Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The "Omnibus" Low NOX Regulation; Waiver of Preemption; Notice of Decision".
- Bill Number
- H.J.Res. 89
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Became Law
- Became Law
- Public Law 119-17
- Latest Action
- 2025-06-12: Became Public Law No: 119-17.
- Last Updated
- 2026-07-10T15:38:29Z
AI-Generated Summary
Purpose
This joint resolution, H.J. Res. 89, uses the Congressional Review Act to disapprove a specific rule issued by the Environmental Protection Agency (EPA). The rule in question granted California a waiver allowing the state to enforce stricter pollution control standards for motor vehicles, engines, and nonroad engines (like those in construction equipment) under its "Omnibus" Low NOX Regulation. NOX refers to nitrogen oxides, pollutants that contribute to smog and respiratory issues. The purpose is to block this waiver, preventing California from implementing these tougher standards independently of federal rules.
Key Provisions
- Disapproval of EPA Rule: Congress explicitly disapproves the EPA's "Notice of Decision" published on January 6, 2025 (90 Fed. Reg. 643), which waived federal preemption for California's standards. Preemption means federal law normally overrides state laws in this area to ensure uniformity, but the waiver would have allowed California's stricter rules to take effect.
- Nullification: The disapproved rule is declared to have no legal force or effect, effectively revoking the waiver.
Significant Changes to Existing Law
- This resolution overrides the EPA's administrative decision under the Clean Air Act, which typically allows California (and states adopting its standards) to set vehicle emission rules stricter than federal ones.
- It restores federal preemption in this specific case, meaning California's "Omnibus" Low NOX Regulation cannot be enforced without further EPA approval or congressional action.
- No new laws are created; instead, it uses an existing mechanism (Congressional Review Act) to undo an agency action, marking a rare instance of Congress directly intervening in environmental rulemaking.
Potential Impacts
- On Government Agencies: Limits the EPA's flexibility in granting waivers, potentially slowing future state-led environmental initiatives and increasing congressional oversight of agency decisions.
- On Citizens: May delay or prevent reductions in vehicle-related air pollution in California and up to 13 other states that often adopt its standards, affecting public health in areas with high smog levels. It could also influence vehicle prices and availability if stricter rules were implemented.
- On International Relations: Minimal direct impact, though it could signal U.S. policy shifts on emissions standards, indirectly affecting trade or cooperation with countries focused on global climate goals.
- Broader Environmental Effects: Hinders efforts to lower NOX emissions from engines, potentially worsening air quality in populated regions without alternative federal or state actions.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Loses authority over the waived rule, facing constraints on similar future decisions.
- State of California and Adopting States: Cannot enforce the stricter standards, impacting state environmental agencies and local air quality management.
- Automobile and Engine Manufacturers: Relieved of immediate compliance costs for California's rules but may face uncertainty in national standards.
- Environmental and Public Health Groups: Likely opposed, as it blocks pollution reductions benefiting vulnerable populations like those with asthma.
- General Public and Consumers: Affected through air quality, fuel efficiency, and vehicle costs in regulated states.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes Chapter 8 of Title 5, U.S. Code (Congressional Review Act), a tool for Congress to review and overturn agency rules within 60 legislative days. This sets a precedent for challenging EPA waivers under the Clean Air Act.
- Constitutional: Highlights separation of powers, with Congress checking the executive branch's regulatory authority, but could raise questions about federalism (balance between national and state powers) if challenged in court.
- Political: Demonstrates bipartisan or partisan use of fast-track disapproval (simple majority vote, no presidential signature needed if passed timely), potentially fueling debates on environmental regulation versus industry interests. No amendments or expiration dates are specified, making the nullification permanent unless revisited.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (32)
Rep. Fulcher, Russ [R-ID-1], Rep. Joyce, John [R-PA-13], Rep. James, John [R-MI-10], Rep. Kiley, Kevin [R-CA-3], Rep. LaMalfa, Doug [R-CA-1], Rep. McClain, Lisa C. [R-MI-9], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Balderson, Troy [R-OH-12], Rep. Rulli, Michael A. [R-OH-6], Rep. Webster, Daniel [R-FL-11], Rep. Harshbarger, Diana [R-TN-1], Rep. Bice, Stephanie I. [R-OK-5], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Bentz, Cliff [R-OR-2], Rep. Dunn, Neal P. [R-FL-2], Rep. Baumgartner, Michael [R-WA-5], Rep. Grothman, Glenn [R-WI-6], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Palmer, Gary J. [R-AL-6], Rep. Mann, Tracey [R-KS-1], Rep. Hill, J. French [R-AR-2], Rep. Crenshaw, Dan [R-TX-2], Rep. Williams, Roger [R-TX-25], Rep. Flood, Mike [R-NE-1], Rep. Moore, Tim [R-NC-14], Rep. Tenney, Claudia [R-NY-24], Rep. Messmer, Mark [R-IN-8], Rep. Ogles, Andrew [R-TN-5], Rep. Fong, Vince [R-CA-20], Rep. Yakym, Rudy [R-IN-2], Rep. Moore, Riley [R-WV-2], Rep. Kelly, Mike [R-PA-16]
Recent Actions
- 2025-06-12: Became Public Law No: 119-17.
- 2025-06-12: Became Public Law No: 119-17.
- 2025-06-12: Signed by President.
- 2025-06-12: Signed by President.
- 2025-06-06: Presented to President.
- 2025-06-06: Presented to President.
- 2025-05-23: Message on Senate action sent to the House.
- 2025-05-22: Passed Senate without amendment by Yea-Nay Vote. 49 - 46. Record Vote Number: 281. (Roll call 281)
- 2025-05-22: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 49 - 46. Record Vote Number: 281. (Roll call 281)
- 2025-05-22: Measure laid before Senate by motion. (consideration: CR S3105-3106, S3109-3110)
- 2025-05-22: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 51 - 46. Record Vote Number: 280. (Roll call 280)
- 2025-05-21: Received in the Senate, read twice.
- 2025-04-30: Motion to reconsider laid on the table Agreed to without objection.
- 2025-04-30: On passage Passed by the Yeas and Nays: 225 - 196 (Roll no. 112). (text: CR H1755) (Roll call 112)
- 2025-04-30: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 196 (Roll no. 112). (text: CR H1755) (Roll call 112)
Bill Versions
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The "Omnibus" Low NOX Regulation; Waiver of Preemption; Notice of Decision". — issued 2025-04-30 — PDF (4 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The "Omnibus" Low NOX Regulation; Waiver of Preemption; Notice of Decision". — issued 2025-05-30 — PDF (1 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The "Omnibus" Low NOX Regulation; Waiver of Preemption; Notice of Decision". — issued 2025-04-02 — PDF (2 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The "Omnibus" Low NOX Regulation; Waiver of Preemption; Notice of Decision". — issued 2025-05-21 — PDF (2 pages)