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.
Summary
This joint resolution disapproves the Environmental Protection Agency's (EPA) rule regarding Florida's air plan approval, specifically the removal of Clean Air Interstate Rule (CAIR) provisions. The resolution aims to nullify the EPA's action, preventing the rule from taking effect. This action is taken under chapter 8 of title 5, United States Code, which provides for congressional review of agency rulemaking.
The resolution expresses Congress's disagreement with the EPA's decision to remove CAIR provisions from Florida's air quality plan. The disapproval is based on concerns that the EPA's rule may negatively impact air quality.
The resolution was introduced in the Senate on July 22, 2025, and referred to the Committee on Environment and Public Works.
Expected Effects
If enacted, this resolution would prevent the EPA's rule from taking effect, meaning the Clean Air Interstate Rule provisions would remain in place for Florida's air quality plan. This could lead to stricter regulations on stationary sources of air pollution in Florida.
This action would effectively override the EPA's decision, maintaining the existing regulatory framework. The impact would primarily be felt by industries in Florida subject to air quality regulations.
Ultimately, the resolution aims to ensure continued enforcement of the CAIR provisions, potentially leading to improved air quality in the region.
Potential Benefits
- Potentially improved air quality in Florida due to the continued enforcement of CAIR provisions.
- Continued regulation of stationary sources of air pollution, ensuring compliance with environmental standards.
- Preservation of existing environmental safeguards, preventing potential rollbacks in air quality protections.
- Reinforcement of congressional oversight of agency rulemaking, ensuring accountability and transparency.
- May lead to better public health outcomes by reducing air pollution-related illnesses.
Potential Disadvantages
- Potential for increased regulatory burden on businesses in Florida, leading to higher compliance costs.
- Possible delays in implementing alternative air quality control measures that the EPA rule might have introduced.
- Could create uncertainty for businesses and industries regarding air quality regulations.
- May hinder economic growth in Florida if the CAIR provisions are overly restrictive.
- Potential for conflict between the EPA and Congress regarding environmental policy decisions.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution is an exercise of Congress's legislative powers, as granted by Article I, Section 1 of the US Constitution, which vests all legislative powers in the Congress. The Congressional Review Act, under which this resolution is brought, is a mechanism for Congress to check the power of the executive branch and ensure that agencies are acting in accordance with congressional intent.
By disapproving the EPA rule, Congress is asserting its authority to oversee and regulate environmental policy, which falls under the general welfare clause of the Constitution's preamble. The resolution does not appear to infringe upon any specific constitutional rights or liberties.
However, the extent to which Congress can override agency rulemaking is a matter of ongoing debate, and the constitutionality of the Congressional Review Act itself has been questioned, although it has been generally upheld.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).