Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020".

Bill Number: H.J.Res. 38
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Environmental Protection
Status: Introduced
Latest Action: 2025-02-07: Referred to the House Committee on Energy and Commerce.
Last Updated: 2026-04-15T14:52:48Z

AI-Generated Summary

Purpose

This joint resolution (H.J. Res. 38) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA) under the Congressional Review Act. The rule in question regulates the phasedown (gradual reduction) of hydrofluorocarbons (HFCs)—potent greenhouse gases used in products like refrigerants and foams—and the management of their substitutes. By disapproving the rule, Congress seeks to prevent it from taking effect, effectively blocking EPA's efforts to enforce stricter controls on these chemicals.

Key Provisions

Disapproval of the Rule: The resolution explicitly disapproves the EPA rule titled "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020," published in the Federal Register on October 11, 2024 (89 Fed. Reg. 82682).
Nullification: If passed, the rule would have no legal force or effect, meaning the EPA could not implement or enforce its requirements.
Authority: This action is taken under Chapter 8 of Title 5 of the U.S. Code, which is the Congressional Review Act—a law allowing Congress to review and overturn federal agency rules within a set timeframe after submission.

Significant Changes to Existing Law

The resolution does not amend the underlying American Innovation and Manufacturing (AIM) Act of 2020, which authorizes the EPA to phase down HFC production and consumption to reduce climate impacts. Instead, it targets and overrides a specific implementing rule under that Act.
If enacted, it would halt the EPA's planned restrictions on HFC use in sectors like refrigeration, air conditioning, and insulation, potentially delaying or altering the broader HFC reduction timeline established by the AIM Act.

Potential Impacts

On Government Agencies: The EPA would lose authority to enforce this particular rule, possibly requiring it to revise or delay future regulations on HFCs. This could strain agency resources and shift regulatory focus.
On Citizens: Everyday consumers might see continued availability of HFC-based products (e.g., in home appliances), but with potentially higher environmental risks from greenhouse gas emissions. It could also affect costs for industries reliant on HFCs, indirectly influencing prices for goods like electronics or vehicles.
On International Relations: The U.S. has committed to HFC reductions under the Kigali Amendment to the Montreal Protocol (an international treaty on ozone-depleting substances). Blocking this rule could slow U.S. progress toward those goals, potentially straining diplomatic ties with allies focused on climate action.

Main Stakeholders Affected

Environmental Protection Agency (EPA): Directly impacted as the rule's issuer; enforcement would be blocked.
Industries and Businesses: Manufacturers, distributors, and users of HFCs (e.g., in HVAC systems, aerosols, and foams) benefit from avoided regulations, while substitute chemical producers might face reduced market demand.
Environmental and Climate Groups: Likely opposed, as the rule supports emission reductions; they could see weakened protections against global warming.
Congress and Lawmakers: Sponsors (e.g., Representatives Dunn, Bilirakis, and others) represent interests favoring deregulation; the resolution was referred to the House Committee on Energy and Commerce for review.
General Public and Workers: Affected through environmental health (e.g., climate change effects) and job impacts in regulated sectors.

Notable Legal, Constitutional, or Political Implications

Legal: Invokes the Congressional Review Act, which provides a streamlined process for Congress to veto agency rules without presidential signature if passed by both chambers and not overridden. This reinforces Congress's oversight role over executive agencies but is time-limited (rules can only be disapproved within 60 legislative days of submission).
Constitutional: Aligns with the separation of powers by allowing the legislative branch to check administrative rulemaking, though critics might argue it undermines expert agency authority granted by prior laws like the AIM Act.
Political: Introduced in the 119th Congress (2025–2026) by Republican lawmakers, it reflects partisan divides on environmental regulation. Passage could signal a shift toward deregulation in a new congressional session, influencing future climate policy debates without altering the foundational AIM Act.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Dunn, Neal P. [R-FL-2]

Cosponsors (17)

Rep. Bilirakis, Gus M. [R-FL-12], Rep. Rulli, Michael A. [R-OH-6], Rep. Ogles, Andrew [R-TN-5], Rep. Westerman, Bruce [R-AR-4], Rep. Messmer, Mark [R-IN-8], Rep. Schmidt, Derek [R-KS-2], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Franklin, Scott [R-FL-18], Rep. McDowell, Addison [R-NC-6], Rep. Owens, Burgess [R-UT-4], Rep. Palmer, Gary J. [R-AL-6], Rep. Jack, Brian [R-GA-3], Rep. Pfluger, August [R-TX-11], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Lee, Laurel M. [R-FL-15], Rep. Steube, W. Gregory [R-FL-17], Rep. Goldman, Craig A. [R-TX-12]

Recent Actions

2025-02-07: Referred to the House Committee on Energy and Commerce.
2025-02-07: Introduced in House
2025-02-07: Introduced in House

Bill Versions

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020". — issued 2025-02-07 — PDF (2 pages)