PolicyBrief
S.J.RES. 65
119th CongressJul 22nd 2025
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; Florida; Revisions to Stationary Sources-Removal of Clean Air Interstate Rule Provisions".
IN COMMITTEE

This joint resolution disapproves the EPA's rule removing Clean Air Interstate Rule provisions from Florida's air quality plan for stationary sources.

Sheldon Whitehouse
D

Sheldon Whitehouse

Senator

RI

LEGISLATION

Congress Moves to Nullify EPA Rule on Florida Air Quality, Keeping Older Pollution Standards in Place

This joint resolution is Congress stepping in to hit the 'undo' button on a specific Environmental Protection Agency (EPA) rule regarding Florida’s air quality plan. The rule Congress is rejecting was meant to revise how large, stationary sources of pollution—think power plants and big factories—are regulated in Florida. Specifically, the EPA rule was going to remove certain older requirements that came from the Clean Air Interstate Rule (CAIR). By passing this resolution, Congress ensures that the EPA’s attempt to change the rules (published in the Federal Register on June 30, 2024) is completely nullified, meaning the stricter, older standards for those major polluters will stay put.

The Regulatory Whack-a-Mole

This move uses a mechanism called the Congressional Review Act (CRA), which allows Congress to disapprove of and strike down specific federal agency rules. For everyday people, this is a big deal because it means Congress is actively overriding the environmental expertise of the executive branch. The rejected EPA rule was essentially streamlining or updating Florida’s plan by removing outdated CAIR provisions. However, by stopping the removal of these provisions, the resolution keeps the current set of requirements in place for large industrial facilities. The immediate effect is regulatory certainty, but it also means that the specific revisions the EPA thought were necessary won't happen.

Who Breathes Easier (or Harder)?

When we talk about stationary sources of pollution, we’re talking about emissions that affect local air quality—the stuff that contributes to smog and respiratory issues. If the EPA’s rejected rule was indeed weakening standards, this Congressional action is a win for public health advocates and anyone living downwind of a major industrial facility in Florida. For example, if you live near a large factory, keeping those older, potentially stricter CAIR requirements in place might mean better air quality than if the EPA’s replacement rule had gone through. This is a clear benefit to the general public who rely on these protections.

Industry and Agency Headaches

On the flip side, the industrial facilities—the beneficiaries of the rule Congress just rejected—will likely face continued compliance hurdles under the older standards. For these large operators, the EPA's now-nullified rule might have offered a path to more efficient or less complex compliance. More broadly, this action is a direct slap at the EPA’s discretion. The agency spent time and resources developing a technical rule to manage complex air quality plans, and Congress just wiped it out. This kind of legislative override can make it harder for the EPA to manage environmental standards, especially when dealing with highly technical, state-specific plans. It’s a reminder that even the most complex, jargon-heavy regulations are always subject to political intervention, which can create uncertainty for everyone involved.