Environmental Protection Agency Eliminates Federal Greenhouse Gas Vehicle Emissions Requirements
On February 12, 2026, the U.S. Environmental Protection Agency (EPA) formally repealed the 2009 Endangerment Finding issued under Section 202(a) of the Clean Air Act. The repeal removes federal greenhouse gas (GHG) emissions standards and related compliance requirements for light-duty, medium-duty, and heavy-duty motor vehicles.
This regulatory shift significantly alters the federal framework for vehicle greenhouse gas regulation while leaving certain federal programs and state-level requirements intact.
What Was the Endangerment Finding?
The Endangerment Finding, issued in December 2009, determined that six greenhouse gases—carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF₆)—endanger public health and welfare.
This determination formed the legal basis for federal regulation of greenhouse gas emissions from motor vehicles under the Clean Air Act.
What the EPA Repeal Does
The February 2026 repeal:
Eliminates federal GHG emissions standards for new motor vehicles (model years 2012–2027 and beyond)
Rescinds GHG testing and measurement requirements
Removes manufacturer reporting and certification obligations related to GHG emissions
Repeals compliance flexibilities and credit programs
Eliminates averaging, banking, and trading (ABT) provisions specific to GHG emissions
The EPA’s primary justification centers on statutory authority concerns, citing recent U.S. Supreme Court decisions, including West Virginia v. EPA (2022) and Loper Bright Enterprises v. Raimondo (2024), which address limits on agency authority.
What the Repeal Does Not Change
Importantly, several regulatory programs remain in effect:
EPA criteria pollutant emissions standards
EPA mobile source air toxics standards
Corporate Average Fuel Economy (CAFE) standards, administered by the National Highway Traffic Safety Administration (NHTSA)
The Greenhouse Gas Reporting Program (GHGRP) under Section 114 of the Clean Air Act (currently under EPA review but still active)
Regulated entities must continue to comply with these existing requirements.
State-Level Requirements Remain in Place
The repeal does not preempt state authority to regulate vehicle greenhouse gas emissions.
For example:
Pennsylvania’s Clean Vehicles Program continues to require that certain vehicles sold, leased, or titled in the Commonwealth be certified by the California Air Resources Board (CARB) or for 50-state compliance.
Vehicle emissions inspection programs remain mandatory in designated Pennsylvania regions.
Businesses operating across multiple jurisdictions should evaluate potential differences between federal and state regulatory obligations.
Compliance Considerations for Manufacturers and Regulated Entities
Organizations in the automotive, manufacturing, and transportation sectors should assess:
Whether internal compliance systems reference now-repealed federal GHG standards
Continuing obligations under GHGRP reporting requirements
Ongoing state-level vehicle emissions mandates
Contractual or supply chain provisions tied to prior federal GHG requirements
Future regulatory developments at both federal and state levels
While federal GHG vehicle standards have been rescinded, the regulatory landscape remains dynamic.
Frequently Asked Questions (FAQ)
Does the EPA still regulate greenhouse gases?
The EPA no longer regulates greenhouse gas emissions from motor vehicles under the repealed Endangerment Finding, but other Clean Air Act programs—including the Greenhouse Gas Reporting Program—remain in effect.
Are federal vehicle GHG emissions standards still required?
No. The repeal eliminates federal greenhouse gas emissions standards and related compliance programs for motor vehicles.
Do state greenhouse gas vehicle requirements still apply?
Yes. States, including Pennsylvania, may continue to enforce their own vehicle emissions programs.
What is the impact of West Virginia v. EPA and Loper Bright on this repeal?
These Supreme Court decisions emphasize limits on federal agency authority and were cited by the EPA as part of its basis for repealing the Endangerment Finding.
Is the Greenhouse Gas Reporting Program (GHGRP) still required?
Yes. The GHGRP remains active under Section 114 of the Clean Air Act, although it is currently under review.
Strategic Outlook
The repeal represents a significant federal regulatory shift. However, it does not eliminate environmental compliance obligations. Businesses should proactively review their regulatory exposure and monitor evolving federal and state developments.
Contact Our Environmental Law Team
For guidance on how the EPA’s repeal of the Endangerment Finding may affect your operations, compliance programs, or reporting obligations, please contact our office at 814-870-7600 to speak with a member of our environmental law team.
Legal Advice Disclaimer: The information presented on this website serves solely as general guidance and should not be construed as legal advice by MacDonald, Illig, Jones & Britton LLP as a replacement for seeking personalized legal counsel from a qualified attorney. MacDonald, Illig, Jones & Britton LLP does not assume liability for the accuracy or reliability of content hosted on any third-party websites accessible through links provided on this site.