SJRES 86119th CongressIn Committee

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".

Introduced: Oct 1, 2025

Environment & Climate

Standard Summary

Comprehensive overview in 1-2 paragraphs

This measure is a joint resolution under the Congressional Review Act (CRA) aimed at blocking a specific Environmental Protection Agency (EPA) rule. The rule in question is titled “Air Plan Approval; South Dakota; Regional Haze Plan for the Second Implementation Period,” and it was published in the Federal Register as 90 Fed. Reg. 41893 on August 28, 2025. If Congress passes and the President signs this joint resolution, the CRA disapproval would cause the EPA’s rule to have no force or effect, effectively reversing the agency’s approval of South Dakota’s regional haze plan for the second implementation period. In short, the bill provides a formal congressional objection to the EPA’s rule and seeks to prevent that rule from being used to approve or implement South Dakota’s revised plan to reduce haze and improve visibility. The measure is introduced in the Senate and, as of now, is in the early stage of the legislative process.

Key Points

1Purpose: The joint resolution uses the Congressional Review Act to disapprove and block the EPA’s final rule approving South Dakota’s Regional Haze Plan for the Second Implementation Period.
2Rule being targeted: The EPA rule titled “Air Plan Approval; South Dakota; Regional Haze Plan for the Second Implementation Period,” published August 28, 2025 (90 Fed. Reg. 41893).
3Legal effect if enacted: Once enacted, the rule would have no force or effect. EPA would not be able to enforce or rely on that rule to approve South Dakota’s regional haze plan for the second implementation period.
4Scope: The action specifically affects South Dakota’s regional haze program and the EPA’s approval of that plan for the second implementation period under the Clean Air Act’s regional haze provisions.
5Status and pathway: Introduced in the Senate; would need passage by both houses and signature by the President to take effect. It is currently at the introduction stage.

Impact Areas

Primary group/area affected- Residents and communities in South Dakota who live near facilities subject to regional haze rules, and who experience air quality and visibility concerns in certain environments (e.g., near national or state parks and other scenic areas).Secondary group/area affected- South Dakota state regulators and air quality program administrators, who would not have EPA approval of the proposed second-implementation-period plan and may need to operate under the existing plan or pursue alternative federal actions.- Industries and facilities in South Dakota that would be governed by the regional haze requirements (e.g., power plants, industrial facilities) since the rule’s disapproval could alter the timetable or stringency of required controls.Additional impacts- Environmental and visibility outcomes: If the EPA rule is blocked, the process and timeline for reducing visibility-impairing pollutants in the region could be slowed or altered, potentially affecting nearby federal lands, national parks, and wilderness areas that rely on regional haze improvements.- Federal-state-regulatory dynamics: This is an example of Congress using the CRA to block an agency rule, which can influence future regulatory actions and intergovernmental relations between federal and state programs.- Uncertainty and planning: Businesses, environmental groups, and local governments may face short-term regulatory uncertainty while legislative action is pending and until any new EPA action is taken.

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