HJRES 46119th CongressIn Committee

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)".

Introduced: Feb 12, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This joint resolution uses the Congressional Review Act’s disapproval mechanism to block (disapprove) a specific Environmental Protection Agency rule. The rule in question would revise how the Toxic Substances Control Act (TSCA) regulates certain persistent, bioaccumulative, and toxic chemicals, specifically decabromodiphenyl ether (DecaBDE) and phenol, isopropylated phosphate (3:1). If Congress passes and (where applicable) the President signs it or Congress overrides a veto, the rule would have no force or effect and could not take effect. In practice, this means EPA cannot implement the updated rule and would remain under the pre-existing regulatory framework for these chemicals.

Key Points

1It is a congressional disapproval (via the Congressional Review Act) of a specific EPA rule, not a general rejection of EPA authority or TSCA regulation.
2The targeted rule is EPA’s November 19, 2024 publication: “Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)” (Federal Register 89 Fed. Reg. 91486).
3If enacted, the rule “shall have no force or effect,” meaning it cannot be implemented or enforced.
4The action would effectively preserve the prior regulatory framework for these chemicals, rather than the EPA’s proposed revisions.
5Status: Introduced in the House on February 12, 2025, sponsored by Mr. Clyde and referred to the Committee on Energy and Commerce.

Impact Areas

Primary: Environmental protection regulators and policy implementation at the EPA; chemical manufacturers and downstream users of DecaBDE and IPP (3:1) affected by TSCA regulations.Secondary: State and local regulators who rely on federal TSCA guidance for chemical risk management; environmental and public health advocacy groups monitoring chemical safety.Additional impacts: Potential shifts in compliance costs and corporate planning for manufacturers of flame retardants; potential legal and regulatory uncertainty if other related rules or TSCA provisions are pursued or revived in different contexts.

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