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 "National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal".
- Bill Number
- S.J.Res. 188
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-06-03: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 135. (CR S2509)
- Last Updated
- 2026-06-08T15:25:06Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 188) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA), preventing it from taking effect. The rule in question repeals national emission standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units (power plants).
Key Provisions
- Congress explicitly disapproves the EPA rule titled "National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal" (published February 24, 2026, at 91 Fed. Reg. 9088).
- The disapproved rule is declared to have no force or effect, using the Congressional Review Act (CRA, under chapter 8 of title 5, U.S. Code), which allows Congress to overturn agency regulations.
Significant Changes to Existing Law
- Blocks the EPA's repeal of prior emission standards, maintaining the original National Emission Standards for Hazardous Air Pollutants (NESHAP) for these power plants.
- No new laws are created; it simply nullifies the EPA's recent regulatory action via the CRA's expedited process.
Potential Impacts
- Government agencies: Limits EPA's ability to revise or repeal its own air pollution rules, potentially requiring ongoing enforcement of older standards.
- Citizens: Could preserve protections against hazardous air pollutants (like mercury and toxins) from power plants, benefiting public health in areas near facilities; however, it may increase energy costs if plants face stricter compliance.
- Energy sector: Coal- and oil-fired power plants retain emission limits, possibly affecting operations, costs, and retirement decisions.
- No direct impact on international relations noted.
Main Stakeholders Affected
- EPA: Loses the ability to implement the repeal.
- Coal- and oil-fired electric utilities: Must continue complying with unrepealed emission standards.
- Environmental and public health groups: Likely benefit from sustained pollution controls.
- Energy consumers and industry: Face potential higher operational costs for affected power plants.
- Congress: Exercises oversight via CRA, with the resolution bypassing committee via petition (5 U.S.C. 802(c)).
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the CRA for fast-track disapproval (simple majority vote, no amendments, not subject to filibuster), highlighting Congress's check on executive agency rulemaking.
- Constitutional: Reinforces separation of powers by allowing legislative override of agency actions without judicial review for CRA disapprovals.
- Political: Introduced by Sen. Whitehouse (D-RI) in the 119th Congress (2026); committee discharge by petition signals urgency and potential partisan support to block deregulation. No broader policy changes; focuses solely on this rule.
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
- 2026-06-03: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 135. (CR S2509) (Roll call 135)
- 2026-05-12: Placed on Senate Legislative Calendar under General Orders. Calendar No. 409.
- 2026-05-12: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-05-12: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-04-27: Read twice and referred to the Committee on Environment and Public Works.
- 2026-04-27: 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 National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal. — issued 2026-04-27 — PDF (2 pages)
- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units: Final Repeal. — issued 2026-05-12 — PDF (4 pages)