A joint resolution 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".

119th Congress Introduced by John Barrasso and 5 co-sponsors

Congress disapproves and nullifies the EPA rule on California's nonroad engine standards for ocean-going vessels at berth, stopping its effect if enacted.

Introduced in Senate

Overview

Bill: SJRES 209 (119th Congress, 2nd Session)

Type: Joint resolution providing for congressional disapproval under the congressional disapproval process in chapter 8 of title 5, United States Code

Subject: Disapproval of an Environmental Protection Agency (EPA) rule titled “California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision”

Introduced: August 6, 2026

Primary sponsors: Senators Sullivan (and five cosponsors including Marshall, Barrasso, Ricketts, Lummis, Britt)

Referral: Committee on Environment and Public Works

Action to date: Read twice and referred to the committee

Main purpose and intent

The joint resolution uses the congressional disapproval mechanism (the mechanisms created under chapter 8 of title 5, United States Code) to nullify and permanently veto the EPA rule at issue.

Specifically, it seeks to reject the EPA’s rule titled “California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision,” as published in the Federal Register on October 20, 2023 (87 Fed. Reg. 72461 is cited in the text).

If enacted, the rule would have no force or effect.

Key provisions and changes

Disapproval of the EPA rule: The resolution states that Congress disapproves of the EPA rule and declares that it shall have no force or effect.

Effect of disapproval: Once Congress passes the joint resolution and it is enacted, the EPA rule ceases to apply. This is the standard “nullify a federal rule” outcome via the congressional disapproval process.

Scope of rule targeted: The rule in question concerns:

California’s state nonroad engine pollution control standards
Ocean-going vessels at-berth
Notice of decision related to these standards

Process invoked: The bill uses the formal disapproval procedure provided for in chapter 8 of title 5 U.S.C., which is the mechanism Congress can use to overturn a federal agency rule.

Who/what would be affected

The primary effect would be on:

The EPA rule governing California’s nonroad engine pollution standards (state-level standard components) for ocean-going vessels at-berth
Any regulatory actions or compliance requirements tied to that rule

Downstream impacts:

State regulators in California and ship operators at berths serving ocean-going vessels
Industries affected by nonroad engine pollution standards (e.g., maritime emissions, port operations)
Environmental and public health considerations associated with emissions from ocean-going vessels when at berth

Procedural and timeline aspects

Legislative path: The bill would need to pass both the Senate and the House and be signed by the President to become law.

Current status: As of the latest action, it has been introduced in the Senate and referred to the Committee on Environment and Public Works. No floor passage or House action has been recorded in the provided text.

Timeline considerations: The joint resolution follows the statutory timeline for the congressional disapproval process under 5 U.S.C. § 805, which typically involves expedited consideration but requires passage by both chambers and presidential signature for effect.

Additional notes

The bill mirrors a tool frequently used by Congress to countermand federal agency actions, particularly those involving regulatory standards that affect state-specific rules or industry practices.

The resolution does not modify the underlying EPA rule via regulatory amendment; it outright disapproves and nullifies the rule via statute, pending enactment.