S.jres29 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Air Plan Approval; Ohio; Withdrawal of Technical Amendment. (119th Congress)
Summary
Senate Joint Resolution 29 (S.J. Res. 29) proposes congressional disapproval of an Environmental Protection Agency (EPA) rule concerning "Air Plan Approval; Ohio; Withdrawal of Technical Amendment." The resolution aims to nullify the EPA rule, preventing it from having any legal force or effect. The rule in question is identified as 90 Fed. Reg. 6811, published on January 21, 2025.
The resolution was introduced in the Senate on March 3, 2025, by Mr. Husted and Mr. Moreno and referred to the Committee on Environment and Public Works. The joint resolution invokes chapter 8 of title 5, United States Code, which provides a mechanism for congressional review and potential disapproval of agency rules.
Essentially, this is Congress attempting to use its authority to overrule an EPA action related to air quality regulations in Ohio.
Expected Effects
If S.J. Res. 29 is enacted, the EPA rule regarding the withdrawal of a technical amendment to Ohio's air plan approval will be invalidated. This means the specific technical amendment that the EPA intended to withdraw will remain in effect, or the situation will revert to its pre-withdrawal state.
The practical effect depends on the content of the original technical amendment and the reasons for the EPA's attempt to withdraw it. The consequences could range from minor adjustments in air quality monitoring or enforcement to more significant impacts on industrial compliance and public health.
Potential Benefits
- Could prevent potential negative consequences of the EPA's withdrawal of the technical amendment, if the amendment was beneficial.
- Reinforces congressional oversight of executive agency actions, ensuring accountability.
- May lead to a more thorough review of the EPA's rationale for withdrawing the technical amendment.
- Could provide regulatory certainty for businesses and other stakeholders in Ohio affected by the air plan.
- Potentially maintains existing environmental protections if the technical amendment was designed to enhance air quality.
Potential Disadvantages
- Could hinder the EPA's ability to update or correct air quality regulations based on new information or changing circumstances.
- May perpetuate outdated or ineffective regulations if the technical amendment was intended to address a deficiency.
- Could create uncertainty if the reasons for congressional disapproval are unclear or inconsistent with established environmental policy.
- Potentially delays or prevents improvements in air quality if the technical amendment withdrawal was necessary for such improvements.
- May set a precedent for excessive congressional interference in agency rulemaking, undermining the EPA's expertise and authority.
Constitutional Alignment
The resolution invokes Congress's legislative powers under Article I, Section 1 of the Constitution, which vests all legislative powers in the Congress. Furthermore, it utilizes the Congressional Review Act (CRA), codified in chapter 8 of title 5, which is a mechanism Congress created to oversee and potentially disapprove agency rules.
This action aligns with the principle of checks and balances, allowing Congress to review and potentially nullify actions taken by the executive branch (in this case, the EPA). The constitutionality of the CRA itself has been debated, but it is generally accepted as a valid exercise of congressional authority.
However, the specific merits of disapproving the EPA rule depend on the underlying policy considerations and whether the EPA's action is consistent with its statutory mandate and constitutional limitations.
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).