Arlington, VA-The American Consumer Institute (ACI) supports the EPA’s proposal to delay implementation of Tier 4 criteria‑pollutant standards from MY 2027 to MY 2029; the original 2024 rule relied on unrealistic assumptions about rapid electric vehicle (EV) adoption. The standards are unattainable under current market conditions because EV demand has stalled, incentives have been repealed, and automakers have scaled back EV production lines.
Tier 4 compliance depended on high EV penetration to lower fleetwide emissions averages. Federal actions in 2025—including blocking California’s ICE‑phaseout and ending EV purchase incentives—undermined those assumptions. Automakers have since canceled EV programs, taken billions in losses, and raised prices on gas‑powered vehicles to offset regulatory costs.
Using the Clean Air Act to engineer a de facto EV mandate potentially violates the major questions doctrine established in West Virginia v. EPA, because Congress never authorized EPA to reshape the auto market or eliminate gas‑powered vehicles.
A two‑year delay is a necessary course correction that restores regulatory feasibility, respects statutory limits, and protects consumers from higher costs and reduced vehicle choice. EPA should adopt a more balanced, market‑driven approach aligned with consumer preferences and economic realities.
Read ACI’s comments here.
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The American Consumer Institute is a nonprofit education and research organization.