H.J.Res.35 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions. (119th Congress)
Summary
H.J.Res.35 is a joint resolution passed by the House of Representatives and received in the Senate on February 27, 2025. It aims to disapprove a rule submitted by the Environmental Protection Agency (EPA) concerning waste emissions charges for petroleum and natural gas systems. The rule in question, outlined in 89 Fed. Reg. 91094 (November 18, 2024), pertains to procedures for facilitating compliance, including netting and exemptions related to these emissions charges.
If enacted, this resolution would nullify the EPA rule, preventing it from taking effect. This action is taken under Chapter 8 of Title 5 of the United States Code, which provides a mechanism for congressional review of agency regulations.
The resolution reflects a congressional effort to check the regulatory authority of the EPA on environmental matters, specifically concerning the oil and gas industry.
Expected Effects
The primary effect of H.J.Res.35, if enacted, would be the invalidation of the EPA rule regarding waste emissions charges for petroleum and natural gas systems. This means the procedures for compliance, netting, and exemptions outlined in the rule would not be enforced.
This could lead to a rollback of environmental regulations on the oil and gas industry. It may also reduce the financial burden on these companies associated with emissions charges, potentially affecting investment in emissions reduction technologies.
Potential Benefits
- Reduced compliance costs for petroleum and natural gas companies, potentially freeing up capital for investment in other areas.
- May prevent potential increases in energy prices that could result from the emissions charges.
- Could stimulate domestic energy production by reducing regulatory burdens.
- Reinforces congressional oversight of executive agency regulations, ensuring a balance of power.
- Could lead to a more flexible approach to emissions reduction, allowing companies to innovate and find cost-effective solutions.
Most Benefited Areas:
Potential Disadvantages
- Potential increase in methane and other harmful emissions from petroleum and natural gas systems.
- May hinder efforts to combat climate change and reduce air pollution.
- Could negatively impact public health due to increased emissions.
- May undermine the EPA's authority to regulate environmental impacts of the oil and gas industry.
- Could damage the U.S.'s international reputation regarding environmental commitments.
Constitutional Alignment
The resolution invokes Congress's power to legislate and oversee the executive branch, as granted by Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act (CRA), codified in Chapter 8 of Title 5, United States Code, provides a specific mechanism for Congress to disapprove agency rules, reflecting a check on executive power.
While Congress has the power to legislate in this area, the constitutionality of the underlying EPA rule could be debated. The EPA's authority to regulate emissions stems from laws like the Clean Air Act, which Congress passed pursuant to its power to regulate interstate commerce (Article I, Section 8, Clause 3).
However, challenges could arise if the EPA rule is seen as exceeding the scope of authority delegated by Congress or infringing on states' rights (Tenth Amendment).
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).