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 “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act”.
Key claim: Congress nullified the EPA rule requiring sources of persistent and bioaccumulative hazardous air pollutants to keep complying with major-source emission standards under Clean Air Act Section 112 even after reclassifying as area sources.
Abstract
(SJRES31 · 119th Congress) This joint resolution nullifies the Environmental Protection Agency rule titled Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (89 Fed. Reg. 73293) and published on September 10, 2024. Among other elements, the rule requires sources of persistent and bioaccumulative hazardous air pollutants to continue to comply with certain major source emission standards under the Clean Air Act even if the sources reclassify as area sources. Latest action (2025-06-20): Became Public Law No: 119-20.
Why this matters
The CRA nullification directly reverses an EPA effort to keep stringent major-source hazardous air pollutant controls in place for facilities that reclassify to area-source status, particularly for persistent and bioaccumulative HAPs (e.g., mercury, dioxins) that pose long-term health risks. Practically, reclassified facilities can now shed major-source MACT compliance for these pollutants, lowering industry costs but raising concerns from public-health advocates about localized exposure. It is a concrete example of Congress using the CRA to shape the scope of Section 112 NESHAP applicability.