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; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period".
- Bill Number
- S.J.Res. 64
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-07-22: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-04-06T12:41:41Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 64) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA). The rule in question approved West Virginia's state plan to address regional haze—a type of air pollution that reduces visibility due to emissions from sources like power plants and factories—during the second implementation period under the Clean Air Act.
Key Provisions
- The resolution invokes the Congressional Review Act (a law allowing Congress to review and overturn certain federal agency rules) to formally disapprove the EPA's rule titled "Air Plan Approval; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period."
- It specifies the rule as published in the Federal Register on July 7, 2025 (90 Fed. Reg. 29737).
- Upon passage, the rule would be nullified, meaning it would have no legal force or effect, preventing the approved state plan from being implemented.
Significant Changes to Existing Law
- This resolution does not amend or create new laws but uses the existing Congressional Review Act to override a finalized EPA regulation.
- If enacted, it would reverse the EPA's approval of West Virginia's plan, effectively blocking the state's proposed measures for controlling haze-causing emissions during the 2021–2031 period (the second implementation cycle under federal air quality standards).
- No broader changes to the Clean Air Act or EPA authority are introduced; the effect is limited to this specific rule.
Potential Impacts
- On government agencies: The EPA would lose the ability to enforce the approved plan, potentially requiring the agency to revisit or propose alternative actions for West Virginia's air quality compliance.
- On citizens: Residents of West Virginia and downwind states could face continued or worsened visibility impairment and health risks from haze pollutants (like fine particles and sulfates), as the plan's emission reduction strategies would not proceed.
- On international relations: Minimal direct impact, though regional haze can affect cross-border air quality with neighboring states or Canada, potentially complicating U.S. environmental commitments.
- Broader economic effects might include less stringent regulations on industries, possibly benefiting energy sectors but raising concerns about environmental protection.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Directly targeted, as its rulemaking authority is overridden.
- West Virginia state government: The state's submitted plan is nullified, affecting its ability to meet federal clean air requirements.
- Environmental and public health groups: Organizations advocating for cleaner air (e.g., Sierra Club) may oppose the disapproval, as it delays pollution controls.
- Industry stakeholders: Power plants, mining, and manufacturing sectors in West Virginia could benefit from avoided compliance costs but face uncertainty in long-term regulations.
- Local communities: Residents in affected areas, particularly those with respiratory health issues, stand to gain or lose based on whether haze reductions proceed.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the Congressional Review Act (5 U.S.C. Chapter 8), which provides a mechanism for Congress to veto agency rules within a set window after submission. If passed and signed (or overridden via veto), it sets a precedent for congressional intervention in state-federal environmental planning without judicial review.
- Constitutional: Reinforces the separation of powers by allowing the legislative branch to check executive agency actions, aligning with Article I's grant of lawmaking authority to Congress.
- Political: Highlights partisan divides on environmental policy; introduced by Sen. Whitehouse (D-RI), it signals opposition to perceived lax state plans, potentially escalating tensions between Congress, the EPA, and state officials during the 119th Congress (2025–2026). It could influence future EPA approvals for other states' haze plans.
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
- 2025-07-22: Read twice and referred to the Committee on Environment and Public Works.
- 2025-07-22: 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; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period. — issued 2025-07-22 — PDF (2 pages)