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Wednesday, September 10, 2025

Resolution to overturn 'Once-In-Always-In' rule passes House

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Julie Fedorchak Congresswoman | Official Website

Julie Fedorchak Congresswoman | Official Website

The U.S. House of Representatives has passed a resolution to overturn the Biden administration's reinstatement of the "Once-In-Always-In" rule, which permanently classifies certain industrial facilities as major sources of hazardous air pollutants. The resolution, S.J. Res. 31, was sponsored by Senator John Curtis (R-UT) and led in the House by Congresswoman Julie Fedorchak (R-ND). It passed with a narrow vote of 216-212.

"This legislation is a win for American energy, innovation, and environmental stewardship," Fedorchak stated. She emphasized that businesses investing in cleaner technology should not be permanently labeled as major polluters and that this resolution provides incentives for facilities to reclassify after making significant progress in reducing emissions.

The Environmental Protection Agency's September 2024 rule eliminated flexibility for industries that reduced emissions, maintaining their classification as major sources regardless of improvements made. This rule was previously rescinded by the Trump administration in 2018.

Chairman Guthrie expressed support for the passage of S.J. Res. 31, stating that it supports American businesses working to decrease emissions and pollution while criticizing the Biden-Harris Administration's reinstatement of the rule as punitive towards businesses investing in cleaner technologies.

Chairwoman McClain also supported rolling back the rule to allow manufacturers more flexibility without being locked into burdensome regulations based on past performance. Chairman LaMalfa added that overturning such regulations is crucial for supporting rural economies and encouraging American manufacturing and energy production.

Jonathan Fortner, Interim President and CEO of the Lignite Energy Council, praised Congresswoman Fedorchak's leadership on this issue, highlighting North Dakota’s investments in emissions control technologies and its track record of environmental stewardship.

The National Association of Manufacturers expressed support for Fedorchak's resolution, emphasizing their commitment to community health and safety while criticizing the Biden administration's regulation as unnecessarily burdensome.

Having passed both chambers of Congress, the resolution now awaits President Trump's signature to become law.

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