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 Pollution Control Standards; Notice of Decision Granting a Waiver of Clean Air Act Preemption for California's Advanced Clean Car Program and a Within the Scope Conformation for California's Zero Emission Vehicle Amendments for 2017 and Earlier Model Years".
- Sponsor
- Sen. Ricketts, Pete [R-NE]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Aug 5, 2026
Bottom line
This resolution uses the Congressional Review Act to overturn an EPA waiver that permits California to set its own, stricter vehicle emissions standards, potentially impacting vehicle availability and environmental regulations nationwide.
What it actually does
This joint resolution seeks to disapprove a specific rule issued by the Environmental Protection Agency (EPA) in 2013, which granted California a waiver under the Clean Air Act. This waiver allowed California to implement its own motor vehicle pollution control standards, specifically the Advanced Clean Car Program and Zero Emission Vehicle amendments for 2017 and earlier model years. If enacted, this resolution would nullify the EPA's 2013 waiver decision, preventing California from enforcing these specific state-level emissions standards.
Proponents argue
Proponents argue that the EPA's waiver for California creates a patchwork of regulations, imposing California's stricter standards on other states and increasing costs for consumers and manufacturers. They contend that a single federal standard is more efficient for the auto industry and prevents regulatory overreach by a single state, fostering economic efficiency and reducing compliance burdens.
Opponents contend
Opponents argue that disapproving the waiver would undermine states' rights to address local environmental concerns and reduce air pollution. They assert that California's waiver has historically driven innovation in cleaner vehicle technologies and that rescinding it would hinder efforts to combat climate change and improve public health, especially in states that choose to adopt California's standards.
The bill text is extremely short and straightforward, making it highly accessible for any reader to understand its direct legislative action.
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 Motor Vehicle Pollution Control Standards; Notice of Decision Granting a Waiver of Clean Air Act Preemption for California's Advanced Clean Car Program and a Within the Scope Conformation for California's Zero Emission Vehicle Amendments for 2017 and Earlier Model Years" (78 Fed. Reg. 2112 (January 9, 2013)), and such rule shall have no force or effect.
Disapproval of EPA Waiver for California's Advanced Clean Car Program
This provision explicitly states that Congress disapproves of a specific rule issued by the Environmental Protection Agency (EPA) on January 9, 2013. This EPA rule granted California a waiver under the Clean Air Act, allowing the state to set its own motor vehicle pollution control standards, including the Advanced Clean Car Program and Zero Emission Vehicle requirements for model years 2017 and earlier. By disapproving this rule, the joint resolution aims to nullify the EPA's waiver, thereby preventing California from enforcing these specific state-level emissions standards.
Supporters argue
Supporters argue that this provision restores a uniform national standard for vehicle emissions, reducing the regulatory burden on auto manufacturers who currently must comply with two distinct sets of rules (federal and California's, adopted by other states). They contend that a single standard will foster economic efficiency, lower vehicle costs for consumers, and prevent California from effectively dictating national automotive policy.
Critics contend
Opponents argue that this provision strips California and other states of their long-standing authority under the Clean Air Act to address unique local air quality challenges and drive innovation in cleaner vehicle technologies. They contend that nullifying the waiver would lead to increased air pollution, undermine public health, and remove a critical incentive for the automotive industry to develop more environmentally friendly vehicles.
Tradeoffs
The provision navigates the tension between states' rights to set stricter environmental standards to address local concerns and the desire for a uniform national regulatory framework to reduce compliance costs for industries. It also highlights the balance between environmental protection goals and potential economic impacts on manufacturers and consumers.