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Bill

Bill

SB 478

TO CREATE THE ARKANSAS DIESEL ENGINE FREEDOM ACT OF 2025; AND TO PROHIBIT STATE ENFORCEMENT OF FEDERAL REGULATION OF CERTAIN TYPES OF DIESEL ENGINES.

2025 Regular Session Introduced by Gary Stubblefield

Arkansas prohibits state enforcement of federal EPA diesel engine emission regulations, allowing unregulated engine modifications despite potential air quality and public health impacts.

Notification that SB478 is now Act 738
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Bill Summary · SB 478

Legislative bill overview

SB 478, now Arkansas Act 738, prohibits state enforcement of federal Environmental Protection Agency (EPA) regulations governing diesel engine emissions and modifications. The bill prevents Arkansas authorities from implementing or enforcing federal diesel engine standards, effectively creating a state-level opt-out from certain federal environmental regulations.

Why is this important

This legislation directly impacts air quality enforcement, engine modification legality, and the balance between state and federal regulatory authority. It affects diesel engine owners, manufacturers, environmental quality, and could influence how other states approach federal environmental standards, while raising questions about Arkansas's legal standing to reject federal regulations.

Potential points of contention

  • Federal supremacy concerns: The Supremacy Clause of the U.S. Constitution establishes federal law as supreme; Arkansas may lack legal authority to prevent enforcement of valid federal regulations, potentially exposing the state to litigation.
  • Air quality and public health: Diesel engine modifications that circumvent EPA standards typically increase emissions (nitrogen oxides, particulate matter), which contribute to respiratory illness and environmental degradation—this bill may worsen these outcomes.
  • Implementation ambiguity: The bill doesn't clarify how state agencies should respond to federal enforcement actions or whether private citizens/businesses can still face federal penalties, creating legal uncertainty.

Compiled from official sources — confirm details with the bill’s official record.

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