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 resolution disapproves and nullifies the EPA's rule that allowed California to set its own vehicle and engine pollution control standards.

Markwayne Mullin
R

Markwayne Mullin

Senator

OK

LEGISLATION

Resolution Blocks California's Stricter Truck Emission Rules, Overturns EPA Waiver

This joint resolution takes direct aim at an Environmental Protection Agency (EPA) decision, specifically disapproving and nullifying the rule that granted California a waiver to enforce its own, stricter 'Omnibus Low NOX Regulation' for vehicle and engine emissions (referenced as 90 Fed. Reg. 643). In plain terms, this action stops California from implementing these specific, tougher pollution controls that go beyond current federal standards.

Rolling Back the Rules

So, what was this California rule about? The 'Omnibus Low NOX Regulation' was designed to significantly cut down on Nitrogen Oxides (NOx) – pollutants that contribute heavily to smog and respiratory problems – primarily from heavy-duty trucks and engines. Typically, under the Clean Air Act, states can't set their own vehicle emission standards, unless the EPA grants them a waiver, which it did for this specific California regulation. This resolution effectively hits 'undo' on that EPA permission slip, meaning the California-specific Low NOX standards are void and cannot be enforced.

Who Breathes Easier... and Who Doesn't?

On one side, trucking companies and vehicle manufacturers might see reduced compliance costs, as they won't need to meet California's more stringent NOX requirements for vehicles sold or operated there. The argument is sometimes made that this could lead to lower costs for goods or vehicles, but that's not a direct outcome guaranteed by the resolution.

However, the major impact highlighted by this resolution's action is the removal of an environmental protection. By nullifying the stricter standards, areas in California—particularly those near ports, highways, or industrial zones—might face higher levels of NOX pollution than anticipated under the state's rule. This raises significant concerns for public health, especially for children, the elderly, and individuals with asthma or other respiratory conditions who are disproportionately affected by poor air quality. California pursued these stricter standards specifically because of its ongoing struggles with air pollution, challenges this resolution essentially overrides.

The Bigger Picture: States vs. Feds on Clean Air

This isn't just about one state rule; it touches on the long-standing balance between federal environmental standards and a state's ability to seek stricter measures when facing unique local challenges. California has often used EPA waivers to pioneer tougher emission controls that sometimes influence national policy later. This resolution directly blocks that pathway for the Low NOX rule, reducing the scope of state authority and federal oversight in this specific instance. It halts a targeted effort to improve air quality, leaving the existing federal standards in place as the ceiling, not the floor, for these particular emissions in California.