PolicyBrief
S.J.RES. 119
119th CongressMar 9th 2026
A joint resolution 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; Montana; Regional Haze Plan for the Second Implementation Period".
IN COMMITTEE

This resolution disapproves the EPA’s rule regarding Montana’s Regional Haze Plan for the second implementation period, rendering it null and void.

Sheldon Whitehouse
D

Sheldon Whitehouse

Senator

RI

LEGISLATION

Congressional Resolution Moves to Block EPA Air Quality Standards for Montana’s Regional Haze Plan

This joint resolution is a direct strike against a specific federal environmental regulation. It uses the Congressional Review Act to officially disapprove and nullify an Environmental Protection Agency (EPA) rule titled 'Air Plan Approval; Montana; Regional Haze Plan for the Second Implementation Period.' By doing so, the resolution ensures that the EPA’s requirements for Montana—which were published in the Federal Register on July 11, 2025—will have no legal force or effect. Essentially, it hits the 'delete' button on a federal mandate designed to manage air pollution and visibility across the state.

Clearing the Air or Clearing the Way?

The EPA’s original rule was part of a long-term strategy to reduce regional haze—that's the technical term for the blurry, brownish air pollution that obscures views in places like Glacier or Yellowstone National Parks. For a local business owner in the tourism industry or a family planning a hiking trip, this rule was intended to ensure the 'Big Sky' stays clear. However, for industrial facilities like coal-fired power plants or large manufacturing hubs, that same rule meant installing expensive new scrubbers or changing how they operate to meet stricter emission limits. By nullifying this rule, the resolution removes those immediate compliance costs for industry, but it also halts the scheduled progress on air clarity and public health protections.

The Ripple Effect on Public Health

Because this resolution completely invalidates the EPA's plan, it creates a regulatory void. For residents in Montana and downwind states, the impact is less about paperwork and more about what they breathe. Regional haze isn't just an aesthetic issue; it’s caused by particulate matter and gases that can aggravate asthma or other respiratory conditions. Without this plan in place, the specific pollution-cutting milestones the EPA had set for the 'second implementation period' simply vanish. This means that while a plant manager might breathe a sigh of relief regarding their 2026 budget, a parent of a child with respiratory issues might not see the improvement in air quality they were expecting under the federal plan.

A Permanent Roadblock

One of the most significant aspects of this resolution is its finality. Under federal law, when a rule is overturned via this type of congressional disapproval, the EPA is generally prohibited from issuing a 'substantially similar' rule in the future unless Congress passes a new law authorizing it. This isn't just a temporary delay; it’s a permanent legislative barrier. It effectively takes the steering wheel away from federal regulators regarding Montana’s air quality and leaves the state’s environmental future in a state of uncertainty, as the existing framework for reducing haze is dismantled without an immediate, mandated replacement.