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Environmental Protection Agency: Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act

B-338118 Mar 05, 2026
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GAO reviewed the Environmental Protection Agency's (EPA) new rule entitled "Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act." GAO found that the final rule rescinds the EPA Administrator's 2009 findings of contribution and endangerment and repeals all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the Clean Air Act (CAA) section 202(a)(1) (42 U.S.C. § 7521(a)(1)).

Enclosed is our assessment of EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact me at (202) 512-8156.

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B-338118

March 5, 2026

The Honorable Shelley Moore Capitol
Chairman
The Honorable Sheldon Whitehouse
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Brett Guthrie
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Environmental Protection Agency: Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA) entitled “Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act” (RIN: 2060-AW71). We received the rule on February 17, 2026. It was published in the Federal Register on February 18, 2026. 91 Fed. Reg. 7686. The effective date of the rule is April 20, 2026.

According to EPA, this rule rescinds the EPA Administrator's 2009 findings of contribution and endangerment and repeals all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the Clean Air Act (CAA) section 202(a)(1) (42 U.S.C. § 7521(a)(1)). EPA determined that CAA section 202(a)(1) does not authorize the agency to prescribe emission standards in response to global climate change concerns for multiple reasons, including the best reading of the statutory terms “air pollution,” “cause,” “contribute,” and “reasonably be anticipated to endanger.” EPA stated that this statutory interpretation is corroborated by application of the major questions doctrine. EPA further determined that GHG emission standards for new motor vehicles and engines do not impact in any material way the public health and welfare concerns identified in the Administrator's prior findings in 2009. EPA concluded that it lacks statutory authority to regulate GHG emissions in response to global climate change concerns under CAA section 202(a)(1).

Enclosed is our assessment of EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact me at (202) 512-8156.


Shirley A. Jones
Managing Associate General Counsel

ENCLOSURE

ENVIRONMENTAL PROTECTION AGENCY
ENTITLED
“RESCISSION OF THE GREENHOUSE GAS ENDANGERMENT FINDING AND MOTOR VEHICLE
GREENHOUSE GAS EMISSION STANDARDS UNDER THE CLEAN AIR ACT”
(RIN: 2060-AW71)

(i) Cost-benefit analysis

The Environmental Protection Agency (EPA) prepared an analysis of the costs and benefits of this rule. 91 Fed. Reg. 7686, 7753–57 (Feb. 18, 2026). EPA presented results from four scenarios to estimate the costs and benefits of the rule. Id. at 7754. EPA estimated that the rule will result in net savings of between $89 billion to $680 billion, at a seven percent discount rate, and range from net costs of $180 billion to net savings of $920 billion, at a three percent discount rate. Id. at 7755.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

The EPA Administrator certified that this rule will not have a significant economic impact on a substantial number of small entities. 91 Fed. Reg. at 7758.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

EPA determined that this rule will not have an effect on state, local, or tribal governments, in the aggregate, or on the private sector, of $100 million in 1995 dollars, updated annually for inflation, in any one year. 91 Fed. Reg. at 7758. EPA stated that the rule imposes no enforceable duty on any state, local, or tribal governments, and relieves duties with respect to the private sector. Id.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

On August 1, 2025, EPA published a proposed rule. 90 Fed. Reg. 36288. EPA also held four days of virtual public hearings from August 19 through August 22, 2025. 91 Fed. Reg. at 7693. EPA stated that they received comments from various interested parties. Id. EPA provided summaries of the comments and its responses in the rule and more detailed descriptions of the comments and its responses in a separate document included in the rulemaking docket. Id.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

EPA determined that this rule revises information collection requirements under the Act. 91 Fed. Reg. at 7757.

Statutory authorization for the rule

EPA promulgated this rule pursuant to sections 7401–7671q of title 42, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

EPA stated that this rule is significant under the Order and was submitted to the Office of Management and Budget for review. 91 Fed. Reg. at 7753.

Executive Order No. 13132 (Federalism)

EPA determined that this rule does not have federalism implications. 91 Fed. Reg. at 7758.

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