Analyst Brief September 14, 2026

H.J.RES. 213 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule issued by the Environmental Protection Agency relating to the "California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision".

Current Status

Introduced

Executive Summary

This joint resolution utilizes the Congressional Review Act (CRA) to nullify an Environmental Protection Agency (EPA) rule that granted California a waiver for its Commercial Harbor Craft regulations. The EPA's decision allowed California to enforce stricter nonroad engine pollution control standards on commercial harbor craft, such as tugboats, ferries, and fishing vessels. Proponents argue this rule imposes crippling compliance costs on the maritime industry and disrupts supply chains, while opponents view the CRA resolution as an attack on state-level environmental leadership and clean air initiatives. If passed, the EPA rule will have no force or effect, and the agency will be barred from issuing a substantially similar rule without new congressional authorization.

Bill Data

Primary Sponsor

Mr. Gallagher

Bill Number

H.J. RES. 213

Session

119th

Co-Sponsors

Mr. Fong
View on Congress.gov ↗

Arguments For

  • Economic Protection: Protects the maritime and supply chain industries from exorbitant compliance costs associated with retrofitting or replacing harbor craft engines to meet California's aggressive standards.
  • Regulatory Certainty: Prevents a patchwork of state-level regulations that complicate interstate and international maritime commerce, asserting federal supremacy over navigable waters.

Likely Supporters

RepublicansAmerican Waterways OperatorsCommercial fishing associationsU.S. Chamber of CommerceMaritime logistics and supply chain groups

Arguments Against

  • States' Rights & Precedent: Undermines the Clean Air Act's long-standing waiver provision that allows California to lead on reducing emissions, setting a dangerous precedent for states' rights in environmental policy.
  • Public Health Impact: Exposes port communities—often disadvantaged and heavily industrialized neighborhoods—to continued high levels of diesel particulate matter and nitrogen oxides from older harbor craft.

Likely Opponents

DemocratsCalifornia Air Resources Board (CARB)EarthjusticeSierra ClubEnvironmental justice and public health advocates

📋 Key Provisions

  • Invokes the Congressional Review Act (chapter 8 of title 5, U.S.C.) to disapprove the specified EPA rule.
  • Specifically targets the EPA's 'Notice of Decision' regarding California's Commercial Harbor Craft Regulations published at 90 Fed. Reg. 1998.
  • Dictates that the rule shall have 'no force or effect,' legally voiding the waiver granted to California.
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Claim Analysis Page 1, Line 3

Disapproves the EPA rule regarding California State Nonroad Engine Pollution Control Standards.

Verify Text

"Congress disapproves the rule issued"

Claim Analysis Page 2, Line 1

Identifies the specific rule published in the Federal Register on January 10, 2025.

Verify Text

"Reg. 1998 (January 10, 2025)"

Claim Analysis Page 2, Line 2

Declares that the specified rule shall have no force or effect.

Verify Text

"no force or effect."