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 "Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery.
- Bill Number
- S.J.Res. 85
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-10-01: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-04-08T20:23:29Z
AI-Generated Summary
Summary of S.J. Res. 85
Purpose
This joint resolution aims to block a specific rule issued by the Environmental Protection Agency (EPA) that regulates certain types of incinerators used for burning solid waste, particularly in disaster recovery situations. By disapproving the rule, Congress seeks to prevent it from becoming enforceable law, using a process known as the Congressional Review Act (CRA), which allows lawmakers to overturn agency regulations.
Key Provisions
- Disapproval of EPA Rule: The resolution explicitly disapproves the EPA's rule titled "Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery," published in the Federal Register on August 26, 2025 (90 Fed. Reg. 41508).
- Nullification: If passed, the rule will have no legal force or effect, meaning it cannot be implemented or enforced.
- Congressional Process: Introduced in the Senate on October 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 create new laws but invokes the CRA (chapter 8 of title 5, United States Code) to reverse an administrative rule before it fully takes effect.
- It would override the EPA's authority to impose new standards on temporary-use incinerators (portable units for short-term waste burning) and air curtain incinerators (devices that use a curtain of air to control emissions during open burning), potentially maintaining looser prior regulations for these units in emergency scenarios.
Potential Impacts
- On Government Agencies: The EPA would lose the ability to enforce this rule, limiting its regulatory reach over waste incineration in disasters. This could streamline emergency responses but might weaken federal oversight of air pollution.
- On Citizens: Communities affected by disasters may experience faster waste cleanup using these incinerators, but with potentially higher risks of air quality issues if emissions controls are not applied. Everyday citizens in non-disaster areas are unlikely to be directly impacted.
- On International Relations: Minimal direct effects, though it could influence U.S. commitments to global environmental standards, such as those under treaties addressing air pollution or climate change.
- Overall, it prioritizes operational flexibility in disaster recovery over stricter environmental protections.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Directly targeted, as its rulemaking authority is challenged.
- Waste Management and Incineration Industries: Companies using temporary or air curtain incinerators benefit from avoided new compliance costs and restrictions.
- Disaster Recovery Organizations: Entities like FEMA (Federal Emergency Management Agency) or local governments involved in cleanup after events like hurricanes or wildfires gain more leeway in using these technologies.
- Environmental and Public Health Groups: Potentially harmed, as they may advocate for the rule to reduce pollution from incineration.
- Congress and Taxpayers: Lawmakers exercise oversight, while federal funds for enforcement could be redirected.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the CRA, a 1996 law that gives Congress a fast-track mechanism to review and veto agency rules within 60 legislative days of submission. If enacted, the rule cannot be reissued without new statutory authority, providing a strong check on executive branch regulations.
- Constitutional: Reinforces the separation of powers by allowing the legislative branch to counterbalance agency actions under the executive branch, aligning with Article I of the U.S. Constitution's vesting of lawmaking in Congress.
- Political: Highlights partisan or ideological divides on environmental regulation; introduced by a Democratic senator, it may reflect concerns over burdensome rules in emergencies. Passage requires simple majorities in both chambers and presidential approval (or veto override), making it a tool for congressional influence over policy without new legislation.
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
- 2025-10-01: Read twice and referred to the Committee on Environment and Public Works.
- 2025-10-01: 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 Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery. — issued 2025-10-01 — PDF (2 pages)