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 "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Deadline Extensions".
- Bill Number
- S.J.Res. 106
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-02-04: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-02-11T18:06:43Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 106) aims to block a specific rule issued by the Environmental Protection Agency (EPA). The rule extends deadlines for implementing pollution limits on wastewater discharges from steam electric power plants. By disapproving the rule, Congress seeks to prevent these extensions and enforce stricter timelines for environmental protections.
Key Provisions
- Disapproval of EPA Rule: The resolution formally disapproves the EPA's rule titled "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category—Deadline Extensions," published in the Federal Register on December 31, 2025 (90 Fed. Reg. 61328).
- Nullification: The rule is declared to have no legal force or effect if the resolution passes, overriding the EPA's authority to extend deadlines.
- Process: This action uses the Congressional Review Act (a law allowing Congress to review and overturn certain federal agency rules within a set period after issuance).
Significant Changes to Existing Law
- The resolution does not amend broader laws but directly invalidates the specific EPA rule under the Congressional Review Act.
- It reverses the EPA's decision to delay compliance deadlines for effluent limitations (rules setting maximum allowable pollution levels in wastewater discharges), potentially reverting to original timelines established under the Clean Water Act (a 1972 law regulating water pollution from industrial sources like power plants).
Potential Impacts
- On Government Agencies: The EPA would lose the ability to extend deadlines, requiring faster implementation of pollution controls. This could strain agency resources but enforce quicker environmental compliance.
- On Citizens: May lead to sooner reductions in toxic wastewater pollutants (e.g., mercury, arsenic) from power plants, potentially improving water quality and public health in affected communities near rivers and waterways.
- On International Relations: Minimal direct impact, though it reinforces U.S. commitments to global water pollution standards under treaties like those addressing transboundary pollution.
- Broader Effects: Power plants might face higher short-term costs for upgrades, but long-term benefits could include cleaner ecosystems and reduced health risks from contaminated water.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Directly challenged, as its regulatory flexibility is curtailed.
- Steam Electric Power Industry: Power plant operators (e.g., coal and gas-fired facilities) may need to accelerate pollution control installations without extensions, increasing operational costs.
- Environmental and Public Health Groups: Likely supportive, as it prioritizes timely pollution reductions to protect water resources and communities.
- Local Communities and Water Users: Residents near power plants or downstream waterways could benefit from faster cleanup but might experience indirect economic effects if energy costs rise.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the Congressional Review Act, a tool for Congress to check executive branch rulemaking (effluent limitations stem from the Clean Water Act). If passed, it sets a precedent for rapid reversal of agency delays on environmental rules.
- Constitutional: Aligns with Congress's oversight role over executive agencies under Article I, but could spark debates on separation of powers if seen as micromanaging EPA enforcement.
- Political: Introduced by Sen. Sheldon Whitehouse (D-RI) on February 4, 2026, and referred to the Senate Committee on Environment and Public Works; reflects partisan divides on environmental regulation, with potential for swift action in a divided Congress to influence energy policy ahead of compliance deadlines.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Whitehouse, Sheldon [D-RI]
Recent Actions
- 2026-02-04: Read twice and referred to the Committee on Environment and Public Works.
- 2026-02-04: Introduced in Senate
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 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category—Deadline Extensions. — issued 2026-02-04 — PDF (2 pages)