[Congressional Record Volume 171, Number 96 (Thursday, June 5, 2025)]
[Senate]
[Page S3252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              H.J. RES. 61

  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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