Fedorchak’s resolution to overturn burdensome ‘Once-In-Always-In’ rule heads to President Trump’s desk

Washington, D.C. – The U.S. House of Representatives today passed the Senate version of Congresswoman Julie Fedorchak’s (R-ND) resolution to overturn the Biden administration’s reinstatement of the burdensome ‘Once-In-Always-In’ rule, which permanently classifies certain industrial facilities as “major sources” of hazardous air pollutants even if they take significant steps to reduce emissions below federal thresholds. S.J. Res. 31, sponsored by Senator John Curtis (R-UT) and led in the House by Fedorchak, passed by a 216-212 vote.  

“This legislation is a win for American energy, innovation, and environmental stewardship. Right now, businesses that invest in cleaner technology and significantly reduce their emissions are still permanently labeled as major polluters. That makes no sense—and it removes any real incentive to improve,” Fedorchak said. “Our resolution fixes that by allowing facilities to reclassify once they’ve made meaningful progress. It rewards innovation, encourages continued investment in emissions reduction, and strengthens our economy by giving energy producers and manufacturers the certainty they need to grow, compete, and lead. I’m honored to have my first resolution pass the House and look forward to President Trump signing it into law.” 

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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 The Trump administration previously rescinded this policy in 2018, allowing facilities to reclassify and reduce compliance costs while continuing to improve air quality.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 passage of S.J. Res. 31 is essential to supporting American businesses who have worked to decrease emissions, and lower pollution,” Chairman Guthrie said. “The ‘Once-in, Always-in’ rule that was brought back under Biden-Harris Administration unfairly punishes businesses who have made investments in cleaner technologies. Repealing this backward rule is part of our work to unleash American energy and ensure that government red tape does not stand in the way of creating jobs and growing our economy. Thank you to Congresswoman Fedorchak for your work on this resolution.”  

“This rule punishes progress. Manufacturers who make their operations more efficient and reduce emissions should be rewarded, not locked into burdensome regulations based on past performance,” Chairwoman McClain said. “I’m proud to roll back this rule and ensure businesses have the flexibility to innovate without fear of perpetually being punished.”

“A major focus of the Western Caucus is overturning excessive regulations that harm rural economies,” Chairman LaMalfa said. “The Biden Administration’s ‘Once-In, Always-In’ rule ignored the investments and actions taken by industries to reduce their emissions and rewarded their good-faith efforts instead with a permanent, stringent regulatory regime. Eliminating this rule will restore incentives to reduce industrial emissions where possible and tear down red tape discouraging American manufacturing and energy production.”

Jonathan Fortner, Interim President and CEO of the Lignite Energy Council, stated, “The Lignite Energy Council appreciates Congresswoman Fedorchak’s leadership 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.” 

The resolution passed the Senate earlier this month and now heads to President Trump’s desk for signature. 

CLICK HERE to watch Fedorchak’s speech on the House Floor.  

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