Congress Moves to Scrap EPA's South Dakota Air Quality Plan, Ending Haze Reduction Requirements

This joint resolution is Congress using a legislative tool called the Congressional Review Act (CRA) to immediately cancel a specific rule set by the Environmental Protection Agency (EPA). The rule being targeted is the EPA’s approval of South Dakota’s plan for controlling regional haze—the stuff that obscures views in national parks and scenic areas—for the second implementation period. If this resolution passes, the EPA’s rule, published on May 17, 2024, is wiped out, meaning it will have no legal effect, and the federal government’s approval of that specific air quality plan vanishes.

The View From the Ground: What Is Regional Haze?

Regional haze is basically air pollution (fine particulate matter and other emissions) that travels long distances and reduces visibility, especially in protected areas like national parks and wilderness areas. The Clean Air Act requires states to develop plans to reduce this haze. The EPA’s rule was essentially the federal sign-off on South Dakota’s strategy to meet those reduction goals. By nullifying this rule, Congress is effectively rejecting the EPA’s determination that South Dakota’s plan was sufficient or necessary, potentially leaving a regulatory gap for managing air pollution that affects visibility.

Who Benefits from the Cancellation?

If the EPA rule is canceled, the biggest immediate beneficiaries are likely the industries and entities in South Dakota—such as power plants or manufacturers—that might have faced new or stricter compliance requirements under the now-disapproved plan. For them, this resolution means avoiding potential costs associated with upgrading equipment or changing operations to meet the EPA-approved haze reduction targets. It also gives the State of South Dakota more flexibility, allowing them to revert to a previous, potentially less stringent, regulatory framework or develop an entirely new plan without the immediate federal approval hanging over them.

The Cost of Clear Skies

For regular folks, the impact centers on air quality and visibility. The EPA’s rule was designed to ensure South Dakota was meeting federal mandates to improve visibility and reduce air pollution. When Congress uses the CRA to cancel a rule like this, it removes that specific layer of environmental protection. If you live downwind or near a national park in the region, this could mean slower progress—or even stagnation—in improving air quality and restoring clear views. Essentially, this legislative action prioritizes regulatory flexibility and cost avoidance over the specific environmental safeguards outlined in the EPA’s now-defunct plan.

The Bigger Picture: Regulatory Whack-a-Mole

Using the CRA is a powerful move because it not only cancels the rule but also prevents the agency (the EPA, in this case) from issuing a “substantially similar” rule in the future unless Congress explicitly authorizes it. This isn't just a temporary delay; it’s a permanent block on that specific regulatory approach. This action represents a direct legislative override of a technical environmental rule, which some see as Congress asserting necessary checks on agency power, and others view as undermining the established scientific and regulatory process intended to protect public health and resources like air quality.