S.J. Res. 85 (119th)Bill Overview

Disapprove EPA "Commercial and Industrial Solid Waste Incineration Units:…

CRA DisapprovalEnvironmental Protection|Environmental Protection
Cosponsors
Support
Democratic
Introduced
Oct 1, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Environment and Public Works.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
CRA DisapprovalWhat this resolution actually does

This resolution uses the Congressional Review Act to overturn a federal agency rule. If Congress passes it and the President signs it, the named EPA rule is void and cannot take effect. The law also bars the agency from issuing a substantially similar rule later unless Congress enacts new authorizing legislation. This is the normal process for CRA disapproval of agency regulations.

Rule targeted

Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery (90 Fed. Reg. 41508 (August 26, 2025)).

Issuing agency

Environmental Protection Agency (EPA)

Passage rules

Under the Congressional Review Act, a disapproval joint resolution can be fast-tracked in the Senate with limited debate and is not subject to a filibuster, requiring a simple majority to pass; it must also pass the House and be presented to the President for signature or veto. If the President vetoes the resolution, Congress would need to override the veto to enact the disapproval.

This joint resolution, submitted under chapter 8 of title 5, United States Code (the Congressional Review Act), would disapprove and nullify an Environmental Protection Agency rule titled “Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery” (90 Fed.

Reg. 41508 (Aug. 26, 2025)).

If enacted, the resolution declares that the specified EPA rule "shall have no force or effect." The measure was introduced in the Senate and referred to the Committee on Environment and Public Works.

Passage40/100

On content alone this is a narrowly targeted CRA disapproval — administratively simple and focused — which makes it more achievable than broad, costly, or complex legislation. Its ultimate success hinges on whether a congressional majority favors overturning this particular EPA rule and on the executive branch response (signature or veto). The subject is ideologically salient enough to generate organized opposition from environmental and public-health stakeholders, which lowers the baseline probability versus a purely technical fix. The lack of compromise features and the binary nature of CRA disapproval (nullify vs. leave rule in effect) concentrate stakes and can polarize votes.

CredibilityAligned

Relative to its intended legislative type, this bill is a narrowly focused Congressional Review Act disapproval that precisely identifies the targeted rule and provides the operative legal statement voiding that rule. It omits explanatory findings, fiscal analysis, transitional provisions, and oversight language.

Contention70/100

Public health and environmental protections vs. regulatory burden and rapid disaster response.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Local governmentsFederal agencies · Local governments

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Local governmentsRemoves new federal compliance requirements for emergency and disaster-recovery incineration, reducing short-term regul…
  • Potential benefitPreserves operational flexibility and speed of disaster-response waste management by allowing continued use of temporar…
  • Local governmentsAvoids potential costs associated with installing monitoring equipment, retrofits, reporting systems, or changes to con…
Likely burdened
  • Federal agenciesEliminates a federal standard intended to limit emissions and set operating, monitoring, or permitting conditions for d…
  • Local governmentsWeakens EPA’s ability to set nationwide, consistent environmental safeguards for air quality and solid-waste incinerati…
  • Potential burdenCould reduce public accountability and monitoring (depending on the rule’s specific requirements), making it harder to…
03 · Why people split

Why the argument around this bill splits.

Public health and environmental protections vs. regulatory burden and rapid disaster response.
Progressive10%

A mainstream liberal would likely oppose this resolution because it nullifies an EPA rule that addresses emissions and operation of temporary and air curtain incinerators used in disaster recovery — technologies that can cause air pollution and public-health harms if unregulated.

They would view congressional disapproval as a rollback of environmental and public-health protections, with particular concern for low-income and frontline communities near disaster debris sites.

They might acknowledge the need for rapid disaster debris management but would emphasize that speed should not come at the cost of weaker emissions safeguards.

Likely resistant
Centrist50%

A centrist/moderate would weigh the tradeoffs between protecting public health and avoiding regulatory impediments to disaster response.

They would be concerned about both any burdens that meaningfully slow debris removal and any erosion of health and environmental safeguards.

Their view would depend heavily on the specific regulatory requirements in the EPA rule; without those specifics they would be cautious and likely seek targeted fixes rather than a blanket nullification.

Split reaction
Conservative85%

A mainstream conservative would generally favor this resolution because it removes an EPA rule that may be perceived as regulatory overreach affecting disaster recovery operations.

They would emphasize the importance of enabling fast, flexible local and state responses to disasters without burdensome federal constraints.

They would also view congressional disapproval under the CRA as appropriate oversight of executive-branch rulemaking.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

On content alone this is a narrowly targeted CRA disapproval — administratively simple and focused — which makes it more achievable than broad, costly, or complex legislation. Its ultimate success hinges on whether a congressional majority favors overturning this particular EPA rule and on the executive branch response (signature or veto). The subject is ideologically salient enough to generate organized opposition from environmental and public-health stakeholders, which lowers the baseline probability versus a purely technical fix. The lack of compromise features and the binary nature of CRA disapproval (nullify vs. leave rule in effect) concentrate stakes and can polarize votes.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Which members of Congress and coalitions of stakeholders (industry, state/local governments, environmental and public-health groups) actively support or oppose disapproval — the bill text gives no indication of stakeholder reactions or lobbying strength.
  • Whether the EPA rule is designated a "major rule" or has other legal attributes that affect the political debate (the resolution cites the Federal Register entry but the bill text provides no cost/benefit or health/risk findings).
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Public health and environmental protections vs. regulatory burden and rapid disaster response.

On content alone this is a narrowly targeted CRA disapproval — administratively simple and focused — which makes it more achievable than br…

Unlocked analysis

Relative to its intended legislative type, this bill is a narrowly focused Congressional Review Act disapproval that precisely identifies the targeted rule and provides the operative legal statement voiding that rule. I…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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