Central ND News

Congresswoman Julie Fedorchak (R-ND) has introduced a resolution aimed at overturning the Biden administration's "Once-In-Always-In" rule. This regulation, finalized by the Environmental Protection Agency (EPA) in September 2024, classifies certain industrial facilities as "major sources" of hazardous air pollutants permanently, even if they manage to reduce emissions below federal thresholds.

Fedorchak criticized the rule as a direct attack on North Dakota's energy producers, manufacturers, and small businesses. She stated, “Facilities that make significant investments to reduce emissions should have the ability to reclassify. Instead, this heavy-handed rule penalizes facilities that work to reduce emissions and forces them to comply with costly, outdated regulations indefinitely.”

The current EPA rule removes flexibility for industries by maintaining major source status for facilities that cut emissions below specified levels. Fedorchak argues this discourages investment in cleaner technologies and imposes unnecessary regulatory burdens. The Trump administration had previously rescinded this policy in 2018.

“The United States has reduced emissions more than any other nation since 2005 while reaching record energy production levels," Fedorchak noted. She believes North Dakota is leading in responsible energy development and described the rule as adding unnecessary costs without real environmental benefits.

This resolution is cosponsored by Energy and Commerce Republican Members Rick Allen (R-GA) and Troy Balderson (R-OH). It is introduced under the Congressional Review Act (CRA), allowing Congress to overturn federal regulations within a specific timeframe. If passed into law, it would nullify the EPA’s rule and prevent similar future regulations without congressional approval.

Jonathan Fortner from the Lignite Energy Council expressed support for Fedorchak’s initiative. He emphasized North Dakota's commitment to environmental stewardship through substantial investments in emission control technologies. Fortner highlighted that rather than facing regulatory challenges, their industry prefers focusing on improving plant efficiencies.

The National Association of Manufacturers also supports this resolution. They stated: “Manufacturers are committed to protecting health and safety... The NAM applauds Rep. Fedorchak for introducing this Congressional Review Act resolution.”

Earlier this month, Rep. Fedorchak supported three CRA votes against what she considers extreme energy and manufacturing regulations from the Biden administration.