PolicyBrief
S.J.RES. 47
119th CongressApr 4th 2025
A joint resolution providing for 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".
IN COMMITTEE

This joint resolution disapproves the Environmental Protection Agency's rule concerning California's low NOx vehicle and engine pollution control standards.

Markwayne Mullin
R

Markwayne Mullin

Senator

OK

LEGISLATION

Congress Moves to Scrap EPA Rule Allowing California’s Strict Low NOx Vehicle Emissions Standards

This joint resolution is Congress’s way of hitting the undo button on a specific rule recently put forward by the Environmental Protection Agency (EPA). Specifically, it targets the EPA rule that affirmed California’s authority to enforce its “Omnibus Low NOx Regulation” for vehicles and engines. If this resolution passes, that EPA rule—which essentially gives California the green light to set stricter pollution standards than the federal government—gets immediately canceled. That means the EPA’s decision to allow California’s tough new rules on nitrogen oxide (NOx) emissions would be null and void, with no legal effect.

The California Waiver: Why It Matters

To understand why this is a big deal, you need to know about the “California Waiver.” For decades, the Clean Air Act has allowed California to set its own, often stricter, vehicle emissions standards. Other states can then choose to follow California’s lead instead of the federal standard. The EPA rule being targeted here was about confirming that California could apply its new, aggressive Low NOx standards—aimed at reducing smog and fine particulate matter—to new diesel trucks and heavy-duty engines. This resolution is a direct challenge to that authority, using a process called the Congressional Review Act (CRA) to wipe the rule off the books (as detailed in the bill’s provision for congressional disapproval under chapter 8 of title 5, United States Code).

What Getting Rid of Low NOx Means for Air Quality

Nitrogen oxides (NOx) are nasty pollutants that contribute to smog and acid rain, and they’re particularly harmful in dense urban areas or near major transportation corridors. For the average person, especially those living near highways or working in logistics, these emissions impact air quality and public health. The EPA’s rule was designed to let California push manufacturers to adopt cleaner engine technology faster, which would eventually lead to less smog and fewer respiratory illnesses. By canceling this rule, Congress is effectively slowing down the required adoption of these cleaner standards. If you live in a valley or a basin where air quality is already a concern, this resolution directly affects the air you breathe, potentially delaying improvements.

The Regulatory Whiplash for Manufacturers

While the goal of the EPA rule was cleaner air, it also meant higher costs for engine and vehicle manufacturers to comply with the new standards. For a small business that runs a fleet of trucks, or a construction company buying new heavy equipment, the cancellation of this rule offers short-term relief from potentially higher purchase prices. However, it also creates massive regulatory uncertainty. Manufacturers must now wait to see if they need to invest billions in retooling their lines for the stricter California standard (which other states often adopt) or if they can stick to the less stringent federal requirements. This kind of regulatory back-and-forth makes long-term planning a headache for everyone from engineers to fleet managers.