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; Ocean-Going Vessels At-Berth; Notice of Decision".
- Sponsor
- Sen. Sullivan, Dan [R-AK]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Aug 6, 2026
Bottom line
This resolution uses the Congressional Review Act to overturn an EPA rule that approved California's stricter pollution standards for ocean-going vessels at berth.
What it actually does
This joint resolution, introduced under the Congressional Review Act (CRA), seeks to nullify a specific rule issued by the Environmental Protection Agency (EPA). The rule in question pertains to "California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision," published in the Federal Register on October 20, 2023. If enacted, the resolution would prevent this EPA rule from taking effect, thereby maintaining the status quo regarding these particular pollution control standards for ocean-going vessels at berth.
Proponents argue
Supporters of this resolution argue that the EPA rule, by approving California's stricter standards, imposes undue burdens on the shipping industry, potentially increasing operational costs and diverting maritime traffic to other ports. They may also contend that federal standards are sufficient, or that California's rule oversteps state authority or creates an uneven regulatory landscape that harms interstate commerce and national supply chains.
Opponents contend
Opponents of this resolution (and thus proponents of the EPA rule) would argue that California's standards are crucial for improving air quality in port communities, which often suffer disproportionately from pollution related to ocean-going vessels. They would emphasize the public health benefits of reducing emissions from nonroad engines at berth and assert that the EPA's approval was a legitimate exercise of its authority to allow states to adopt more protective environmental regulations.
The bill text is extremely short and can be read in under a minute, allowing ample time for informed evaluation.
Section 1
Congressional Disapproval of EPA Rule
This provision explicitly states that Congress disapproves of the Environmental Protection Agency's rule concerning "California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision," which was published on October 20, 2023. By disapproving the rule, the resolution declares that the EPA's decision shall have no legal force or effect, effectively preventing California's specific pollution control standards for ocean-going vessels at berth from being implemented under federal approval.
Supporters argue
Supporters argue that nullifying the EPA rule prevents an overly burdensome and potentially economically damaging regulation from taking effect. They contend that the California standards could increase operational costs for shipping companies, leading to higher consumer prices or diverting shipping traffic to other states, thereby harming California's economy without a commensurate national benefit.
Critics contend
Opponents argue that disapproving the EPA rule undermines efforts to improve air quality and protect public health in communities adjacent to ports. They assert that the stricter California standards are necessary to mitigate the significant environmental and health impacts of emissions from ocean-going vessels and that the EPA's approval was a valid exercise of its authority to allow states to address local environmental concerns.
Tradeoffs
This provision highlights the tension between economic competitiveness for the shipping industry and ports versus environmental protection and public health in port communities. It also reflects a broader debate about the appropriate balance of federal versus state authority in environmental regulation, particularly when state standards are more stringent than federal ones.