Home / Recent Bills / 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)".
HOUSE · HJRES 27119 CONGRESS
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)".
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amendment is not presented to the President — it needs a two-thirds vote in
both chambers and then ratification by three-quarters of the states.
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Summary
H.J. Res. 27 is a joint resolution introduced in the 119th Congress that seeks to disapprove a final rule issued by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) concerning the chemical trichloroethylene (TCE). The rule, published in the Federal Register on December 17, 2024 (89 Fed. Reg. 102568), establishes regulations for TCE, a volatile organic compound widely used in industrial applications such as degreasing metal parts, and in some consumer products like spot removers and adhesive solvents. TCE has been classified as a carcinogen by the International Agency for Research on Cancer and is linked to various health risks, including kidney cancer, liver damage, neurological effects, and developmental toxicity. Under the TSCA, the EPA is required to evaluate and regulate chemicals that pose unreasonable risks to health or the environment. The December 2024 final rule likely imposes restrictions on the use, manufacturing, processing, or disposal of TCE to mitigate these risks, potentially including bans on certain uses, requirements for workplace protections, emission controls, or waste management protocols.
The joint resolution invokes the Congressional Review Act (CRA), specifically chapter 8 of title 5 of the United States Code, which allows Congress to overturn federal agency rules by passing a joint resolution of disapproval. If enacted, the resolution would nullify the EPA's TCE rule, meaning it would have no legal force or effect. This would revert the regulatory status of TCE to whatever existed prior to the rule's implementation, potentially leaving fewer federal restrictions on its use. The resolution was introduced by Mrs. Harshbarger and Mrs. Miller-Meeks and referred to the Committee on Energy and Commerce. As a joint resolution, if passed by both the House and Senate and signed by the President (or if Congress overrides a veto), it would have the force of law. It does not propose a constitutional amendment, so it follows the standard legislative path requiring presidential action.
The core of the debate centers on balancing environmental and public health protections against economic and industrial concerns. Supporters of the EPA rule argue that TCE poses significant health risks, particularly to workers exposed in occupational settings and to communities near industrial facilities, and that federal regulation is necessary to prevent harm. Opponents, including the sponsors of this resolution, likely contend that the rule is overly burdensome, could harm domestic industries that rely on TCE for manufacturing processes, may lead to job losses, and that existing state or voluntary measures are sufficient. The resolution reflects broader political tensions over the scope of federal regulatory authority, particularly regarding the EPA's role in implementing the TSCA, and highlights the use of the CRA as a tool for congressional oversight of executive branch agencies.
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+Protects public health by maintaining federal restrictions on trichloroethylene, a chemical classified as carcinogenic to humans and associated with serious health risks including kidney cancer and neurological damage.
+Preserves important occupational safety standards that limit worker exposure to TCE in industrial settings, reducing illness and healthcare costs related to toxic chemical exposure.
+Ensures consistent nationwide environmental protections against TCE pollution in air, water, and soil, preventing a 'race to the bottom' where states compete by weakening regulations to attract industry.
+Supports the Environmental Protection Agency's authority to implement the Toxic Substances Control Act as Congress intended, reinforcing the role of science-based regulation in safeguarding communities.
+Aligns with broader Democratic priorities of strengthening environmental justice by reducing disproportionate exposure to hazardous chemicals in low-income and minority communities often located near industrial facilities.
MIGHT OPPOSE
−May impose significant compliance costs on manufacturers and small businesses that rely on TCE for processes like degreasing, potentially affecting competitiveness and leading to higher consumer prices.
−Could result in job losses or facility closures in industries unable to adapt to the regulation, particularly in regions where alternative chemicals or processes are not readily available.
−Might be perceived as federal overreach into areas that could be managed effectively through state-level regulations or voluntary industry initiatives, triggering concerns about governmental overreach.
−Requires resources for enforcement and monitoring that could strain EPA budgets, potentially diverting funds from other environmental priorities.
−May generate political backlash that undermines public support for environmental regulation broadly, making future efforts to address toxic substances more difficult.
Republicans
MIGHT SUPPORT
+Relieves regulatory burden on industries that use trichloroethylene (TCE) in manufacturing processes, such as metal degreasing and chemical synthesis, potentially lowering production costs and improving competitiveness.
+Prevents potential job losses in industries that might be forced to curtail operations or relocate due to costly compliance requirements associated with the EPA rule.
+Asserts congressional authority over federal agencies, reinforcing the principle that unelected bureaucrats should not impose significant economic restrictions without legislative approval.
+Avoids what Republicans may view as overreach by the EPA under the Toxic Substances Control Act, arguing that the agency exceeded its statutory authority or relied on questionable science in regulating TCE.
+Maintains flexibility for states to address TCE risks through their own environmental and occupational safety regulations, allowing for more tailored approaches based on local industrial profiles and risk assessments.
MIGHT OPPOSE
−Removes federal protections for workers exposed to trichloroethylene, a known carcinogen linked to kidney cancer, liver damage, and neurological disorders, potentially increasing occupational health risks.
−Eliminates nationwide standards for TCE emissions and waste disposal, which could lead to increased environmental contamination and harm to communities near industrial facilities.
−Undermines the Toxic Substances Control Act's purpose of ensuring chemicals are safe for intended use, potentially leaving downstream users and consumers inadequately protected.
−May create regulatory uncertainty for businesses that had begun planning compliance strategies based on the EPA rule, leading to wasted investments and operational disruptions.
−Could be seen as prioritizing short-term industrial interests over long-term public health and environmental sustainability, damaging the Republican party's reputation on stewardship issues.
![Rep. Harshbarger, Diana [R-TN-1]](https://www.congress.gov/img/member/h001086_200.jpg)