Advocacy Submits Comments on EPA Waiver Request for California Locomotive Regulation

On February 27, 2024, the U.S. Environmental Protection Agency (EPA) published a notice that the state of California has requested the EPA to authorize its In-Use Locomotive Regulation. The In-Use Locomotive regulation would place multiple new regulatory requirements on railroads within California.

The Clean Air Act allows other states to implement California’s standards once they are finalized. Advocacy is concerned that the ability of other states to potentially implement the In-Use Locomotive Rule turns a state regulation into a de facto national regulation.

Advocacy is concerned that California’s proposed rule will disproportionately harm small locomotives. Advocacy is also concerned the rule will impact small businesses nationwide who rely on the country’s rail system. As such, Advocacy recommends the EPA withhold authorization of California’s proposed rule until the state addresses its impact on small businesses.

For more information, please contact Assistant Chief Counsel Nick Goldstein at (202) 772-6948, or


Comment Letter – California State Nonroad Engine Pollution Control Standards; In-Use Locomotive Regulation (PDF, 77.4 KB)

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