PolicyBrief
H.J.RES. 89
119th CongressApr 30th 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 and Nonroad Engine Pollution Control Standards; The 'Omnibus' Low NOX Regulation; Waiver of Preemption; Notice of Decision".
HOUSE PASSED

Disapproves the EPA's rule that allows California to set its own pollution standards for vehicles and engines.

Jay Obernolte
R

Jay Obernolte

Representative

CA-23

PartyTotal VotesYesNoDid Not Vote
Democrat
213101958
Republican
22021514
LEGISLATION

Congress Moves to Block EPA Rule Allowing Stricter California Vehicle Emission Standards

This Joint Resolution takes aim squarely at an Environmental Protection Agency (EPA) decision green-lighting California's tougher vehicle pollution rules. Specifically, it uses the Congressional Review Act (CRA) – a tool allowing Congress to overturn recent federal agency regulations – to disapprove the EPA rule published in the Federal Register (90 Fed. Reg. 643). If this resolution passes, that EPA rule allowing California's 'Omnibus' Low NOX Regulation is effectively cancelled before it starts.

Unpacking the Blocked Rule

So, what exactly is being stopped here? The EPA rule in question granted California a waiver under the Clean Air Act. This waiver is a long-standing provision acknowledging California's unique air quality challenges, allowing it to set emission standards for vehicles and engines that are stricter than federal requirements. The specific rule targeted, the 'Omnibus' Low NOX Regulation, aimed to significantly cut down on nitrogen oxides (NOX) – pollutants that are key ingredients in smog and contribute to respiratory problems. This resolution essentially says Congress disagrees with the EPA's decision to let California proceed with this specific stricter standard.

Real-World Air Quality Implications

Blocking this waiver doesn't just affect California. Historically, other states concerned about air quality often choose to adopt California's stricter standards rather than follow the federal baseline. By preventing California from implementing its Low NOX rule, this resolution could indirectly halt efforts in other states that might have followed suit. The practical effect could mean higher levels of NOX pollution than would occur under the California plan, impacting air quality and public health, particularly in urban areas or regions already struggling with smog. While vehicle and engine manufacturers might see this as reducing regulatory complexity and potential costs by avoiding a stricter state-level requirement, the primary impact is the halt on these specific enhanced emission controls.

The State vs. Federal Tug-of-War

This move highlights the ongoing tension between federal authority and a state's ability to address its specific environmental concerns, particularly when it comes to air pollution. The Clean Air Act explicitly allows California to seek these waivers, and the EPA's role is to evaluate them based on specific criteria. Using the Congressional Review Act allows Congress to directly override the agency's judgment on this particular waiver, bringing the debate over who sets the standards for the air we breathe directly into the legislative arena.