H.R. 3194 — LOCOMOTIVES Act

This section revises Clean Air Act Section 209(e)(1), which prohibits states from adopting or enforcing emission standards for specified nonroad engines or vehicles (subject to waiver provisions in subsections (e)(2) and (e)(5)), by (1) striking the introductory phrase limiting the prohibition to "new" nonroad engines or vehicles subject to federal regulation and inserting language covering "any of the following nonroad engines or nonroad vehicles," (2) restructuring subparagraph (A) to explicitly limit the prohibition to those used in construction or farm equipment, smaller than 175 horsepower, and subject to federal regulation, (3) clarifying that subparagraph (B) applies to locomotives subject to federal regulation, and (4) adding subparagraph (C) to prohibit state standards for locomotives or engines used in locomotives—other than those in (B)—engaged in commerce (i.e., providing common carrier railroad transportation for compensation under 49 U.S.C. 10102). (Thus, the prohibition now applies to existing locomotives and engines used in interstate rail commerce.)