Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels".

Bill Number

H.J.Res. 45

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-02-12: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-02-14T14:20:51Z

AI-Generated Summary

Purpose

This joint resolution (H.J. Res. 45) aims to block a specific rule proposed by the Environmental Protection Agency (EPA) under the Congressional Review Act (CRA). The CRA is a law that lets Congress review and potentially overturn recent federal agency rules to prevent them from going into effect.

Key Provisions

• Disapproval of EPA Rule: The resolution formally disapproves the EPA's rule titled "Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels," published in the Federal Register on November 12, 2024 (89 Fed. Reg. 89416).
• No Force or Effect: If passed, the rule would be nullified and could not be enforced by the EPA.
• Submission and Referral: Introduced in the House of Representatives on February 12, 2025, by Representative Clyde and referred to the House Committee on Energy and Commerce for review.

Significant Changes to Existing Law

• This resolution does not amend broader laws but targets a specific EPA update to lead dust standards under the Toxic Substances Control Act (TSCA). The EPA rule would have lowered allowable levels of lead dust in homes (a "hazard standard") and set stricter cleanup requirements after lead abatement (removal or reduction of lead hazards).
• By disapproving it, the resolution maintains the prior, higher dust-lead thresholds (established in 2001), preventing the EPA from implementing tougher protections without further congressional approval.

Potential Impacts

• On Government Agencies: Limits the EPA's authority to update environmental health standards, potentially requiring the agency to redirect resources to defending or revising the rule.
• On Citizens: Delays stricter protections against lead exposure, which can harm children's brain development and cause long-term health issues. Families in older homes with lead paint may face ongoing risks if abatement standards remain less rigorous.
• On Industries and Economy: Benefits the housing renovation, real estate, and construction sectors by avoiding higher compliance costs for lead testing and cleanup, but could increase public health burdens like medical costs from lead poisoning.
• International Relations: Minimal direct impact, though it may signal U.S. policy shifts on environmental regulations, affecting global discussions on hazardous materials.

Main Stakeholders Affected

• Environmental Protection Agency (EPA): Directly challenged, as it loses the ability to enforce the new rule.
• Congress: Exercises oversight via the CRA, with the House Committee on Energy and Commerce playing a key role in advancement.
• Public Health Advocates and At-Risk Populations: Includes families, children, and communities in lead-contaminated areas (often low-income or urban), who may see delayed protections.
• Housing and Abatement Industries: Professionals involved in lead removal benefit from unchanged, less stringent clearance levels, reducing operational costs.
• State and Local Governments: May need to adjust their own lead safety programs to align with federal standards.

Notable Legal, Constitutional, or Political Implications

• Legal: Invokes Chapter 8 of Title 5, U.S. Code (the CRA), a streamlined process for Congress to veto agency actions within 60 legislative days of submission. If enacted, it prevents the rule from being reissued in "substantially similar" form without new legislation, strengthening congressional checks on executive rulemaking.
• Constitutional: Reinforces the separation of powers by allowing the legislative branch to override executive agency decisions, upholding Congress's role in lawmaking on public health and safety.
• Political: As an introduced resolution in the 119th Congress, it reflects partisan divides on environmental regulation; disapproval could highlight tensions between regulatory expansion and economic concerns, potentially influencing future EPA policies under varying administrations.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Clyde, Andrew S. [R-GA-9]

Recent Actions

• 2025-02-12: Referred to the House Committee on Energy and Commerce.
• 2025-02-12: Introduced in House
• 2025-02-12: Introduced in House

Bill Versions

• Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels". — issued 2025-02-12 — PDF (2 pages)