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 submitted by the Environmental Protection Agency (EPA) concerning the reclassification of major sources as area sources under Section 112 of the Clean Air Act. The rule in question, published in the Federal Register 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 aims to nullify this EPA rule, preventing it from taking effect.
The resolution was passed by Congress under Chapter 8 of Title 5 of the United States Code, which provides a mechanism for congressional review of agency rulemaking. By disapproving the rule, Congress is asserting its authority to oversee and potentially reject agency actions that it deems inconsistent with legislative intent or policy goals.
The practical effect of this resolution, if enacted, is to maintain stricter regulatory requirements for major sources of hazardous air pollutants, potentially impacting industries subject to the Clean Air Act.
Expected Effects
The primary effect of this resolution is to prevent the EPA's rule regarding the reclassification of major sources as area sources from taking effect. This means that facilities previously classified as major sources will continue to be subject to stricter emission standards and regulatory oversight under Section 112 of the Clean Air Act.
Industries that might have benefited from the reclassification, such as reduced compliance costs or increased operational flexibility, will not realize those potential advantages. The resolution effectively maintains the status quo regarding air pollution regulation for these sources.
Ultimately, this action could lead to continued or increased costs for businesses, but potentially greater environmental protection due to stricter regulations.
Potential Benefits
- Potentially improved air quality due to stricter regulation of hazardous air pollutants.
- Reduced risk of adverse health effects associated with exposure to emissions from major sources.
- Maintained regulatory oversight of facilities that could otherwise have been subject to less stringent standards.
- Reinforcement of Congressional authority over agency rulemaking.
- Potential for increased public trust in environmental regulations.
Potential Disadvantages
- Increased compliance costs for businesses that would have benefited from the reclassification.
- Reduced operational flexibility for affected industries.
- Potential discouragement of voluntary emission reductions if facilities cannot be reclassified.
- Possible delays or uncertainties in environmental permitting processes.
- Potential for legal challenges from industry groups.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution aligns with the principle of legislative oversight of executive agencies, as established in Article I, Section 1 of the US Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is enacted, provides a specific mechanism for Congress to review and disapprove agency rules.
By disapproving the EPA rule, Congress is exercising its constitutional authority to check the power of the executive branch and ensure that agency actions are consistent with legislative intent. This action does not appear to infringe upon any specific individual rights or liberties protected by the Constitution.
However, the resolution does raise questions about the balance of power between Congress and the executive branch in environmental regulation, as well as the extent to which Congress can retroactively alter or nullify agency rules.
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).