13. Environmental Protection Agency · Major · Needs Congress

Use the Congressional Review Act to disapprove EPA regulations

Done

Printed page 439 13. Environmental Protection Agency

“Use of the Congressional Review Act for Congress to disapprove of EPA regulations and other quasi-regulatory actions and prohibit “substantially similar” actions in the future.”

What has happened

Jun 20, 2025 Done
Five more EPA rules disapproved: the Rubber Tire Manufacturing NESHAP (P.L. 119-14, 2025-05-23); the three California vehicle waivers, treated as rules for CRA purposes (P.L. 119-15, 119-16, 119-17, 2025-06-12); and the major-source reclassification rule under CAA §112 (P.L. 119-20, 2025-06-20). The waiver disapprovals are the "quasi-regulatory actions" half of the ask.
- Public Law 119-20 (S.J.Res. 31): congressional disapproval of EPA's "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act"
  Primary Congress Jun 20, 2025
- Public Law 119-14 (H.J.Res. 61): congressional disapproval of EPA's "National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing"
  Primary Congress May 23, 2025
- Public Law 119-16 (H.J.Res. 88): congressional disapproval of EPA's Advanced Clean Cars II waiver of preemption
  Primary Congress Jun 12, 2025
- Public Law 119-15 (H.J.Res. 87): congressional disapproval of EPA's Advanced Clean Trucks / heavy-duty waiver of preemption
  Primary Congress Jun 12, 2025
- Public Law 119-17 (H.J.Res. 89): congressional disapproval of EPA's Omnibus Low-NOx waiver of preemption
  Primary Congress Jun 12, 2025
Mar 14, 2025 Done
Public Law 119-2 (H.J.Res. 35) disapproved EPA's methane Waste Emissions Charge rule — the first CRA disapproval of an EPA rule in the 119th Congress; under 5 U.S.C. 801(b)(2) a disapproved rule may not be reissued in substantially the same form.
- Public Law 119-2 (H.J.Res. 35): congressional disapproval of EPA's "Waste Emissions Charge for Petroleum and Natural Gas Systems" rule
  Primary Congress Mar 14, 2025

Research log

What was searched, and what didn’t count as evidence

Research notes

Public laws from congress.gov among the records we keep and search (104 laws to 2026-08-26) include six EPA-related CRA disapprovals, all above; the “substantially similar” bar is the statute’s own (5 U.S.C. 801(b)(2)), not a separate action. Further resolutions on four older California waivers (H.J.Res. 202/205/211/212, S.J.Res. 206–208, July–August 2026) were introduced only when this was written — see Chapter 19 #1720.
2026-09-24: two of those resolutions have now passed the House. H.J. Res. 210, disapproving EPA’s decision on California’s Ocean-Going Vessels At-Berth nonroad standards, was received in the Senate on 2026-09-16; H.J. Res. 213, disapproving the decision on California’s Commercial Harbor Craft regulations, was received in the Senate on 2026-09-17. Both were made in order by H. Res. 1530, adopted 2026-09-15. Passage by one chamber counts as attempted, and this item is already done on six enacted disapprovals, so no event is added and the rung does not move; the passages are recorded because this Quote is about Congress using the Act and the seventh and eighth uses are now halfway. Neither reaches #1720, whose Quote names the three Biden-era vehicle waivers already disapproved in June 2025 — these two are nonroad and harbor-craft decisions, a different set of EPA actions. Neither resolution’s text was opened; both are known from their congress.gov titles and latest actions (text on govinfo: https://www.govinfo.gov/content/pkg/BILLS-119hjres210eh/html/BILLS-119hjres210eh.htm and the same form for 213).

Action: repeal
Object: EPA regulations subject to Congressional Review Act disapproval
ID: 1171