House Passes Resolutions to Overturn Biden-Harris EPA’s Costly California Maritime Waivers

Sep 16, 2026

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on the Environment, applauded the House passage of H.J. Res 210 and H.J. Res. 213 to overturn the Biden-Harris Administration’s EPA waivers that harmed the ability of ocean-going vessels and commercial harbor craft to operate in California ports.

“The Biden-Harris Administration’s EPA approved waivers allowing California to impose costly and burdensome emissions mandates—without meaningful reductions in emissions—on ocean-going tankers docked in California waters and on the ferries, tugboats, work boats, and commercial fishing boats our national economy relies on due to the importance of West Coast ports to interstate commerce. These rules are both impracticable and expensive; ultimately, they fail to achieve their emissions goals while putting new burdens on American businesses,” said Chairman Guthrie. “These waivers have a national impact, and it is important for Congress to use oversight tools like the Congressional Review Act to protect American consumers. Throughout this Congress, our Committee has continued to stand up to California’s far-left environmental overreach, and H.J. Res. 210 and H.J. Res. 213 continue that important work. Thank you to Congressman Fong and Congressman Gallagher for your leadership to overturn these unworkable California waivers.”

“California should not be allowed to dictate national environmental policy or impose its radical agenda on families and businesses across the country,” said Chairman Palmer. “As Chairman of the Environment Subcommittee, I am proud of our continued work to rein in Biden-era regulatory overreach. Passage of these resolutions will protect critical supply chains and prevent costly, impractical mandates from being passed on to American consumers.”

BACKGROUND:

Clean Air Act section 209 generally preempts states from regulating emissions from motor vehicles and other mobile sources, unless EPA grants California a waiver of preemption based on a determination that the state standards are at least as stringent as federal standards and are needed by the state “to meet compelling and extraordinary conditions.” The Clean Air Act allows other states to adopt California standards.

H.J. Res. 210:

The resolution overturns the Biden-Harris EPA’s approval of a Clean Air Act waiver allowing California to regulate emissions from ocean-going tanker ships while docked at marine terminals in California.
California regulated emissions from ocean-going container, passenger, and refrigerated cargo vessels in 2010, and the Obama EPA granted a waiver of preemption allowing those regulations to go into effect in 2011. In 2020, California amended its regulations to also cover tanker ships and roll-on/roll-off ships. EPA approved a new waiver in 2023.
These state regulations are disrupting oil imports to the state and further contributing to closures of refineries, including ones that supply critical jet fuel for military use and commercial transportation.
The technology needed to comply with state regulations does not reliably and affordably exist yet for oil tankers, making the rules impracticable and compliance virtually impossible.

H.J. Res. 213:

The resolution overturns the Biden-Harris EPA’s 2025 approval of California emissions regulations for commercial harbor craft, including ferries, tugboats, work boats, and commercial fishing boats.
The California regulations at issue require all ferries and new excursion vessels to install zero-emission and advanced technologies. For other categories of commercial harbor craft, both existing and new, the California rules would require compliance with the most stringent federal marine emission standards and use of control technologies such as diesel particulate filters that are not widely available, making compliance exceptionally difficult.
The California rules are impracticable, costly, and likely to cause unintended safety risks. Industry estimates expect the rules to impose more than $2.5 billion in costs to maritime operators and consumers without a meaningful reduction in emissions.