Congress strips states of power to limit locomotive pollution
H.R. 3194 — LOCOMOTIVES Act · Filed by John Moolenaar (R-MI) · 26 cosponsors · Introduced May 5, 2025 · Markup held
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What it does
This bill amends the Clean Air Act to prohibit states from setting their own emissions standards for existing locomotives and railroad engines. Currently, Section 209(e) of the Clean Air Act allows states to regulate certain nonroad engines; this bill narrows that exception by carving out locomotives and engines used in locomotives from state regulatory authority, leaving only federal EPA standards to apply.
Why we flagged it
The bill's operative mechanism is a federal preemption of state environmental authority over a specific industry (railroads). It removes locomotives from the state-standard exception in the Clean Air Act, effectively shielding the rail industry from state-level emissions regulation while preserving federal-only oversight.
What the text implies
- States cannot use their traditional police power to protect local air quality from locomotive emissions, even in nonattainment areas or communities with high respiratory disease burden.
- The bill's definition of 'engaged in commerce' references 49 U.S.C. § 10102 (common carrier railroad transportation for compensation), which may be narrower or broader than the actual universe of locomotives affected — the bill's effect depends on how that statute defines the category.
The full analysis lists 5 implications of this text.
Who stands to gain
Class I and regional railroads (reduced compliance costs from avoiding state-specific emissions stan; Locomotive manufacturers (simplified regulatory landscape, no need to meet varying state standards)