H.J. Res. 61

Floor Speech

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Mrs. CAPITO. Mr. President, I rise to discuss my support for H.J. Res. 61, a joint resolution of disapproval under the Congressional Review Act to repeal the Environmental Protection Agency's misguided National Emission Standards for Hazardous Air Pollutants, NESHAP, for Rubber Tire Manufacturing.

On May 6, 2025, I voted in favor of this resolution of disapproval. I did so because this rule is fundamentally flawed and does not reflect the intent of section 112 of the Clean Air Act. For example, the EPA's own risk review for the previous rubber tire NESHAP found that this new rule was unnecessary to protect public health and the environment, and the EPA was unable to quantify any public health benefits from this rule. In fact, the EPA was only able to quantify public health disbenefits from the rule.

This rule, like many other NESHAPs promulgated under the previous administration, was done to address the DC Circuit's decision in Louisiana Environmental Action Network v. EPA. Many of these other NESHAPs were also found to be unnecessary during the EPA's risk review. In analyzing the impacts of these other rules, the EPA was unable to quantify any associated public health benefits and concluded they could shut down facilities or impose public health disbenefits on Americans. These rules, while regulating different source categories, were promulgated under the same legal authority.

This application of section 112 of the Clean Air Act runs contrary to congressional intent. Section 112 of the Clean Air Act was enacted to protect public health and the environment. It was not enacted to promulgate costly, unnecessary regulations that do not protect public health and the environment or to write rules that have no public health benefits.

The EPA has announced it will reconsider the integrated iron and steel NESHAP, the coke ovens NESHAP, the lime manufacturing NESHAP, and many other NESHAPs promulgated under the same legal authority. I applaud EPA Administrator Zeldin for his efforts to fix these flawed rules that are inconsistent with the law, just like the NESHAP for rubber tire manufacturing.

I am proud to have supported H.J. Res. 61.

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