H.J.Res.38 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020. (119th Congress)
Summary
H.J. Res. 38 proposes congressional disapproval of an EPA rule concerning the phasedown of hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act of 2020. The rule in question, published in the Federal Register on October 11, 2024, relates to the management of certain HFCs and their substitutes. The joint resolution seeks to nullify this EPA rule, preventing it from taking effect.
Expected Effects
If enacted, H.J. Res. 38 would prevent the EPA's rule on HFC phasedown from being implemented. This could lead to a slower transition away from HFCs, potentially impacting environmental and economic sectors. The resolution reflects a congressional check on executive agency rulemaking authority.
Potential Benefits
- Potentially lower compliance costs for industries that rely on HFCs.
- Could prevent disruptions in sectors where HFC alternatives are not readily available or cost-effective.
- Reinforces congressional oversight of executive agency actions, ensuring accountability.
- May encourage the EPA to reconsider the rule and address concerns raised by stakeholders.
- Could lead to a more balanced approach to HFC phasedown that considers economic factors.
Potential Disadvantages
- Slower progress in reducing greenhouse gas emissions from HFCs.
- Potential negative impacts on air quality and climate change mitigation efforts.
- Could hinder the development and adoption of more environmentally friendly alternatives.
- May weaken the United States' commitment to international agreements on climate change.
- Could create uncertainty for businesses that have already invested in HFC alternatives.
Constitutional Alignment
The resolution invokes Congress's power to disapprove agency rules under chapter 8 of title 5, United States Code, which is often referred to as the Congressional Review Act (CRA). Article I, Section 1 of the Constitution vests all legislative powers in Congress, which implicitly includes the power to oversee and check the actions of executive agencies. The CRA provides a statutory mechanism for Congress to exercise this oversight. The constitutionality of the CRA itself has been debated, but it is generally accepted as a valid exercise of congressional authority.
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).