Congress blocks EPA's South Dakota air-quality plan via fast-track disapproval
S.J.Res. 86 — 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 "Air Plan Approval; South Dakota; Regional Haze Plan for the Second Implementation Period". · Filed by Sheldon Whitehouse (D-RI) · Introduced Oct 1, 2025 · Reported out
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What it does
This is a Congressional Review Act resolution that disapproves an EPA rule approving South Dakota's air-quality plan for reducing regional haze pollution. If passed, the rule is nullified and has no legal effect, blocking the EPA's approval of South Dakota's compliance strategy for the second implementation period of the Regional Haze Rule.
Why we flagged it
This is a straightforward Congressional Review Act disapproval resolution targeting a specific EPA air-quality rule. It uses the CRA's one-sentence procedural mechanism to nullify an environmental protection without substantive legislative debate.
What the text implies
- Disapproving the rule does not prevent the EPA from resubmitting a similar rule; however, under CRA rules (5 U.S.C. 801(b)(2)), the agency cannot issue a substantially similar rule without new congressional authorization, effectively blocking regional haze enforcement in South Dakota for the second implementation period.
- South Dakota's failure to meet Regional Haze visibility targets may trigger federal implementation of a stricter plan, shifting regulatory authority from the state to EPA — the opposite of the bill's apparent intent.
The full analysis lists 3 implications of this text.
Who stands to gain
coal-fired power plants and other industrial emitters in South Dakota; energy producers subject to regional haze compliance costs