House Votes to Overturn EPA Approval of California Clean-Air Rules for Tugboats and Ferries

September 16, 2026

The House voted 214 to 208 on September 16, 2026, to pass H.J. Res. 213, a resolution that would overturn the Environmental Protection Agency's approval of California emissions standards for commercial harbor craft. Eleven members did not vote, and none voted present.

The measure uses the Congressional Review Act, a law that lets Congress cancel a federal agency action. The resolution revokes the partial authorization the EPA granted to the California Air Resources Board to amend its Commercial Harbor Craft regulation. Under the Clean Air Act, the EPA may authorize California to adopt and enforce its own standards for emissions from nonroad vehicles or engines if those standards meet certain requirements. The California amendments create new emission standards and compliance dates that vary by vessel category and engine model year, and expand the types of vessels covered — for example, adding commercial fishing boats.

The resolution was sponsored by Representative James Gallagher (R-CA-1) and had five cosponsors. It was introduced on August 10, 2026, and referred to the Committee on Energy and Commerce.

Supporters said the California rules are too costly and impractical for the boat industry. Representative Gary Palmer (R-AL-6) presented the resolution and said it "would overturn a waiver allowing California to regulate emissions from tugboats, ferries, and other commercial harbor craft," and that the rules "would impose billions of dollars in compliance costs to these boat operators, which will be passed down to consumers." Gallagher said the requirement would cost $2.5 billion and argued the regulation was imposed "by an unelected bureaucracy and not by the legislature."

Opponents said the standards protect public health and reduce pollution. Representative Frank Pallone, Jr. (D-NJ-6) said the commercial harbor craft standards "will save up to $5 billion in healthcare costs," and argued Republicans were "abusing the CRA process to retroactively target legally authorized Clean Air Act waivers." He also said the Government Accountability Office and the Senate Parliamentarian have ruled that California waivers are orders and so are ineligible to be repealed with a Congressional Review Act resolution.

Having passed the House, the resolution would next go to the Senate.

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Sources

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