H.J.RES. 210 — 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".
Executive Summary
This Congressional Review Act (CRA) resolution nullifies an EPA decision that granted California a Clean Air Act waiver to enforce stricter pollution control standards for ocean-going vessels at-berth. The underlying EPA rule allows California to mandate that docked ships use shore power or other emission control strategies to reduce diesel particulate matter and nitrogen oxides. Proponents of the resolution argue the waiver creates a costly regulatory patchwork that threatens supply chain efficiency, while opponents argue it strips frontline port communities of vital air quality protections.
Arguments For
- Economic & Supply Chain Protection: Prevents California from imposing costly, state-specific mandates on international and interstate shipping, which industry groups argue could exacerbate supply chain bottlenecks at major ports.
- Regulatory Uniformity: Reasserts federal primacy over maritime emissions, preventing a patchwork of state-level regulations that complicate compliance and logistics for the ocean-going vessel industry.
Likely Supporters
Arguments Against
- Public Health Impact: Blocks California's ability to reduce severe localized pollution (NOx and diesel particulate matter) in frontline, often disadvantaged, port communities.
- States' Rights & Clean Air Act Precedent: Undermines the long-standing statutory framework of the Clean Air Act that allows California to seek waivers to address its unique, severe air quality challenges.
Likely Opponents
📋 Key Provisions
- Invokes the Congressional Review Act (CRA) to disapprove the EPA rule published at 88 Fed. Reg. 72461 on October 20, 2023.
- Nullifies the EPA's Notice of Decision regarding California State Nonroad Engine Pollution Control Standards for Ocean-Going Vessels At-Berth.
- Dictates that the specified EPA rule shall have no force or effect, preventing California from enforcing these specific at-berth emissions standards.
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Disapproves the EPA rule relating to California State Nonroad Engine Pollution Control Standards.
"Congress disapproves the rule submitted"
Targets the specific EPA rule published at 88 Fed. Reg. 72461 on October 20, 2023.
"Fed. Reg. 72461 (October 20, 2023)"
Renders the EPA rule completely void.
"have no force or effect."