HJRES 89: 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".

HJRES 89 in plain English: This joint resolution, now signed into law, nullifies an EPA decision published January 6, 2025, that had granted California permission to enforce its own stricter low-NOX (nitrogen oxide) emission standards for heavy-duty vehicles and engines. Without the waiver, federal law prevents states from setting their own vehicle emission standards stricter than federal ones.

Stated purpose

This resolution expresses Congress's disapproval of an EPA decision that granted California permission to enforce its own stricter emission standards for heavy-duty trucks and engines, canceling that EPA decision so it has no legal effect.

Key points

• Cancels the EPA's January 6, 2025 waiver that allowed California to enforce its 'Omnibus Low NOX' heavy-duty vehicle emission rules.
• Blocks California Air Resources Board from implementing its stricter nitrogen oxide standards for heavy-duty trucks and engines.
• Restores federal preemption, preventing California from setting these particular emission standards independently.

Arguments supporters make

• California's rules would have placed uniquely tough requirements on truckers and manufacturers operating across state lines, creating an uneven national playing field and raising costs for goods transportation.
• Setting national vehicle emission policy through a single state's waiver undermines Congress's role and gives one state outsized influence over a nationwide industry.
• The EPA waiver was granted in the final days of the prior administration, and Congress has the right to review and reject rushed regulatory decisions it believes were not properly vetted.

Arguments opponents make

• The Clean Air Act has long allowed California to set stricter emission standards because of its unique air quality problems, and overturning this waiver breaks with decades of established law and practice.
• Canceling the waiver removes stronger protections against nitrogen oxide pollution, which is linked to respiratory illness, and disproportionately affects communities near highways and freight corridors.
• Using the Congressional Review Act to nullify a waiver decision sets a precedent that could undermine California's longstanding legal authority to address its own air quality challenges in the future.

Tradeoffs

The resolution trades stricter air pollution limits in California and states that follow its rules for a single, uniform national standard — balancing potential public health and environmental benefits of tougher rules against concerns about regulatory consistency and economic burdens on the trucking and manufacturing industries.

Current status in Congress: Became law.

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