S.jres19 - 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
This document is a joint resolution introduced in the Senate to disapprove a rule issued by the Environmental Protection Agency (EPA) regarding Trichloroethylene (TCE) regulation under the Toxic Substances Control Act (TSCA). The resolution specifically targets the rule published in the Federal Register on December 17, 2024. The resolution aims to nullify the EPA's rule, preventing it from taking effect.
The joint resolution leverages Chapter 8 of Title 5 of the United States Code, which provides a mechanism for Congress to review and disapprove agency rules. This is a check on the executive branch's regulatory power.
If passed, the resolution would effectively block the EPA's TCE regulation, requiring the agency to potentially revise its approach or seek further congressional authorization.
Expected Effects
If the resolution passes, the EPA's rule regarding TCE regulation under TSCA will be invalidated. This means the specific regulations outlined in the rule will not be enforced.
Businesses and industries that would have been affected by the EPA rule will not be subject to those regulations, at least for the time being. The EPA would need to either create a new rule or justify the old rule to Congress.
The environmental and public health impacts of TCE exposure may continue without the additional protections the EPA rule intended to provide.
Potential Benefits
- Reduced regulatory burden on businesses that use or produce TCE, potentially lowering compliance costs.
- Prevents potential economic disruptions that the EPA rule might have caused.
- Allows Congress to exert its oversight role in environmental regulation.
- Could lead to a more balanced or carefully considered approach to TCE regulation if the EPA is forced to revise its rule.
- May spur a more thorough cost-benefit analysis of TCE regulation.
Most Benefited Areas:
Potential Disadvantages
- Potential for continued or increased environmental and public health risks associated with TCE exposure due to the lack of regulation.
- Undermines the EPA's authority and expertise in regulating toxic substances.
- Creates uncertainty for businesses and the public regarding TCE regulation.
- May lead to legal challenges and further delays in addressing TCE risks.
- Could be perceived as prioritizing economic interests over environmental and public health concerns.
Most Disadvantaged Areas:
Constitutional Alignment
The resolution is aligned with the US Constitution, specifically Article I, Section 1, which vests legislative powers in Congress. The Congressional Review Act, under which this resolution is filed, is a mechanism for Congress to check the power of the executive branch and its agencies, ensuring that regulations are consistent with congressional intent.
Furthermore, the resolution reflects the principle of separation of powers, allowing Congress to review and potentially disapprove regulations issued by the executive branch. This is a critical element of the system of checks and balances established by the Constitution.
However, the resolution's impact on environmental protection and public health could be debated in light of the Constitution's preamble, which aims to "promote the general Welfare."
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).