Bills of Congress by U.S. Congress

S.jres12 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions. (119th Congress)

Summary

This document is a joint resolution (S.J. Res. 12) introduced in the Senate during the 119th Congress. It aims to disapprove a rule issued by the Environmental Protection Agency (EPA) concerning waste emissions charges for petroleum and natural gas systems. The rule in question, published in the Federal Register (89 Fed. Reg. 91094), relates to procedures for facilitating compliance, including netting and exemptions.

The resolution seeks to nullify the EPA rule, preventing it from taking effect. Several senators co-sponsored the resolution, indicating a significant level of concern regarding the EPA's regulatory action.

The resolution invokes Chapter 8 of Title 5 of the United States Code, which provides a mechanism for Congress to review and potentially disapprove agency rules.

Expected Effects

If passed, this resolution would prevent the EPA's rule on waste emissions charges for petroleum and natural gas systems from being implemented. This would mean that the procedures for compliance, netting, and exemptions outlined in the rule would not be enforced.

The practical effect would be to maintain the existing regulatory landscape for these emissions, at least until further action is taken by the EPA or Congress. This could impact the oil and gas industry's compliance costs and strategies related to methane emissions.

Potential Benefits

  • Reduced compliance costs for oil and gas companies, potentially leading to lower energy prices for consumers.
  • Prevention of regulatory overreach by the EPA, reinforcing congressional oversight.
  • Protection of jobs in the oil and gas industry, which could be negatively impacted by the emissions charge.
  • Avoidance of potential disruptions to domestic energy production.
  • Upholding the principle of cost-benefit analysis in environmental regulation.

Potential Disadvantages

  • Potential increase in methane emissions from oil and gas operations, contributing to climate change.
  • Reduced incentives for companies to invest in emissions reduction technologies.
  • Undermining the EPA's authority to regulate pollution and protect public health.
  • Negative impact on air quality and environmental justice in communities near oil and gas facilities.
  • Damage to the United States' international reputation on climate action.

Constitutional Alignment

The resolution is an exercise of Congress's legislative power under Article I, Section 1 of the Constitution, which vests all legislative powers in the Congress. Specifically, it utilizes the Congressional Review Act (CRA), codified in Chapter 8 of Title 5, which allows Congress to review and disapprove agency rules.

The CRA is designed to ensure that agencies do not exceed their delegated authority and that Congress retains oversight of the regulatory process. The resolution does not appear to infringe on any specific constitutional rights or liberties.

However, the appropriateness of the disapproval depends on whether the EPA rule itself is a valid exercise of its delegated authority under existing environmental statutes.

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).