WASHINGTON — Utah Sen. John Curtis saw his first piece of legislation pass through the Senate on Thursday, a resolution to overturn a Biden-era Environmental Protection Agency rule.
This resolution that was introduced by Curtis in March would undo the rule finalized in September 2024 that reestablished the “Once In, Always In” policy under the Clean Air Act. After passing through the Senate, it will now go to the House.
“My resolution restores a common-sense incentive: If you clean up, you get credit for it,” Curtis said.
Curtis’ resolution allows manufacturers to ask to be reclassified by the EPA if they make improvements that lower their emissions. Curtis says getting rid of the rule eliminates red tape that penalizes chemical manufacturers, refineries and energy producers for making environmental improvements.
If the resolution passes, the EPA rule will be rolled back.
What rule is this resolution undoing?
The rule that Curtis seeks to undo prevents facilities that significantly reduce their emissions of seven hazardous pollutants from being reclassified as “area sources.”
“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,” Curtis said.
“That’s not good science, it’s not good governance, and it certainly isn’t good for the environment,” he added.
Under the “Once In, Always In” framework, these companies are locked into “major source” requirements, regardless of what improvements they make or their emission reductions.
According to a release from Curtis’ office, groups such as the U.S. Chamber of Commerce and the National Association of Manufacturers “warned that the policy removes incentives for emissions reduction and imposes significant costs without measurable environmental benefit,” per the release.
Several state environmental quality departments had submitted formal objections to the rule.
Those in favor of the rule say its reversal could lead to a large increase in pollution. A Biden-era EPA press release on the rule when it was changed said, “Ensuring facilities do not increase emissions of air toxics after being reclassified will help protect communities from air toxics. This proposal will continue to allow facilities to innovate and adopt new ways of reducing emissions of air toxics while maintaining emission reductions after reclassification.”
But Curtis says the rule disincentivized companies from investing in improvements. “By reinstating regulatory flexibility, Sen. Curtis’ resolution encourages cleaner practices through innovation and investment — without forcing facilities to comply indefinitely with outdated, one-size-fits-all standards,” the release said.
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