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 "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act".

This joint resolution, enacted under the Congressional Review Act (chapter 8 of title 5 of the U.S. Code), nullifies the EPA rule published September 10, 2024 (89 Fed. Reg. 73293), titled "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act." That rule had required sources of persistent and bioaccumulative hazardous air pollutants — among the most toxic and long-lasting pollutants — to continue complying with the stricter emission standards that apply to "major sources" even if those facilities reduced their emissions enough to be reclassified as lower-regulated "area sources." The resolution declares that EPA rule to have no force or effect.

Under the Congressional Review Act, this nullification also bars EPA from issuing a new rule that is substantially similar to the disapproved rule without congressional authorization. The Clean Air Act's underlying statutory framework remains in place; what is undone is the specific regulatory requirement the 2024 EPA rule imposed.

Industrial facilities — such as chemical plants and manufacturing operations — that emit persistent and bioaccumulative hazardous air pollutants and had reclassified, or sought to reclassify, from "major source" to "area source" status under Clean Air Act Section 112. Communities living near those facilities are also affected, as the emission standards those facilities must meet would change. EPA's enforcement posture toward those facilities is directly altered.

Facilities that reclassified as area sources are no longer required by the nullified rule to maintain major-source emission controls for persistent and bioaccumulative hazardous air pollutants — chemicals that accumulate in ecosystems and human tissue. For affected communities, this removes a layer of air-quality protection. For regulated facilities, it eliminates compliance costs and obligations tied to the 2024 rule. EPA cannot reinstate the same requirements without new congressional action.

The resolution is self-executing: upon enactment, the EPA rule has no force or effect and EPA must stop enforcing it. No rulemaking or agency action is needed to implement the disapproval. Under the Congressional Review Act, EPA is also automatically barred from promulgating a rule in substantially the same form unless Congress passes and the President signs new authorizing legislation. Facilities previously subject to the nullified rule revert to the regulatory requirements that applied before it took effect.