H.J.Res.27 - 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). (119th Congress)
Summary
H.J.Res.27 is a joint resolution introduced in the House of Representatives aiming to disapprove a final rule issued by the Environmental Protection Agency (EPA) concerning Trichloroethylene (TCE) regulation under the Toxic Substances Control Act (TSCA). The resolution specifically targets the rule published in the Federal Register (89 Fed. Reg. 102568) on December 17, 2024.
The resolution seeks to nullify the EPA's rule, preventing it from having any legal force or effect. This action is pursued under chapter 8 of title 5, United States Code, which provides a mechanism for congressional review and disapproval of agency rules.
The bill was introduced by Mrs. Harshbarger and Mrs. Miller-Meeks and referred to the Committee on Energy and Commerce.
Expected Effects
If enacted, H.J.Res.27 would prevent the EPA's rule regarding TCE regulation under TSCA from taking effect. This would mean that the specific regulatory measures outlined in the disapproved rule would not be implemented.
The practical impact would depend on the content of the EPA rule. It could lead to a continuation of existing regulations or a lack of specific controls on TCE, potentially affecting environmental and public health outcomes.
Industries using TCE might experience less stringent regulatory requirements, while environmental groups and public health advocates might express concerns about potential risks associated with continued TCE exposure.
Potential Benefits
- Reduced regulatory burden: Businesses potentially benefit from avoiding compliance costs associated with the EPA rule.
- Potential for economic growth: Industries using TCE might experience increased competitiveness due to reduced operational expenses.
- Congressional oversight: Affirms Congress's role in checking executive agency actions, ensuring accountability.
- Flexibility for businesses: Allows businesses to operate under existing regulations, avoiding disruption from new rules.
- Focus on alternative solutions: Could spur innovation in finding alternative, less regulated substances or processes.
Most Benefited Areas:
Potential Disadvantages
- Environmental risks: Disapproval of the rule could lead to increased TCE exposure, potentially harming ecosystems and wildlife.
- Public health concerns: Reduced regulation of TCE could increase health risks for communities near industrial sites or those exposed to TCE through other pathways.
- Weakened environmental protection: Undermines efforts to regulate toxic substances and protect public health through TSCA.
- Increased healthcare costs: Potential health issues arising from TCE exposure could increase healthcare burdens on individuals and the healthcare system.
- Damage to international standing: Could be perceived as a weakening of US commitment to environmental protection and international agreements.
Constitutional Alignment
The resolution is an exercise of Congress's legislative powers, as granted by Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act (chapter 8 of title 5, U.S. Code) provides a statutory mechanism for Congress to review and disapprove agency rules, which is the basis for this resolution.
By disapproving the EPA's rule, Congress is asserting its authority to oversee and check the actions of executive agencies. This aligns with the principle of separation of powers and the system of checks and balances embedded in the Constitution.
However, the constitutionality of the Congressional Review Act itself has been debated, particularly concerning its potential to circumvent the President's veto power. The resolution itself does not directly implicate any specific constitutional rights or amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).