Congress Nixes EPA Rule on Toxic Chemical TCE: Looser Regulations Could Increase Exposure Risks

This bill throws out the Environmental Protection Agency's (EPA) recent rule on Trichloroethylene (TCE), a chemical known to be harmful, which was regulated under the Toxic Substances Control Act (TSCA). The EPA's rule (89 Fed. Reg. 102568) is now officially dead in the water, meaning there are effectively fewer restrictions on this substance.

What Just Happened?

The core of this bill is a straight-up disapproval of the EPA's attempt to control TCE. By invoking Chapter 8 of Title 5 of the U.S. Code, Congress has the power to review and reject new federal regulations. This bill uses that power to kill the TCE rule, preventing it from taking effect. No ifs, ands, or buts – the regulation is invalidated.

Real-World Rollback

What does this mean for regular folks? TCE is used in various industries, including manufacturing and some cleaning products. For workers in factories or anyone using products that contain TCE, this could mean a higher risk of exposure. Think of a mechanic using a degreaser with TCE, or a factory worker handling materials processed with it—less regulation could mean more TCE in their immediate environment. And given that TCE is linked to health problems, that's a potential issue.

The Bigger Picture and Challenges

This move raises some big questions. While Congress can overturn agency rules, should they when it comes to chemicals known to be toxic? The EPA's job is to protect human health and the environment, and they usually base their rules on scientific research. Overturning that based on a congressional vote could set a precedent – what other science-backed regulations might be on the chopping block? It also creates a challenge for businesses. Companies that were preparing to comply with the new, stricter TCE rules are now in limbo. Do they invest in safer alternatives, or do they stick with TCE because it's now less regulated (and possibly cheaper)?

This is not just about TCE. It's about how we, as a country, balance economic interests with protecting people and the environment. If Congress can easily overturn rules made by expert agencies, it might make it harder to manage risks from other toxic substances in the future. It also ties into existing laws like the Toxic Substances Control Act, which is supposed to give the EPA the authority to regulate these chemicals. If Congress starts regularly overruling the EPA, that authority is weakened.