Eliminate the “Once in, Always in” policy for companies that have produced significant pollution?

Awaiting Vote
Bill Summary

This resolution would cancel a 2024 rule from the Environmental Protection Agency (EPA) that changed how certain industrial facilities are classified under the Clean Air Act. Under the rule, facilities that were once classified as “major sources” of hazardous air pollutants could no longer reclassify themselves as “area sources” after reducing emissions below specific thresholds. Major sources are subject to stricter air pollution controls, while area sources follow less stringent requirements. By overturning the EPA’s rule, the resolution allows facilities to reclassify from major to area sources if they meet emissions limits, reinstating a policy that was previously in place before the 2024 rule. Sponsor: Sen. John R. Curtis (Republican, Utah)
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Opponents say

•      "Today, I worry for children's health more than ever before. Just now Senate Republicans voted to hand a couple of thousand of the nation's largest industrial polluters an easy way to release toxic air pollutants linked to cancer, birth defects, and brain damage. They voted to allow chemical manufacturers, pesticide makers, refineries and other facilities to turn off their pollution controls for the most insidious air pollutants known to humankind — chemicals such as dioxins, mercury, and PCBs. This will put our children, and all of us, at grave risk. It is a shameful, and completely unnecessary move." Source: Melody Reis, director of federal policy for Moms Clean Air Force, said in a statement to CBS News.

•      "The Senate voted today to overturn a critical cleanup measure that ensures some of the most deadly, cancer-causing pollution is kept out of the air families breathe. Overturning this rule would result in facilities across the country getting the green light to turn off pollution controls, letting more toxic pollutants into the air. The use of the Congressional Review Act to undo this Clean Air Act rule will not only make people across the country sicker, it will create regulatory uncertainty that could ultimately make any future pollution cleanup measures harder. The House must reject this attempt to give polluters a free pass to harm kids’ health." Source: The American Lung Association, President and CEO Harold Wimmer 

Proponents say

•      "The rule put forward under the former Administration shut the door on progress. It told companies that no matter how much they invest to reduce harmful emissions, they would still be punished with permanent red tape. That’s not good science, it’s not good governance, and it certainly isn’t good for the environment. My resolution restores a common-sense incentive: if you clean up, you get credit for it." Source: Sen. John R. Curtis (Republican, Utah)

•      "This misguided rule would remove a major incentive for dozens of industries to reduce emissions. It would further saddle American energy producers and manufactures with regulatory costs and burdens, and simply put, operates under a premise that is purely unfair. Under this rule, once you classify as a ‘Major Source’ you are always considered a ‘Major Source.’ You would even be prohibited from ever achieving an ‘Area Source’ status again, even if your emissions output decreased below the applicable threshold. “This tells American manufacturing and energy leaders that no matter what you do, you will always operate under the strictest regulatory standard available. We should, instead, provide incentive for industries to lower their emissions and keep alive the option of returning to an ‘Area Source’ once emissions are reduced. Over the last 20 years, no other country has reduced its emissions like the United States, and we do not need overly restrictive regulations to continue this. Giving our private sector the ability to innovate in a sensible timeline is a different approach than the inflexible, top-down mandate that became accustom over the past four years." Source: Senator Shelley Moore Capito (Republican, West Virginia), Chairman of the Senate Environment and Public Works (EPW) Committee