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SJRES 19119th CongressIn Committee

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)".

Introduced: Feb 13, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill is a joint resolution using the Congressional Review Act to disapprove a specific Environmental Protection Agency (EPA) rule. The rule in question is EPA’s Regulation Under the Toxic Substances Control Act (TSCA) for Trichloroethylene (TCE), published December 17, 2024 (Federal Register 89 Fed. Reg. 102568). If Congress passes and the President signs this joint resolution (or overrides a veto), the rule would have no force or effect. In practice, this means the EPA would not be able to implement or enforce the proposed TCE-related regulation as described in the disapproved rule, and the agency would likely be barred from reissuing the same rule in substantially the same form without new congressional action. The resolution was introduced in the Senate by Senator Kennedy on February 13, 2025, and has the effect of vetoing the EPA’s TSCA TCE regulation through the formal CRA disapproval process.

Key Points

  • 1This bill uses the Congressional Review Act to disapprove EPA’s December 2024 TSCA rule on Trichloroethylene (TCE), meaning the rule would have no legal effect if enacted.
  • 2The rule being disapproved is EPA’s TSCA regulation related to TCE, published in the Federal Register on December 17, 2024 (89 Fed. Reg. 102568).
  • 3Once disapproved, the EPA cannot enforce the rule and, under CRA provisions, cannot reissue the same rule in substantially the same form without legislative changes.
  • 4The measure relies on a fast-track process that bypasses traditional floor debates on the substantive rule itself, focusing instead on disapproval via joint resolution.
  • 5The bill’s sponsor is Senator Kennedy; it was introduced in the Senate on February 13, 2025 and referred to the Committee on Environment and Public Works.

Impact Areas

Primary- Environmental Protection Agency (EPA): The agency would cease to implement or enforce the specific TCE TSCA regulation if the disapproval is enacted.- Industries and entities handling TCE: Manufacturers, solvent users, and suppliers who would have been subject to the TSCA TCE rule would avoid compliance with the disapproved rule, at least for the form of regulation described in the rejected rule.Secondary- Workers and communities exposed to TCE: Potential changes in regulatory protections or exposure controls, depending on how the disapproval interacts with existing TSCA requirements and any subsequent rulemaking.- States and localities: State-level TSCA programs or state-specific restrictions that aligned with EPA’s rule may face uncertainty or need to reconsider their own compliance approaches.Additional impacts- Regulatory clarity and predictability: The disapproval creates a clear signal that Congress does not want the proposed regulation to take effect, which can affect planning and compliance strategies.- Future rulemaking possibilities: EPA could pursue a different approach to regulating TCE or revise the rule to address congressional concerns, but any new rule would require separate statutory and administrative steps.- Public health and environmental policy: Depending on the specifics of the disapproved rule, there may be implications for risk management of TCE exposure and the pace of protective measures under TSCA.
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