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; Florida; Revisions to Stationary Sources-Removal of Clean Air Interstate Rule Provisions".

Bill Number

S.J.Res. 65

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-09-03: Placed on Senate Legislative Calendar under General Orders. Calendar No. 147.

Last Updated

2025-09-05T17:12:28Z

AI-Generated Summary

Purpose

This joint resolution (S.J. Res. 65) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA). The rule in question approves revisions to Florida's state air quality plan, which would remove certain federal requirements related to controlling pollution from stationary sources like power plants. By disapproving the rule, Congress seeks to prevent these revisions from taking effect, thereby maintaining stricter pollution controls under the existing federal framework.

Key Provisions

• Disapproval of EPA Rule: The resolution explicitly disapproves the EPA's rule titled "Air Plan Approval; Florida; Revisions to Stationary Sources—Removal of Clean Air Interstate Rule Provisions," published in the Federal Register on July 7, 2025 (90 Fed. Reg. 29745).
• Nullification: If passed, the rule would have no legal force or effect, blocking Florida's proposed changes to its air plan.
• Procedural Path: Introduced by Senator Whitehouse on July 22, 2025, and referred to the Senate Committee on Environment and Public Works. On September 3, 2025, the committee was discharged by petition under 5 U.S.C. 802(c) (part of the Congressional Review Act), allowing the resolution to bypass committee review and proceed directly to the Senate calendar.

Significant Changes to Existing Law

• This resolution invokes the Congressional Review Act (CRA), a law that allows Congress to overturn recent federal agency rules with a simple majority vote and the President's signature (or veto override). It does not amend broader laws like the Clean Air Act but directly overrides the EPA's approval of Florida's revisions.
• The targeted EPA rule would have removed provisions from the Clean Air Interstate Rule (CAIR), a federal program designed to reduce interstate air pollution (such as sulfur dioxide and nitrogen oxides) from power plants. By disapproving it, the resolution preserves CAIR's requirements in Florida's state implementation plan, preventing deregulation of emissions controls.

Potential Impacts

• On Government Agencies: Limits the EPA's ability to approve state-level relaxations of federal air quality standards, potentially increasing federal oversight of state plans and requiring the EPA to enforce existing CAIR rules.
• On Citizens: Could improve air quality in Florida and neighboring states by maintaining controls on pollutants that contribute to smog, acid rain, and health issues like respiratory problems. However, it might lead to higher operational costs for affected facilities, indirectly affecting energy prices for residents.
• On International Relations: Minimal direct impact, as this focuses on domestic air pollution within the U.S., though cleaner air in the Southeast could indirectly support U.S. commitments under international environmental agreements like the Paris Accord.
• Broader Effects: Delays or prevents deregulation, potentially influencing similar state plans in other regions and reinforcing federal environmental protections amid ongoing debates over climate and pollution.

Main Stakeholders Affected

• Environmental Protection Agency (EPA): Faces reversal of its rulemaking authority on this specific approval.
• State of Florida: Cannot implement the proposed revisions to its air plan, affecting state regulatory flexibility.
• Energy and Industrial Sectors: Stationary sources (e.g., power plants and factories) in Florida may remain subject to CAIR emissions caps, increasing compliance costs but reducing pollution.
• Environmental and Health Advocacy Groups: Likely benefit from preserved pollution controls, protecting public health in affected areas.
• Citizens and Communities: Residents in Florida and downwind states (e.g., Georgia, Alabama) gain from sustained air quality measures, though industries might pass costs to consumers.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on the CRA, which provides a fast-track mechanism for Congress to review agency actions within 60 legislative days of submission. This upholds Congress's constitutional oversight of the executive branch but could be challenged if seen as interfering with the Clean Air Act's cooperative federalism (where states and EPA share implementation roles).
• Constitutional: Reinforces the separation of powers by allowing legislative check on executive rulemaking, without altering the underlying statutory framework.
• Political: The use of a petition to discharge the committee suggests urgency or bipartisan support to bypass traditional processes, potentially signaling partisan divides on environmental deregulation. If enacted, it could set a precedent for future CRA challenges to EPA actions under varying administrations.

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

• 2025-09-03: Placed on Senate Legislative Calendar under General Orders. Calendar No. 147.
• 2025-09-03: Senate Committee on Environment and Public Works discharged by petition pursuant to 5 U.S.C. 802(c).
• 2025-09-03: Senate Committee on Environment and Public Works discharged by petition pursuant to 5 U.S.C. 802(c).
• 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; Florida; Revisions to Stationary Sources—Removal of Clean Air Interstate Rule Provisions. — issued 2025-07-22 — 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 Air Plan Approval; Florida; Revisions to Stationary Sources—Removal of Clean Air Interstate Rule Provisions. — issued 2025-09-03 — PDF (4 pages)