Amendment
Introduced on 10/1/25
This joint resolution aims to disapprove and nullify a specific rule submitted by the Environmental Protection Agency (EPA) regarding South Dakota's regional haze plan for the second implementation period. The resolution exercises Congressional authority to review and potentially reject agency rulemaking actions, particularly those related to environmental regulations and state implementation plans under the Clean Air Act.
The bill's core provision is the explicit disapproval of the EPA rule titled 'Air Plan Approval; South Dakota; Regional Haze Plan for the Second Implementation Period' as published in the Federal Register on August 28, 2025. Upon enactment, the resolution would render this specific EPA rule without any force or effect, effectively nullifying the agency's action regarding South Dakota's regional haze plan.
The implementation of this joint resolution would primarily involve the Environmental Protection Agency. Upon enactment, the EPA would be required to cease any enforcement or application of the disapproved rule. No specific funding mechanisms or reporting requirements are outlined in the provided summary. The resolution's effect would be immediate upon passage, requiring the EPA to adjust its regulatory approach to South Dakota's regional haze plan accordingly.
The direct impact of this resolution would be on the Environmental Protection Agency and the state of South Dakota. It would prevent the EPA from implementing or enforcing the specified rule related to South Dakota's regional haze plan for the second implementation period. This could potentially affect air quality management strategies in South Dakota and set a precedent for Congressional intervention in similar EPA rulemakings. The resolution does not specify any cost estimates or sunset provisions.
This joint resolution is grounded in the Congressional Review Act, which is part of Chapter 8 of Title 5, United States Code. This act provides Congress with the authority to review and potentially disapprove federal agency rules. The resolution, if enacted, would have the force of law and effectively nullify the EPA's rule. It represents an exercise of Congress's oversight power over executive agency actions, particularly in the realm of environmental regulation under the Clean Air Act.
Several critical issues arise from this joint resolution. First, it raises questions about the balance of power between Congress and executive agencies in environmental policymaking. The resolution could be seen as an assertion of Congressional authority over EPA rulemaking, potentially limiting the agency's discretion in implementing the Clean Air Act. There may be concerns about the impact on air quality and visibility in South Dakota and surrounding areas if the EPA's rule is nullified. Additionally, this action could create uncertainty for states developing regional haze plans and for industries affected by such regulations. Opposition may argue that the resolution interferes with science-based decision-making at the EPA and could hinder progress on addressing regional haze issues.
On the Motion to Proceed S.J.Res. 86 RC# 4
43 Yea
DDDIDIDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD50 Nay
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR7 Absent
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