The headquarters of the United States Environmental Protection Agency (EPA) in Washington, D.C., U.S., February 18, 2025. 

The U.S. Environmental Protection Agency said on Wednesday it has submitted the Biden administration's approval of California's landmark plan to end the sale of gasoline-only vehicles by 2035 to Congress for review and potential repeal.

The decision by the new Trump administration gives the Republican-led Congress a chance to repeal the Biden decision to grant California a waiver under the Clean Air Act for its program under the Congressional Review Act.

As a candidate, President Donald Trump vowed to rescind approvals granted by the EPA to California to require more EVs and tighter vehicle emissions standards. Those rules have been adopted by another 11 states, including New York, Massachusetts and Oregon.

EPA Administrator Lee Zeldin, who was nominated by Trump, said the "American people are struggling to make ends meet while dealing with rules that take away their ability to choose a safe and affordable vehicle for their families."

California's rules require 35% of vehicles in the 2026 model year to be a zero-emission model- a figure automakers say is impossible to meet given current sales - rising to 68% by 2030. The state says the rule is crucial to meeting greenhouse gas emission reduction targets and cutting smog-forming pollutants.

The EPA under former President Joe Biden took the position that the waiver was not a regulation and therefore not reviewable by Congress. It remains an open question if Congress will be able to legally vote on the issue.

California first announced a plan in 2020 to require that by 2035 at least 80% of new cars sold be electric and up to 20% plug-in hybrid models.

The EPA also granted in December a waiver for California's “Omnibus” low-NOx regulation for heavy-duty highway and off-road vehicles and engines.

The EPA in March 2022 reinstated a waiver for California to set its own tailpipe emissions limits and zero-emission vehicle rules through 2025, reversing a 2019 decision under Trump's first administration.

The Trump EPA on Wednesday submitted the Omnibus waiver and 2022 waiver to Congress for possible repeal.

The U.S. Transportation Department is separately moving to undo aggressive fuel economy rules adopted by Biden.

The Alliance for Automotive Innovation, representing General Motors (GM.N), opens new tab, Volkswagen (VOWG_p.DE), opens new tab, Toyota Motor (7203.T), opens new tab and other automakers argue California's vehicle rules "will depress economic activity, increase costs and limit vehicle choice" and will require automakers to sell fewer vehicles in the 12 states to comply.