PolicyBrief
H.J.RES. 46
119th CongressFeb 12th 2025
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)".
IN COMMITTEE

This bill disapproves and nullifies the Environmental Protection Agency's rule revising regulations on Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1) under the Toxic Substances Control Act.

Andrew Clyde
R

Andrew Clyde

Representative

GA-9

LEGISLATION

Congress Moves to Scrap EPA Chemical Regulations: Could Expose Public to Toxins

This bill straight-up disapproves a recent EPA rule that was set to regulate two nasty chemicals: Decabromodiphenyl Ether (decaBDE) and Phenol, Isopropylated Phosphate (3:1), or PIP (3:1). These chemicals are persistent, bioaccumulative, and toxic—meaning they stick around in the environment and build up in our bodies. The original EPA rule, published on January 6, 2021, and revised on December 20, 2024, aimed to tighten controls under the Toxic Substances Control Act (TSCA).

Nixing the EPA Rule

The main action here is the nullification of EPA's regulation efforts (89 Fed. Reg. 91486). By using the Congressional Review Act (chapter 8 of title 5, U.S. Code), Congress is moving to invalidate the rule. This isn't just a procedural hiccup; it means the protections the EPA wanted to put in place are now on the chopping block.

Real-World Fallout

Let's break down what this could mean for everyday life:

  • Workplace Exposure: Think about folks working in manufacturing or recycling. DecaBDE is a flame retardant often found in electronics, textiles, and plastics. PIP (3:1) is used as a plasticizer and flame retardant in various products, including PVC pipes, cables, and even some consumer electronics. Without these regulations, workers handling these materials could face higher exposure risks.
  • Environmental Contamination: These chemicals don't just disappear. They can leach into the soil and water. For example, if you're living near an industrial area or a landfill where these chemicals are present, the rollback could mean increased contamination levels, affecting local ecosystems and potentially impacting human health through water and food sources.
  • Consumer Products: These chemicals are in a lot of everyday items. Without strict regulation, they could remain in products at higher levels, leading to prolonged exposure for everyone, from office workers using electronics to kids playing with toys. It's a subtle but pervasive risk.

The Bigger Picture

This move has broader implications. It sets a precedent where Congress can easily overturn environmental regulations, potentially weakening the EPA's authority. This isn’t just about these two chemicals; it's about how much power regulatory agencies have to protect public health and the environment. The challenge here is balancing industrial interests with public safety. It is a lot easier and cheaper to manufacture these products if the regulations are loosened or removed.

While some might argue that less regulation could lead to innovation, the immediate impact is clear: potential increased exposure to toxic substances for workers, communities, and consumers. This bill essentially puts the brakes on efforts to control these chemicals, raising serious questions about long-term health and environmental impacts. The EPA's ability to regulate and enforce is directly challenged, and that's a big deal for anyone who cares about clean air, clean water, and safe products.