PolicyBrief
H.J.RES. 88
119th CongressMay 1st 2025
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 Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".
HOUSE PASSED

Nullifies the EPA's rule that allowed California to set its own vehicle emission standards.

John Joyce
R

John Joyce

Representative

PA-13

PartyTotal VotesYesNoDid Not Vote
Democrat
2133516414
Republican
21921108
LEGISLATION

Resolution Aims to Block EPA Approval of California's Stricter 'Advanced Clean Cars II' Emission Rules

This joint resolution takes aim at a specific Environmental Protection Agency (EPA) decision, seeking to disapprove the rule published in the Federal Register (90 Fed. Reg. 642). That rule granted California permission – known as a 'waiver of preemption' – to enforce its own, more stringent vehicle emission standards, called the 'Advanced Clean Cars II' (ACC II) program. If this resolution passes, the EPA's waiver would be nullified, meaning California's ACC II rules could not be enforced.

Undoing the Waiver: What It Means

Under the Clean Air Act, California has a unique ability to request waivers to set tougher air pollution standards for vehicles than the federal government requires, largely due to its historical air quality challenges. The EPA granted such a waiver for the ACC II program, which mandates an increasing percentage of zero-emission vehicle sales, aiming for 100% by model year 2035. This resolution uses the Congressional Review Act (CRA), a tool allowing Congress to overturn federal agency rules shortly after they are finalized. Passing this resolution effectively cancels the EPA's permission slip, blocking California from implementing these specific stricter standards.

Ripple Effects Beyond California

The impact extends beyond California's borders because other states are allowed to adopt California's approved standards. Blocking the ACC II waiver means those states also lose the option to adopt these specific stricter rules. This could slow the transition to electric vehicles and other low-emission cars nationwide, potentially affecting air quality, especially in urban areas or states that planned to follow California's lead. For car buyers, it might mean fewer EV options available sooner, while for automakers, it could mean navigating less stringent, but potentially more fragmented, regulatory landscapes if states pursue other avenues.

State Rules vs. Federal Oversight

At its core, this resolution highlights the ongoing tension between uniform federal regulations and a state's authority to address its specific environmental problems. By targeting the EPA's waiver for ACC II, the resolution directly prevents California and potentially other states from enforcing these particular tougher emission controls aimed at reducing air pollution and greenhouse gases from vehicles. The practical outcome would be that the vehicle emission standards set by the federal government would remain the ceiling, rather than California's ACC II rules setting a higher bar that other states could choose to meet.