Providing 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".
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This joint resolution nullifies an EPA decision that had granted California a Clean Air Act waiver to enforce its 'Omnibus' Low NOx regulation, which set stricter nitrogen oxide emission standards for heavy-duty trucks and engines.
Because other states can adopt California's vehicle emission standards once EPA grants a waiver, revoking it removes the legal basis for California's rule and blocks it from taking effect anywhere, marking a significant reversal of a heavy-duty vehicle pollution policy.
What this law does
What it does
The resolution uses the Congressional Review Act to disapprove an EPA notice, published January 6, 2025, that had granted the California Air Resources Board a waiver of Clean Air Act preemption for its Heavy-Duty Vehicle and Engine Omnibus Low NOx regulation. As a result of this resolution, that EPA waiver decision has no force or effect. Because the underlying EPA notice is nullified, California loses the specific legal authorization it had received to enforce its stricter nitrogen oxide emission standards for heavy-duty trucks and engines, and other states can no longer rely on that waiver to adopt the same standards. The resolution does not address other California vehicle emission waivers or broader Clean Air Act preemption rules.
Key provisions
- 1Disapproves the EPA notice granting California a Clean Air Act preemption waiver for its Omnibus Low NOx heavy-duty vehicle and engine regulation, rendering the waiver void.
Who is affected
The California Air Resources Board, the Environmental Protection Agency, heavy-duty truck and engine manufacturers, fleet operators, and states that had planned to adopt California's Omnibus Low NOx standards under the Clean Air Act's waiver provisions.
Why it matters
Manufacturers and fleet operators no longer face the stricter nitrogen oxide emission requirements California had sought to impose on heavy-duty trucks and engines. States that follow California's vehicle standards lose the option to adopt this particular regulation, altering the trajectory of nationwide heavy-duty vehicle emissions policy.
What changed
Changes to existing law
Repeals California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The 'Omnibus' Low NOX Regulation; Waiver of Preemption; Notice of Decision (90 Fed. Reg. 643)
Nullifies the EPA notice granting California's Clean Air Act preemption waiver for its Omnibus Low NOx regulation, so it has no force or effect.
Agencies directed to act
Effective dates
- The disapproval and nullification of the EPA waiver notice
Legislative status & sources
Latest action
Became Public Law No: 119-17.
Official CRS summary
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This joint resolution nullifies the Environmental Protection Agency notice titled California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The ‘Omnibus’ Low NOX Regulation; Waiver of Preemption; Notice of Decision (90 Fed. Reg. 643) and published on January 6, 2025. Among other elements, the notice grants the California Air Resources Board request for a waiver for its Heavy-Duty Vehicle and Engine Omnibus Low NOX regulations. (Under the Clean Air Act, California may seek waivers of the preemption prohibiting states from enacting certain emission standards.)
Legislative subjects
Administrative law and regulatory procedures; Air quality; California; Climate change and greenhouse gases; Congressional oversight; Environmental Protection; Environmental Protection Agency (EPA); Federal preemption; Hybrid, electric, and advanced technology vehicles; Motor vehicles