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 Volatile Organic Compound Emission Standards for Aerosol Coatings: Interim Final Rule".

Bill Number

S.J.Res. 73

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-08-01: Read twice and referred to the Committee on Environment and Public Works.

Last Updated

2025-09-16T14:58:05Z

AI-Generated Summary

Purpose

This joint resolution (S.J. Res. 73) aims to block a specific rule issued by the Environmental Protection Agency (EPA) under the Congressional Review Act (CRA). The CRA is a law that lets Congress review and potentially overturn certain federal agency rules before they fully take effect. Here, the target is an EPA interim final rule setting national standards to limit volatile organic compound (VOC) emissions from aerosol coatings, such as spray paints. VOCs are chemicals that can contribute to air pollution by forming ground-level ozone (smog).

Key Provisions

• Disapproval Statement: The resolution explicitly disapproves the EPA rule titled "National Volatile Organic Compound Emission Standards for Aerosol Coatings: Interim Final Rule," published in the Federal Register on July 2, 2025 (90 Fed. Reg. 28904).
• Nullification: If passed, the rule would have no legal force or effect, meaning the EPA could not enforce it.
• Process: Introduced in the Senate on August 1, 2025, by Senator Whitehouse, and referred to the Committee on Environment and Public Works for review.

Significant Changes to Existing Law

• This resolution does not amend broader laws but uses the CRA to override the specific EPA rule, effectively pausing or preventing new emission limits on aerosol products.
• Without this disapproval, the rule would have updated existing Clean Air Act standards (a major U.S. environmental law) by tightening VOC limits for aerosol coatings, building on prior regulations from 2009 and 2015.
• If enacted, it would maintain the status quo, avoiding stricter controls that the EPA proposed to reduce air pollution nationwide.

Potential Impacts

• On Government Agencies: Limits the EPA's ability to implement this environmental regulation, potentially requiring the agency to redirect resources or face legal challenges. It reinforces Congress's oversight role over executive branch rulemaking.
• On Citizens: Could lead to higher VOC emissions from consumer products like paints and adhesives, potentially worsening air quality in urban areas and increasing health risks (e.g., respiratory issues from smog). However, it might keep costs lower for everyday aerosol products.
• On International Relations: Minimal direct impact, though weaker U.S. emission standards could affect global efforts to combat climate change and air pollution under agreements like the Paris Accord.
• Broader Economy: Benefits manufacturers by avoiding compliance costs (e.g., reformulating products), but may increase environmental cleanup expenses for states or communities.

Main Stakeholders Affected

• EPA and Federal Regulators: Directly challenged in their authority to set pollution standards.
• Aerosol Coatings Industry: Manufacturers, distributors, and users (e.g., automotive, consumer goods sectors) who would face reduced regulatory burden.
• Environmental and Health Groups: Organizations like the Sierra Club or American Lung Association, which may oppose the disapproval as it weakens pollution controls.
• State Governments: States with their own air quality programs could see inconsistencies if federal standards are blocked.
• Consumers and Workers: Everyday users of aerosol products and industry employees affected by potential job or cost changes.

Notable Legal, Constitutional, or Political Implications

• Legal: Invokes the CRA (chapter 8 of title 5, U.S. Code), a streamlined process for Congress to veto agency rules with a simple majority vote (no presidential signature needed if passed by both chambers). This upholds separation of powers by checking executive overreach but could lead to litigation if the EPA argues the rule was mandated by the Clean Air Act.
• Constitutional: Reinforces Congress's legislative primacy under Article I, ensuring agencies do not exceed statutory authority without oversight.
• Political: Signals partisan divides on environmental regulation—often supported by Democrats for stronger protections and opposed by some Republicans favoring deregulation. As an early 119th Congress action (2025), it highlights ongoing debates over EPA rules amid climate policy shifts. If vetoed by the President, it requires a two-thirds override, raising the stakes.

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

• 2025-08-01: Read twice and referred to the Committee on Environment and Public Works.
• 2025-08-01: 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 Volatile Organic Compound Emission Standards for Aerosol Coatings: Interim Final Rule. — issued 2025-08-01 — PDF (2 pages)