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 "Air Plan Approval; Indiana; Regional Haze Plan for the Second Implementation Period".
- Bill Number
- S.J.Res. 122
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-03-09: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-03-12T18:49:39Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 122) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA) under the Congressional Review Act (a law that allows Congress to review and potentially overturn certain federal agency regulations). The targeted rule approves Indiana's state plan to address regional haze—visibility impairment in national parks and wilderness areas caused by air pollution—during its second implementation period (covering 2021–2031).
Key Provisions
- Disapproval of the Rule: Congress explicitly disapproves the EPA's rule titled "Air Plan Approval; Indiana; Regional Haze Plan for the Second Implementation Period," as published in the Federal Register on January 26, 2026 (91 Fed. Reg. 3057).
- Nullification: If enacted, the rule would have no legal force or effect, preventing the approved Indiana plan from being implemented.
- Procedural Details: Introduced in the Senate by Senator Whitehouse on March 9, 2026, and referred to the Senate Committee on Environment and Public Works for review.
Significant Changes to Existing Law
- This resolution would reverse the EPA's administrative approval of Indiana's haze plan, which was finalized under the Clean Air Act. Without this disapproval, the plan would guide pollution controls from sources like power plants and factories to improve visibility in protected areas.
- It invokes the Congressional Review Act to override an agency action without needing new legislation, marking a direct check on executive branch rulemaking. No amendments to broader environmental laws (e.g., Clean Air Act) are proposed; the focus is solely on nullifying this specific rule.
Potential Impacts
- On Government Agencies: The EPA's authority to approve state air quality plans could be undermined, potentially leading to delays in similar approvals for other states and increased congressional oversight of environmental regulations.
- On Citizens: Residents of Indiana and nearby areas might face prolonged visibility issues in national parks if the plan is blocked, but industries could benefit from reduced regulatory burdens on emissions.
- On International Relations: Minimal direct impact, though it could indirectly affect U.S. commitments under international agreements on air pollution if haze reductions are stalled.
- Overall, it could slow progress on air quality improvements in the Midwest, where regional haze is a concern, while easing compliance costs for affected businesses.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Loses the approved rule, potentially requiring rework or alternative actions.
- State of Indiana: Its submitted haze plan is nullified, affecting state environmental agencies and their coordination with federal requirements.
- Environmental and Conservation Groups: May oppose the resolution, as it hinders pollution controls benefiting public health and natural visibility.
- Industry Stakeholders: Power generation, manufacturing, and other emitters in Indiana could gain from avoided regulations, reducing operational costs.
- Congress and the Public: Highlights tensions between legislative and executive branches on environmental policy, with broader implications for communities near polluted areas.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the Congressional Review Act, which has a 60-day window for disapproval after rule submission; success would set a precedent for quick congressional overrides of EPA actions without judicial review. The Clean Air Act's framework for state plans remains intact but unenforced here.
- Constitutional: Reinforces Congress's oversight role over executive agencies (Article I powers), balancing separation of powers by allowing legislative veto of regulations seen as overreach.
- Political: As a bipartisan tool (though often partisan in use), it could spark debates on federalism—state vs. federal environmental authority—and influence future EPA rulemaking, especially amid shifting political priorities on climate and air quality. No constitutional challenges are inherent, but enactment might invite lawsuits from affected parties.
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
- 2026-03-09: Read twice and referred to the Committee on Environment and Public Works.
- 2026-03-09: 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 Air Plan Approval; Indiana; Regional Haze Plan for the Second Implementation Period. — issued 2026-03-09 — PDF (2 pages)