This bill disapproves the EPA's rule that reclassifies major pollution sources as area sources under the Clean Air Act.
Julie Fedorchak
Representative
ND
This bill disapproves and nullifies the EPA's rule that modifies how major sources of air pollution are reclassified under the Clean Air Act. The rule allows some major sources of pollution to be reclassified as area sources, which have less strict regulations. This bill effectively reverses that change, maintaining stricter regulations for those sources.
EPA's Pollution Reclassification Rule Shot Down: Congress Nixes 'Major Source' Changes
This joint resolution throws out a recent Environmental Protection Agency (EPA) rule that reclassified certain "major sources" of pollution as "area sources" under Section 112 of the Clean Air Act (89 Fed. Reg. 73293). Basically, it's hitting the brakes on a change that could have let some big polluters off the hook with less strict regulations.
Unpacking the EPA Rule Change
The now-nullified EPA rule aimed to reclassify some major pollution emitters, potentially reducing their regulatory burden. "Major sources," in EPA terms, are facilities that emit, or have the potential to emit, significant levels of hazardous air pollutants. By switching some of these to "area sources," the rule could have relaxed emission control requirements. This bill stops that change, keeping the stricter rules in place.
Real-World Rollout
With this resolution, nothing changes, at least for now. Industries that were previously classified as major sources will continue to face the regulations that were in place before the EPA's attempted reclassification. Think of a factory that was on the hook for installing expensive pollution control tech – they still are. If the EPA’s rule had gone through, that same factory might have been able to delay or even avoid those upgrades. This bill ensures those upgrades are still required.
Who Feels the Change?
- Industrial Facilities: Businesses that emit significant pollution remain under stricter "major source" rules. They'll need to stick with, or implement, tighter emission controls.
- Communities Near Industrial Zones: People living near these facilities should continue to have the protections provided by the stricter regulations. This directly impacts air quality and public health.
Potential Kinks
While this resolution maintains the status quo for now, it doesn’t solve any underlying issues that the EPA rule might have been trying to address. If there were legitimate reasons for some facilities to be reclassified (like overly burdensome regulations for smaller emitters), those arguments are sidelined. The bill also signals a potential clash between Congress and the EPA on how to regulate air pollution, which could lead to future regulatory uncertainty.