Congresswoman Julie Fedorchak has introduced a resolution to overturn the Biden administration’s “Once-In-Always-In” rule. This rule, finalized by the Environmental Protection Agency (EPA) in September 2024, permanently classifies certain industrial facilities as “major sources” of hazardous air pollutants, even if they reduce emissions below federal thresholds. The rule reverses a Trump-era policy that allowed facilities to reclassify and reduce compliance costs.
Fedorchak criticized the policy, stating it is “a direct attack on North Dakota’s energy producers, manufacturers, and small businesses.” She argued that facilities making significant investments to reduce emissions should be able to reclassify and not be penalized with costly regulations indefinitely. Repealing this rule would ensure businesses are rewarded for environmental stewardship.
The EPA’s rule titled “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” eliminates flexibility for industries that reduce emissions. It discourages investment in cleaner technologies and imposes regulatory burdens on American businesses. The Trump administration had rescinded this policy in 2018.
Fedorchak noted that “the United States has reduced emissions more than any other nation since 2005 while reaching record energy production levels.” She emphasized North Dakota’s role in responsible energy development and criticized the rule for adding unnecessary costs without real environmental benefits.
The resolution is cosponsored by Energy and Commerce Republican Members Rick Allen and Troy Balderson. It is being introduced under the Congressional Review Act (CRA), which allows Congress to overturn federal regulations within the last 60 legislative days of an administration. If passed, it would nullify the EPA’s rule and prohibit similar future regulations without congressional approval.
Jonathan Fortner, Interim President and CEO of the Lignite Energy Council, expressed support for Fedorchak’s resolution. He highlighted North Dakota’s track record of environmental stewardship with over $2 billion invested in emissions control technologies. Fortner stated that rather than facing regulatory challenges, the industry prefers focusing on plant efficiencies and providing affordable electricity.
The National Association of Manufacturers also supported Fedorchak’s resolution. They praised her efforts to restore regulatory certainty and incentives for manufacturers to be environmentally responsible.
Earlier this month, Rep. Fedorchak voted in favor of three CRAs aimed at overturning what she described as extreme energy and manufacturing regulations from the Biden administration.
