Resolution Seeks to Block EPA Rule Easing Air Pollution Classifications for Industrial Sources

This joint resolution uses the Congressional Review Act (CRA) – a tool Congress has to overturn federal agency rules – to target a specific Environmental Protection Agency (EPA) regulation. The rule in question, published as 89 Fed. Reg. 73293, lays out the process for industrial facilities previously classified as 'major sources' of hazardous air pollutants (HAPs) under the Clean Air Act (Section 112) to be reclassified as smaller 'area sources'. Nullifying this rule, as the resolution proposes, would effectively erase it, preventing facilities from using this specific pathway to change their regulatory status.

What's This EPA Rule About Anyway?

Under the Clean Air Act, a 'major source' is generally a facility emitting 10 tons per year of a single hazardous air pollutant (HAP) or 25 tons per year of combined HAPs. These face stricter emission controls (like Maximum Achievable Control Technology or MACT standards). 'Area sources' emit less and usually have less stringent requirements. The EPA rule targeted by this resolution (89 Fed. Reg. 73293) allowed a major source to reclassify as an area source if it reduced its emissions below those thresholds. However, the rule wasn't a complete free pass; it specifically required facilities emitting certain persistent and bioaccumulative HAPs (like mercury) to continue meeting the stricter major source standards for those specific pollutants even after reclassifying for others. This resolution aims to completely cancel that specific rule and its framework.

Hitting Reverse: The Impact of Disapproval

If this resolution passes, the EPA rule is nullified – treated as if it never existed. Facilities that might have planned to use this specific rule to reclassify from 'major' to 'area' source status would lose that option. They would remain subject to the regulations applicable before this rule was finalized, potentially meaning stricter ongoing compliance requirements than they might have faced under the rule (even with its caveats for certain pollutants). For communities near these facilities, this could mean potentially lower overall emissions compared to what might have occurred under the rule, as facilities wouldn't get the specific regulatory relief offered by the now-disapproved rule. It essentially presses 'undo' on this particular EPA action.

Regulation Showdown: Stability vs. Flexibility

The core issue boils down to regulatory pathways. The EPA rule attempted to provide a specific mechanism for reclassification while keeping some stricter controls for the most concerning pollutants. This resolution blocks that specific mechanism. The practical effect is maintaining the regulatory landscape as it was before this specific EPA rule was introduced. This prevents facilities from using this rule's pathway to potentially lower their compliance category, which could maintain stricter controls but might also remove a potential avenue for regulatory adjustment that some industries argue is needed if they successfully reduce emissions.