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: This joint resolution would nullify the EPA’s September 2024 final rule that requires sources of persistent and bioaccumulative hazardous air pollutants to continue complying with major-source emission standards under Clean Air Act Section 112 even after reclassifying as area sources.
Abstract
(HJRES79 · 119th Congress) This joint resolution nullifies the Environmental Protection Agency final 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 (2025-03-27): Sponsor introductory remarks on measure. (CR H1328-1329)
Why this matters
This CRA disapproval resolution targets EPA’s 2024 rule that closed a compliance off-ramp for major sources of persistent and bioaccumulative hazardous air pollutants (like mercury and dioxins) seeking to reclassify as area sources under Clean Air Act §112. If enacted, reclassified facilities would face lower-stringency area-source standards rather than continued major-source NESHAP obligations, reducing compliance costs but potentially raising HAP emissions from affected industrial sources. It is part of a broader pattern of CRA actions rolling back Biden-era EPA air toxics rulemakings.