Chairman Capito Votes to Repeal Biden-Era Rule Prohibiting Reclassification of Major Sources

To watch Chairman Capito’s floor remarks, click here or the image above.

WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, voted to overturn the Biden Environmental Protection Agency’s (EPA) Review of Final Rule Reclassification of Major Sources as Area Sources. This rule would prohibit many industries critical to our country’s economic and national security from reclassifying as Area Sources and discourage efforts to reduce emissions. The Senate approved the Congressional Review Act (CRA) joint resolution of disapproval, which was introduced by U.S. Senator John Curtis (R-Utah) and co-sponsored by Chairman Capito, by a vote of 52-46.

Prior to the final vote on the CRA, Chairman Capito delivered remarks on the Senate floor detailing the importance of approving this resolution and returning to the rule in place under President Trump’s first Administration that encouraged industries to reduce emissions without increasing regulatory burdens.

Below are the floor remarks of Chairman Shelley Moore Capito (R-W.Va.) as delivered.

“I rise today in support of my friend from Utah, Senator Curtis, and his Congressional Review Act resolution to overturn the Biden Environmental Protection Agency’s Review of Final Rule Reclassification of Major Sources as Area Sources.

“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.

“The good news is, every member of this chamber now has the opportunity to right this wrong and reinstate the rule in place before that which allowed for reclassification of these sources.

“The former rule, which was put into place by President Trump’s first Administration, encourages industries to take proactive steps to reduce emissions without increasing regulatory burdens. And the results during President Trump’s first term were overwhelmingly clear, source reclassification reduces hazardous air pollution in our communities.

“We need to take every opportunity available to right size regulatory requirements prohibiting our ability to revitalize American manufacturing and achieve energy dominance, while taking steps that reduce emissions through innovative technologies that I have advocated alongside my colleagues across both aisles of this chamber.

“We need to remember that our manufacturing, energy, and environmental policies do not need to be at odds with one another. A robust manufacturing sector, energy reliability, and a clean environment are not mutually exclusive.

“So, I’m proud to join in this effort alongside Senator Curtis, my colleague on the Environment and Public Works Committee. This is an opportunity to return to some common-sense environmental quality and policy, and I encourage my colleagues to join us in supporting this resolution.

“With that, I yield the floor.”

 

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