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 Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision".
- Sponsor
- Rep. Obernolte, Jay [R-CA-23]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Aug 10, 2026
Bottom line
This resolution seeks to overturn an EPA rule that approved California's stricter emissions standards for small off-road engines, effectively blocking those standards from being implemented.
What it actually does
This joint resolution utilizes the Congressional Review Act (CRA) to disapprove a specific rule issued by the Environmental Protection Agency (EPA). The rule in question, published on January 6, 2025, pertains to the EPA's decision regarding California's nonroad engine pollution control standards, specifically those for small off-road engines. If enacted, this resolution would nullify the EPA's rule, preventing it from taking effect and potentially impacting California's ability to implement its own stricter emissions standards for these engines.
Proponents argue
Proponents argue that the EPA rule oversteps federal authority or imposes undue burdens on manufacturers and consumers by allowing California to set standards that could affect national markets. They may also argue for regulatory consistency across states or contend that the EPA's approval of California's rule was arbitrary or exceeded its statutory authority, thus warranting congressional disapproval.
Opponents contend
Opponents would contend that disapproving the EPA rule undermines states' rights to address local environmental concerns and public health. They would argue that California's standards are necessary to reduce air pollution from small off-road engines, protecting public health and the environment, and that the EPA's original approval was a valid exercise of its authority under the Clean Air Act.
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Resolved by the Senate and House of Representatives... That Congress disapproves the rule...
Disapproval of EPA Rule on California Nonroad Engine Standards
This provision explicitly states that Congress disapproves the rule submitted by the Environmental Protection Agency (EPA) concerning "California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision" (90 Fed. Reg. 640 (January 6, 2025)). By disapproving this rule, the joint resolution aims to prevent the EPA's decision from having any legal force or effect, thereby nullifying the EPA's approval of California's stricter emissions regulations for small off-road engines.
Supporters argue
Supporters of the resolution argue that the EPA's approval of California's rule created an unnecessary regulatory burden or an uneven playing field for manufacturers. They may contend that federal standards should be uniform, or that California's specific standards are overly stringent and costly without sufficient environmental benefit, thus justifying congressional intervention to block the EPA's decision.
Critics contend
Opponents of the resolution argue that it undermines California's long-standing authority under the Clean Air Act to set its own, often stricter, emissions standards, which serve as a model for other states. They contend that blocking the EPA's approval prevents California from addressing its unique air quality challenges and deprives its residents of cleaner air, while also potentially hindering innovation in cleaner engine technology.
Tradeoffs
The resolution highlights a tension between states' rights to set stricter environmental standards (specifically California's waiver authority under the Clean Air Act) and the desire for national regulatory uniformity or reduced regulatory burden on industry. It also involves a tradeoff between potential economic costs for manufacturers to meet stricter standards and the public health and environmental benefits of reduced air pollution.