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 Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision".
- Sponsor
- Sen. Lummis, Cynthia M. [R-WY]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Aug 5, 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 state-specific environmental regulations.
What it actually does
This joint resolution utilizes the Congressional Review Act to disapprove and nullify a specific rule issued by the Environmental Protection Agency (EPA). The EPA rule, published on January 6, 2025, concerned the approval of California's nonroad engine pollution control standards for small off-road engines. By passing this resolution, Congress would prevent California's stricter emission standards for equipment like lawnmowers and generators from taking effect.
Proponents argue
Supporters of this resolution argue that the EPA's rule grants California undue authority to set de facto national standards, leading to regulatory overreach and creating a burdensome patchwork of regulations for manufacturers. They contend that this action would protect industries reliant on small off-road engines, such as agriculture and landscaping, from increased costs and reduced equipment availability, promoting a more consistent national regulatory environment.
Opponents contend
Opponents of the resolution (i.e., proponents of the EPA rule) would argue that California has a legally established waiver authority under the Clean Air Act to set more stringent emissions standards to address its unique and severe air quality challenges. They would assert that the EPA's decision was consistent with federal law and is crucial for protecting public health and the environment from harmful pollutants emitted by small off-road engines, and that this resolution undermines states' rights to pursue environmental protection.
The bill text is exceptionally brief and clear, allowing for immediate comprehension of its direct action. The time required to read the bill is minimal, making it highly accessible for public review.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves 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'' (90 Fed. Reg. 640 (January 6, 2025)), and such rule shall have no force or effect.
Disapproval of EPA Rule on California Nonroad Engine Standards
This provision explicitly states that Congress disapproves of a specific rule published by the Environmental Protection Agency (EPA) on January 6, 2025. This rule pertains to the EPA's decision regarding California's pollution control standards for small off-road engines. By disapproving this rule, the resolution aims to prevent it from having any legal effect, thereby nullifying the EPA's approval of California's stricter regulations and preventing their implementation.
Supporters argue
Supporters of this provision argue that it restores regulatory consistency by preventing a single state's standards from effectively dictating national policy. They contend that the EPA's approval of California's rule creates an unnecessary burden on manufacturers and consumers, leading to higher costs and reduced product availability without a clear national benefit. They believe this disapproval protects economic interests and promotes a more streamlined regulatory environment.
Critics contend
Opponents of this provision argue that it undermines California's long-standing and legally recognized authority under the Clean Air Act to set more stringent emissions standards to address its unique and severe air quality challenges. They assert that blocking the EPA's approval prevents critical progress in reducing harmful air pollutants from a significant source, thereby compromising public health and environmental protection in California and potentially beyond.
Tradeoffs
This provision highlights a fundamental tension between the desire for national regulatory uniformity to ease burdens on industry and the principle of states' rights to set stricter environmental standards, particularly California's unique waiver authority. It balances the potential economic impacts on manufacturers and consumers against the public health and environmental benefits derived from reduced emissions.