S.jres31 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act. (119th Congress)
Summary
This joint resolution disapproves a rule issued by the Environmental Protection Agency (EPA) regarding the reclassification of major sources as area sources under Section 112 of the Clean Air Act. The rule in question, published on September 10, 2024, allows certain major sources of hazardous air pollutants to be reclassified as area sources if they reduce their emissions below a certain threshold.
The resolution, if enacted, would nullify the EPA's rule, preventing the reclassification. This action reflects Congressional concern over the potential impact of the rule on air quality and public health.
The resolution was passed by the Senate on May 1, 2025, indicating bipartisan support for disapproving the EPA's action.
Expected Effects
The EPA rule regarding the reclassification of major sources as area sources under Section 112 of the Clean Air Act would be invalidated. This means that facilities previously classified as major sources would remain subject to stricter regulations.
Consequently, industries might face higher compliance costs. It also reinforces Congressional oversight of EPA regulations.
Potential Benefits
- Potentially maintains stricter controls on hazardous air pollutants from major sources.
- Could lead to better air quality in some areas.
- May reduce health risks associated with air pollution.
- Reinforces Congressional oversight of executive agency regulations.
- Upholds the original intent of Section 112 of the Clean Air Act.
Potential Disadvantages
- May increase compliance costs for businesses that could have been reclassified.
- Could stifle innovation in emission reduction technologies if companies are not incentivized to reduce emissions below the major source threshold.
- May create regulatory uncertainty for businesses.
- Could lead to legal challenges and further delays.
- Potentially hinders economic development in areas with major sources.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution aligns with the principle of Congressional oversight of executive agencies, as established in Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act (chapter 8 of title 5, United States Code), cited in the resolution, provides a mechanism for Congress to disapprove agency rules.
By disapproving the EPA rule, Congress is exercising its legislative authority to check the power of the executive branch. This action reflects the system of checks and balances enshrined in the Constitution.
However, the specific merits of the EPA rule and its impact on environmental protection are subject to policy debate and do not directly implicate constitutional principles.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).