Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)".
- Bill Number
- H.J.Res. 43
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-02-12: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2025-04-08T15:54:29Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 43) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA) under the Congressional Review Act. The rule updates standards for controlling emissions from storage tanks holding volatile organic liquids, such as petroleum. By disapproving it, Congress seeks to prevent the rule from taking effect, maintaining existing regulations instead.
Key Provisions
- Disapproval of EPA Rule: The resolution explicitly disapproves the EPA's rule titled "New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)," published in the Federal Register on October 15, 2024 (89 Fed. Reg. 83296).
- Nullification: Once passed, the rule would have no legal force or effect, blocking its implementation.
- Procedural Basis: This action is authorized under Chapter 8 of Title 5 of the U.S. Code, which allows Congress to review and overturn certain federal agency rules within a set timeframe after submission.
Significant Changes to Existing Law
- The resolution would override the EPA's updates to New Source Performance Standards (NSPS), which set limits on volatile organic compound (VOC) emissions—harmful pollutants that contribute to air pollution and smog—from new or modified storage vessels.
- Without this disapproval, the rule would strengthen emission controls for facilities like oil refineries and chemical plants by requiring better tank designs or monitoring. The resolution prevents these enhancements, leaving pre-2024 standards in place (e.g., those from earlier EPA reviews dating back to the 1970s and 2000s).
Potential Impacts
- On Government Agencies: The EPA's ability to enforce updated environmental protections would be curtailed for this specific area, potentially requiring the agency to redirect resources to other rules or defend against legal challenges.
- On Citizens and Environment: Reduced VOC emission controls could lead to higher air pollution in areas near industrial sites, affecting public health (e.g., respiratory issues). However, it might lower compliance costs for businesses, indirectly benefiting consumers through stable energy prices.
- On International Relations: Minimal direct impact, though it could signal U.S. policy shifts on climate and pollution standards, influencing global perceptions of American environmental commitments under agreements like the Paris Accord.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Loses authority to implement the rule, affecting its regulatory agenda.
- Energy and Petroleum Industries: Benefits from avoiding new compliance requirements, such as upgraded storage technology, which could save costs for companies in oil, gas, and chemical sectors.
- Environmental and Public Health Groups: Adversely affected, as they advocated for stricter standards to reduce pollution; groups like the Sierra Club or American Lung Association may oppose the resolution.
- Congress and Lawmakers: Particularly those on the House Committee on Energy and Commerce, who introduced and will vote on it; represents industry-friendly voices in the 119th Congress.
- Local Communities: Near industrial facilities, where air quality improvements from the rule would have been targeted.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the Congressional Review Act (CRA), a tool for "fast-track" disapproval of agency rules without standard legislative hurdles (e.g., no presidential signature needed if veto-proof). If enacted, it sets a precedent for blocking EPA actions on air quality, potentially inviting lawsuits over whether the rule was properly submitted for review.
- Constitutional: Reinforces Congress's oversight role under Article I (legislative power), checking executive branch rulemaking, but could raise separation-of-powers debates if seen as micromanaging agency expertise.
- Political: Highlights partisan divides on environmental regulation—often supported by Democrats for stronger protections and opposed by Republicans favoring deregulation to boost industry. Introduced in February 2025, it aligns with efforts to roll back Biden-era rules under a potential new administration, influencing midterm election dynamics on energy policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Clyde, Andrew S. [R-GA-9]
Recent Actions
- 2025-02-12: Referred to the House Committee on Energy and Commerce.
- 2025-02-12: Introduced in House
- 2025-02-12: 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 "New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)". — issued 2025-02-12 — PDF (2 pages)