PolicyBrief
S.J.RES. 19
119th CongressFeb 13th 2025
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)".
IN COMMITTEE

This resolution disapproves and nullifies the Environmental Protection Agency's rule regarding Trichloroethylene (TCE) regulation under the Toxic Substances Control Act.

John Kennedy
R

John Kennedy

Senator

LA

LEGISLATION

Congress Nixes EPA's New TCE Rule: Chemical Regulations Rolled Back

This joint resolution throws out the Environmental Protection Agency's (EPA) recent rule on Trichloroethylene (TCE), a chemical regulated under the Toxic Substances Control Act (TSCA). The EPA's rule, published on page 102568 of Volume 89 of the Federal Register, aimed to tighten restrictions on TCE. By disapproving this rule, Congress effectively makes it null and void.

EPA Rule on Ice

The now-invalidated EPA rule was designed to control the use and handling of TCE, a known toxic substance. The rule's specifics, found in the Federal Register, likely included restrictions on industrial use, disposal protocols, and potentially even workplace safety standards. With this resolution, those protections are gone. For example, a factory that uses TCE in its manufacturing process would have faced stricter regulations under the EPA rule – potentially requiring costly upgrades to equipment or changes to processes. Now, they won't have to make those changes.

Real-World Repercussions

Trichloroethylene is no joke – it's a serious chemical with known health risks. The EPA's original rule was likely put in place to protect workers and the public from exposure. Think about a dry cleaner using TCE – the EPA rule might have limited how much they could use or required specific ventilation systems. Without those rules, there's potentially a greater risk to employees and even nearby residents. The specific details of the EPA's nixed regulations can be found in the Federal Register (Vol. 89, page 102568). This move also affects the broader framework of the Toxic Substances Control Act. By overturning an EPA rule made under TSCA, Congress is setting a precedent that could impact how other chemicals are regulated in the future.

Challenges Down the Line

One challenge is that the resolution doesn’t offer an alternative. It simply removes the EPA rule which leaves a regulatory vacuum. This means businesses that use TCE are left in a state of uncertainty, without clear guidance on how to handle the substance safely. It also raises a bigger question about how much oversight Congress should have on expert agencies like the EPA. The EPA bases its rules on scientific assessments of risk – by overturning this rule, Congress is potentially prioritizing other factors, like the cost of compliance for businesses, over those scientific findings.