H.J.Res.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. (119th Congress)
Summary
H.J.Res.89 is a joint resolution introduced in the House of Representatives aiming to disapprove a rule submitted by the Environmental Protection Agency (EPA). The rule concerns California's motor vehicle, engine, and nonroad engine pollution control standards, specifically the "Omnibus" Low NOX Regulation, waiver of preemption, and notice of decision. The resolution seeks to nullify the EPA's rule, preventing it from taking effect.
The resolution was submitted by Mr. Obernolte and several co-sponsors and was referred to the Committee on Energy and Commerce. The disapproval is pursued under chapter 8 of title 5, United States Code, which provides a mechanism for congressional review of agency rulemaking.
If passed, this resolution would effectively block the EPA's rule regarding California's pollution control standards, potentially impacting air quality regulations and the state's ability to set its own environmental standards.
Expected Effects
If enacted, H.J.Res.89 would prevent the EPA's rule concerning California's pollution control standards from taking effect. This would mean that California's ability to implement its stricter emission standards for motor vehicles and engines would be curtailed.
The immediate effect would be a rollback to the existing federal standards, potentially leading to higher levels of NOX emissions. This could also impact the adoption of similar standards by other states that often follow California's lead in environmental regulations.
Potential Benefits
- Could potentially reduce compliance costs for manufacturers if they don't have to meet California's stricter standards.
- May prevent potential disruptions to the supply chain if California's regulations are significantly different from federal standards.
- Could lead to lower vehicle prices if manufacturers are not required to incorporate additional emission control technologies.
- May preserve consumer choice by avoiding the elimination of certain vehicle models that cannot meet California's standards.
- Could prevent potential legal challenges related to the EPA's waiver of preemption for California's regulations.
Most Benefited Areas:
Potential Disadvantages
- Could lead to increased levels of NOX emissions, contributing to air pollution and related health problems.
- May hinder efforts to combat climate change by slowing the adoption of cleaner vehicle technologies.
- Could undermine California's ability to address its unique air quality challenges, particularly in urban areas.
- May set a precedent for congressional interference in EPA rulemaking, potentially weakening environmental regulations.
- Could negatively impact public health, particularly for vulnerable populations living near roadways and industrial areas.
Constitutional Alignment
The resolution is an exercise of Congress's legislative power under Article I, Section 1, which vests all legislative powers in the Congress. The disapproval process is authorized under chapter 8 of title 5, United States Code, which provides a mechanism for congressional review of agency rulemaking, aligning with Congress's oversight role.
However, the resolution's impact on environmental regulation and the balance between federal and state authority could raise questions under the Tenth Amendment, which reserves powers not delegated to the federal government to the states. The extent to which the EPA's rule infringes upon or respects state authority in environmental matters is a key consideration.
Ultimately, the constitutionality hinges on whether the EPA's rule and the congressional disapproval are within the bounds of delegated and reserved powers, respectively.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).