals do not accelerate electrification.
- Taxpayers could incur costs related to regulatory implementation and potential litigation arising from altered emissions policy trajectories.
Key Issues
The Core Tension
Balancing consumer choice and climate policy: preserving the ongoing sale of ICE vehicles while allowing states to pursue stringent emissions standards—and determining who bears the cost when waivers and definitions constrain both regulatory ambition and market adaptation.
The bill creates a legally complex environment where state policies on vehicle emissions are constrained by a narrowed waiver framework. A central tension is between preserving consumer choice in propulsion options (ICE vs. electric) and allowing states to pursue aggressive decarbonization if they wish.
The definitional clarity around what constitutes an ICE standard, and how that interacts with existing waiver provisions, will shape court and regulator interpretations. Implementation will hinge on the EPA’s ability to monitor post-enactment standards and assess whether earlier waivers comply with the new restrictions, potentially triggering challenges from states or industry groups.
The interplay with the 40 CFR 63.9375 ICE definition means the policy hinges on technical criteria that can be contested in rulemaking or litigation. The bill also invites questions about transitional costs for manufacturers, dealers, and regulators as they adapt to a shifted federal-state balance on vehicle sales policy.
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