Washington, D.C. – The U.S. Senate today passed legislation introduced by Senator John Curtis (R-UT) to overturn the Biden Administration’s Environmental Protection Agency (EPA) rule reestablishing the so-called “Once In, Always In” policy under the Clean Air Act. The resolution, passed by a simple majority vote, restores a pathway for emissions reductions to be recognized in regulatory classification—allowing chemical manufacturers, refineries, and energy producers to make environmental improvements without being penalized by permanent red tape.
“The rule put forward under the former Administration shut the door on progress. It told companies that no matter how much they invest to reduce harmful emissions, they would still be punished with permanent red tape,” said Senator Curtis. “That’s not good science, it’s not good governance, and it certainly isn’t good for the environment. My resolution restores a common-sense incentive: if you clean up, you get credit for it.”
Background:
The disapproved EPA rule, finalized in September 2024, prevents facilities that significantly reduce emissions of seven hazardous air pollutants from reclassifying as “area sources,” which would allow for less burdensome regulatory standards. Instead, under the reinstated “Once In, Always In” framework, companies remain permanently locked into stringent “major source” requirements, regardless of improvements or emission reductions.
Industry stakeholders and state environmental agencies have widely criticized the EPA rule as counterproductive. Groups ranging from the National Association of Manufacturers to the U.S. Chamber of Commerce have warned that the policy removes incentives for emissions reduction and imposes significant costs without measurable environmental benefit. Several state environmental quality departments also submitted formal objections during the public comment period.
By reinstating regulatory flexibility, Senator Curtis’ resolution encourages cleaner practices through innovation and investment—without forcing facilities to comply indefinitely with outdated, one-size-fits-all standards.
The full text of the resolution can be found here.
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