In a significant legislative move, the U.S. House of Representatives has passed Senate Joint Resolution 31 (S.J.Res.31), effectively disapproving the Environmental Protection Agency’s (EPA) final rule titled “Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act.” This resolution, passed on May 22, 2025, under the Congressional Review Act (CRA), aims to overturn the EPA’s rule that would have allowed facilities emitting hazardous air pollutants (HAPs) to reclassify from “major sources” to “area sources” upon reducing emissions below specified thresholds.
Background of the EPA’s Final Rule
The EPA’s final rule, issued on September 10, 2024, proposed that facilities emitting 10 tons per year or more of a single HAP or 25 tons per year or more of a combination of HAPs could reclassify as area sources if they reduced their emissions below these thresholds. This change effectively reversed the previous “once in, always in” policy, which required facilities that had once been classified as major sources to continue complying with stringent emission standards, regardless of subsequent emission reductions.
The EPA justified the new rule by citing a plain language interpretation of the Clean Air Act and argued that it would reduce regulatory burdens and promote flexibility for industries. However, environmental advocates expressed concerns that the rule could lead to increased emissions of hazardous pollutants and undermine public health protections.
Congressional Response and Passage of S.J.Res.31
In response to the EPA’s final rule, Congress moved to exercise its authority under the CRA to disapprove the regulation. S.J.Res.31, introduced by Senator John R. Curtis (R-UT) on March 6, 2025, passed the Senate on May 1, 2025, with a vote of 52–46. The resolution was then passed by the House of Representatives on May 22, 2025, with a vote of 216–212.
The passage of S.J.Res.31 signifies a legislative rebuke of the EPA’s rule and reflects ongoing concerns about environmental protections and public health. The resolution now awaits action by the President.
Implications of the Disapproval
If enacted, the disapproval of the EPA’s final rule would maintain the “once in, always in” policy, ensuring that facilities classified as major sources of HAPs continue to comply with stringent emission standards. This outcome is expected to uphold higher levels of air quality and public health safeguards by preventing potential increases in hazardous air pollutant emissions.
Environmental organizations and public health advocates have lauded the passage of S.J.Res.31, viewing it as a victory for environmental justice and regulatory accountability. They emphasize the importance of maintaining robust standards for hazardous air pollutants to protect communities, particularly those located near industrial facilities.
The passage of S.J.Res.31 marks a pivotal moment in the ongoing debate over environmental regulation and public health. By exercising its authority under the Congressional Review Act, Congress has taken a decisive step to disapprove the EPA’s final rule on the reclassification of major sources as area sources. This action underscores the critical role of legislative oversight in shaping environmental policy and ensuring that regulatory decisions align with the public interest.
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