A GOP-led resolution proposed on March 24 by U.S. Rep. Julie Fedorchak (R-ND) would overturn a Biden-era rule that permanently classified certain industrial facilities as major sources of hazardous air pollutants even if they reduce emissions below federal thresholds.
“Facilities that make significant investments to reduce emissions should have the ability to reclassify,” Rep. Fedorchak said on Monday. “Instead, this heavy-handed rule penalizes facilities that work to reduce emissions and forces them to comply with costly, outdated regulations indefinitely.
“Repealing this rule helps ensure businesses are rewarded — not punished — for being good stewards of the environment,” added the congresswoman.
House Joint Resolution (H.J.Res.) 204 would provide for congressional disapproval under chapter 8 of title 5 of the United States Code of the rule submitted by the Environmental Protection Agency (EPA) related to “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act.”
Rep. Fedorchak, who sponsored the resolution with two Republican original cosponsors, including U.S. Rep. Troy Balderson (R-OH), said it is being introduced under the Congressional Review Act (CRA), which allows Congress to overturn federal regulations within the last 60 legislative days of an administration.
If enacted, H.J.Res. 204 would nullify the EPA’s rule and prohibit the agency from issuing a similar regulation in the future without congressional approval.
The EPA finalized the rule in September 2024 to permanently classify facilities as major sources of hazardous air pollutants. The Trump administration previously rescinded the policy in 2018, allowing facilities to reclassify and reduce compliance costs while continuing to improve air quality, according to Rep. Fedorchak.
“The United States has reduced emissions more than any other nation since 2005 while reaching record energy production levels,” she said. “North Dakota is helping to lead the way in responsible energy development, and this rule does nothing but add more red tape and costs without real environmental benefits.”
The Lignite Energy Council and the National Association of Manufacturers support the resolution, which has been referred to the U.S. House Energy and Commerce Committee for consideration.