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)".

Bill Number

H.J.Res. 46

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

2025-04-07T22:49:57Z

AI-Generated Summary

Purpose

This joint resolution (H.J. Res. 46) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). TSCA is a federal law that regulates chemicals to protect human health and the environment. The resolution uses the Congressional Review Act (CRA), a process allowing Congress to overturn agency rules, to prevent the EPA's rule from taking effect.

Key Provisions

• Disapproval of the EPA Rule: The resolution explicitly disapproves the EPA's rule titled "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)" (published in the Federal Register on November 19, 2024).
• Nullification: Once passed, the rule would have no legal force or effect, meaning the EPA cannot enforce it.
• Referral: The resolution was 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 TSCA or the CRA directly but invokes the CRA to override the EPA's recent regulatory update.
• The targeted EPA rule revises prior restrictions on two chemicals: Decabromodiphenyl Ether (decaBDE, a flame retardant used in plastics and textiles) and Phenol, Isopropylated Phosphate (3:1) (PIP (3:1), another flame retardant used in electronics and building materials). These are classified as persistent, bioaccumulative, and toxic (PBT) chemicals, which linger in the environment, build up in organisms, and pose health risks.
• If approved, it would block the EPA's revisions, potentially maintaining or reverting to earlier, less stringent controls on these chemicals' production, import, and use.

Potential Impacts

• On Government Agencies: Limits the EPA's ability to implement updated chemical safety regulations, potentially requiring the agency to redirect resources to alternative compliance or risk assessment efforts.
• On Citizens: Could affect public health and environmental protections by allowing continued use of these potentially harmful chemicals in consumer products, increasing exposure risks (e.g., through flame-retardant furniture or electronics). Conversely, it might reduce regulatory costs passed on to consumers.
• On International Relations: Minimal direct impact, though it could influence U.S. alignment with global chemical safety standards (e.g., under treaties like the Stockholm Convention on persistent organic pollutants, where decaBDE is restricted).
• Broader economic effects might include lower compliance costs for industries but potential long-term cleanup or health costs if environmental risks persist.

Main Stakeholders Affected

• Chemical Manufacturers and Importers: Companies producing or using decaBDE and PIP (3:1) would benefit from avoided restrictions, reducing operational costs.
• Environmental and Health Advocacy Groups: Organizations focused on pollution and toxicology (e.g., those pushing for stricter TSCA enforcement) may oppose the resolution, as it weakens protections against PBT chemicals.
• Consumers and Workers: Individuals exposed to these chemicals in everyday products or workplaces could face higher risks without the EPA's revisions.
• EPA and Regulated Industries: The agency loses rulemaking authority on this issue, while industries like plastics, textiles, and electronics gain flexibility.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on the CRA (chapter 8 of title 5, U.S. Code), which requires simple majorities in Congress and presidential signature (or veto override) to nullify rules submitted within 60 legislative days. This upholds Congress's oversight of executive agencies but could face challenges if seen as undermining delegated authority under TSCA.
• Constitutional: Reinforces the separation of powers by allowing legislative checks on administrative actions, aligning with Article I's grant of lawmaking to Congress.
• Political: Demonstrates partisan dynamics in environmental regulation, as CRA disapprovals often occur along party lines (e.g., a Republican-led Congress targeting rules from a prior administration). It sets a precedent for rapid reversal of agency actions, potentially encouraging more frequent use of the CRA for controversial rules.

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 "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)". — issued 2025-02-12 — PDF (2 pages)