Fedorchak introduces resolution to overturn Biden’s ‘Once-In-Always-In’ rule

Washington, D.C. – Congresswoman Julie Fedorchak (R-ND) introduced a resolution today to overturn the Biden administration’s burdensome Once-In-Always-In rule, which permanently classifies certain industrial facilities as “major sources” of hazardous air pollutants—even if they successfully reduce emissions below federal thresholds. The Environmental Protection Agency (EPA) finalized this rule in September 2024, reversing a Trump-era policy that allowed facilities to reclassify and reduce compliance costs. 

“The Biden administration’s decision to bring back the ‘Once-In-Always-In’ policy is a direct attack on North Dakota’s energy producers, manufacturers, and small businesses,” Fedorchak said. “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this heavy-handed rule penalizes facilities that work to reduce emissions and forces them to comply with costly, outdated regulations indefinitely. Repealing this rule helps ensure businesses are rewarded—not punished—for being good stewards of the environment.”  

The EPA’s September 2024 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 successfully reduce emissions. By permanently classifying facilities as “major sources” even after they cut emissions below the threshold, this rule discourages investment in cleaner technologies and imposes unnecessary regulatory burdens on American businesses. The Trump administration previously rescinded this policy in 2018, allowing facilities to reclassify and reduce compliance costs while continuing to improve air quality.  

“The United States has reduced emissions more than any other nation since 2005 while reaching record energy production levels. North Dakota is helping to lead the way in responsible energy development, and this rule does nothing but add more red tape and costs without real environmental benefits,” Fedorchak concluded. 

This resolution is cosponsored by Energy and Commerce Republican Members Rick Allen (R-GA) and Troy Balderson (R-OH) and 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 and signed into law, this resolution would nullify the EPA’s rule and prohibit the agency from issuing a similar regulation in the future without congressional approval.  

Jonathan Fortner, Interim President and CEO of the Lignite Energy Council, stated, “The Lignite Energy Council appreciates Congresswoman Fedorchak’s leadership in introducing this resolution to address the reinstatement of the ‘Once-In-Always-In’ policy. North Dakota’s energy producers have a long track record of environmental stewardship, with more than $2 billion invested in emissions control technologies. Our state remains one of only four in the nation that has never violated federal ambient air quality standards—a testament to that commitment. Rather than navigating costly and protracted regulatory challenges, our industry would prefer to focus on upgrading plant efficiencies and continuing to provide North Dakotans with the most affordable residential electricity in the country. We support policies that encourage innovation and continuous improvement—not those that discourage progress by imposing inflexible and unnecessary burdens.”  

The National Association of Manufacturers wrote in support, “Manufacturers are committed to the communities in which they live and serve, and are dedicated to protecting the health, safety and vibrancy of those communities. Unfortunately, the Biden administration sought to impose an unnecessarily burdensome regulation on manufacturers by reinstating the misguided 'once in, always in' principle for facilities covered by Section 112 of the Clean Air Act. The NAM applauds Rep. Fedorchak for introducing this Congressional Review Act resolution that will restore the first Trump administration’s interpretation of this policy, which provided regulatory certainty and incentives to manufacturers to be good stewards of the environment.” 

Earlier this month, Rep. Fedorchak voted in favor of three CRAs to overturn the Biden administration’s extreme energy and manufacturing regulations.  

CLICK HERE to read the resolution. 

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