Republican lawmakers have introduced resolutions in Congress to overturn the federal waivers behind California's two key shipping emissions regulations: the Ocean-Going Vessels At-Berth rule and the Commercial Harbor Craft rule.

H.J.Res.210, sponsored by Rep. Vince Fong, and S.J.Res.209, sponsored by Sen. Dan Sullivan, target the At-Berth waiver. Sen. Bernie Moreno's S.J.Res.210 targets the harbor craft waiver. All three were filed on August 6 under the Congressional Review Act (CRA), a 1996 law that allows Congress to void federal rules with simple majorities in both chambers and the president's signature, subject to a 60 legislative-day review window.

The At-Berth regulation, in force in phased form since 2014, requires vessels at California ports to connect to shore power or capture their emissions at berth. Its 2020 update extended requirements to tankers and ro-ros starting in 2025, with full enforceability arriving in 2027.

The harbor craft rule has required tugs, ferries, and other workboats in the state to run exclusively on R99 or R100 renewable diesel since 2023, making it a significant driver of renewable diesel demand on the US West Coast. The rule also requires short-run ferries to be zero-emission from the end of 2025.

The resolutions follow the EPA's decision in July to transmit the two waivers to Congress as rules, making them eligible for CRA repeal. California's authority to set emissions standards stricter than federal ones stems from Section 209 of the Clean Air Act, a provision rooted in the state's pre-1970 air quality history, which has allowed it to request EPA waivers for vehicle and equipment rules not available to other states. Climate campaign group Pacific Environment argues this reclassification breaks with 50 years of precedent under which such waivers were not treated as rules.

"This congressional attack on California's At Berth and Commercial Harbor Craft waivers undercuts longstanding investments already made in cleaner vessels, port infrastructure and maritime innovations," Davina Hurt, climate policy director at Pacific Environment, said in a statement.

The group cites California Air Resources Board analysis putting the At-Berth rule's benefits at 230 lives saved and $2.31 billion in health benefits, with the harbor craft rule credited with a further 530 lives saved. These figures reflect the state's own regulatory assessments rather than independent studies.

Supporters of the repeal effort argue that California's waivers have made the state a de facto national regulator, as manufacturers and operators build to its standards rather than maintain separate product lines. Under Clean Air Act Section 177, other states may opt into California's vehicle standards rather than federal ones, a dynamic that has historically expanded the reach of California's rules beyond its borders.

A CRA repeal would also bar any future administration from granting a waiver that is "substantially the same," a consequence both sides acknowledge is the intended outcome. Congress rescinded three of the state's vehicle emissions waivers last year, and a separate package of resolutions targeting California's car and small-engine waivers was introduced the same day as the maritime measures.

California is already in court over the earlier waiver withdrawals, with the state's attorney general seeking a preliminary injunction in June against what he called a "blatantly politically motivated" assault on its Clean Air Act authority.

Whether the maritime resolutions can attract the votes needed to pass both chambers within the CRA's 60-day review window remains to be seen.