The SENATE on Thursday approved a measure aimed at a regulatory ROLLBACK of an EPA Rule designed to limit certain hazardous Air Pollution emissions from industrial facilities. The 52-46 vote moves to discard a policy known as "Once In, Always In" under the Clean Air Act.
The vote represents a notable legislative action regarding the Clean Air Act since its enactment 55 years ago. Supporters argued the EPA Rule disincentivized facilities from improving their emissions controls.
The specific Rule, finalized by the EPA in 2024, required sources classified as "major" emitters of certain hazardous pollutants to maintain stringent controls permanently, even if their emissions dropped below the "major source" threshold. Critics argued this created unnecessary red tape and penalized companies that invested in cleaner technologies.
The effort to overturn the Rule utilized the Congressional Review Act. The joint resolution now heads to the House of Representatives.
The Rule sought to address emissions of seven specific hazardous Air Pollution chemicals, including mercury, polychlorinated biphenyls (PCB), and dioxins.
Sen. John Curtis of Utah sponsored the resolution. Curtis stated the Rule put forward under the former administration "shut the door on progress," arguing that it punished companies with "permanent red tape" regardless of their investment in reducing emissions. His resolution aims to reinstate regulatory flexibility.
Industry groups, including the National Association of Manufacturers and the U.S. Chamber of Commerce, have voiced concerns over the "Once In, Always In" policy, labeling it burdensome and arguing it lacked measurable environmental benefit while imposing costs. They argued the Rollback provides a common-sense incentive for cleaner practices.
Environmental organizations opposed the Rollback, warning it could lead to increased emissions of toxic pollutants linked to health issues. Former EPA staffers through the Environmental Protection Network argued Congress should strengthen the agency's ability to protect the public.
The Rollback measure comes amidst broader efforts to reduce regulatory requirements on industry.
"My resolution restores a common-sense incentive: if you clean up, you get credit for it," Curtis said in a statement.
