H.R. 346 — Preserving Choice in Vehicle Purchases Act

This section amends the Clean Air Act's criteria for EPA waivers of federal preemption of state motor vehicle emissions standards (42 USC 7543(b)) for states that adopted standards before March 30, 1966 (i.e., California and states adopting its standards). (1) It adds a new basis for denial of such waivers if state standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines, as defined in 40 CFR 63.9375 as in effect on January 1, 2023; (2) it prohibits the EPA Administrator from determining that any state standards amended after enactment are within the scope of a pre-enactment waiver; and (3) it requires revocation of waivers granted from January 1, 2022, through enactment if they do not comply with the new criterion. (Thus, states may no longer obtain or retain waivers for emissions standards that restrict sales of new gasoline-powered vehicles.)