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SENATE · SJRES 19 119 CONGRESS

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)".

INTRODUCED
February 13, 2025
POLICY AREA
Environmental Protection
STATUS
Read twice and referred to the Committee on Environment and Public Works.
SOURCE
Congress.gov ↗
This is a joint resolution, not an ordinary bill

A joint resolution goes through the same process as a bill and carries the same legal force once signed. One exception: a joint resolution proposing a constitutional 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. Bill vs. resolution, explained →

Summary

This joint resolution, S.J. Res. 19, seeks to overturn an Environmental Protection Agency (EPA) rule regarding trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA). The EPA rule, published in the Federal Register on December 17, 2024 (89 Fed. Reg. 102568), establishes regulations for TCE, a chemical solvent used in various industrial and commercial applications such as degreasing metal parts, as a refrigerant, and in the production of other chemicals. TCE is known to be a toxic substance associated with serious health risks, including cancer, neurotoxicity, reproductive harm, and other adverse effects, particularly with chronic exposure. The EPA's rule likely implements restrictions on the use, manufacturing, processing, distribution, or disposal of TCE to protect human health and the environment, as authorized under TSCA, which gives the EPA authority to regulate chemicals that pose unreasonable risks.

S.J. Res. 19 invokes the Congressional Review Act (CRA), specifically chapter 8 of title 5 of the United States Code, which allows Congress to disapprove of federal agency rules through a joint resolution. If passed by both the Senate and House of Representatives and signed by the President (or if Congress overrides a presidential veto), the resolution would nullify the EPA's TCE rule, meaning the rule would have no legal force or effect. This would revert the regulatory status of TCE to whatever existed prior to the EPA rule's implementation, potentially removing or weakening federal restrictions on TCE use and emissions.

The resolution was introduced by Senator Kennedy on February 13, 2025, and referred to the Committee on Environment and Public Works. It does not propose a constitutional amendment; therefore, it follows the standard legislative process requiring presidential approval to take effect. The use of the CRA indicates an effort by Congress to exercise oversight over executive branch rulemaking, particularly when lawmakers believe an agency has overstepped its authority or imposed overly burdensome regulations. The outcome of this resolution will significantly impact how TCE is regulated nationally, affecting industries that use the chemical, workers exposed to it, and communities near facilities handling TCE, as well as environmental protection efforts related to this hazardous substance.

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Where Each Party Stands

Democrats

MIGHT SUPPORT
+None identified from a Democratic perspective, as the resolution seeks to dismantle an EPA rule designed to protect public health and the environment from a known toxic chemical.
MIGHT OPPOSE
−Would eliminate federal protections against trichloroethylene, a chemical linked to cancer, neurological damage, reproductive harm, and other serious health risks, thereby endangering workers and communities.
−Undermines the EPA's authority under the Toxic Substances Control Act to regulate hazardous substances, weakening the nation's chemical safety framework.
−Contradicts scientific consensus on TCE's toxicity and ignores the EPA's evidence-based risk assessment process.
−Harms environmental justice efforts, as disadvantaged communities often bear a disproportionate burden of industrial pollution and chemical exposure.
−Sets a dangerous precedent for using the Congressional Review Act to roll back essential health and safety regulations based on political rather than scientific grounds.
−Could result in regulatory uncertainty for businesses that have already begun adapting to the EPA rule, imposing unnecessary costs through policy reversals.

Republicans

MIGHT SUPPORT
+Reduces regulatory burden on industries that use trichloroethylene, such as manufacturing, metal processing, and chemical production, potentially lowering compliance costs and increasing operational flexibility.
+Asserts congressional authority over executive branch agencies, reinforcing the principle that unelected bureaucrats should not impose significant economic regulations without legislative oversight.
+May prevent job losses in industries reliant on TCE by avoiding strict EPA regulations that could force plant closures or relocation overseas.
+Aligns with skepticism toward EPA overreach, particularly under administrations perceived as overly aggressive in environmental regulation.
+Supports the Congressional Review Act as a legitimate tool for Congress to check agency power, promoting accountability in the regulatory process.
MIGHT OPPOSE
−Could be seen as prioritizing industrial interests over public health and environmental protection, potentially harming communities near TCE-using facilities.
−May undermine EPA's ability to respond swiftly to emerging scientific evidence about toxic chemicals, slowing protections for workers and the public.
−Risk of inconsistent regulation if states implement their own stricter TCE rules in the absence of federal standards, creating a patchwork of compliance requirements.
−Might lead to increased healthcare and environmental remediation costs down the line if TCE exposure results in preventable illnesses or contamination.
−Could be perceived as siding with polluters, damaging the Republican Party's reputation on environmental stewardship among moderate and independent voters.

History

Feb 13, 2025
Read twice and referred to the Committee on Environment and Public Works.
Feb 13, 2025
Introduced in Senate
SPONSOR
Sen. Kennedy, John [R-LA]
RELATED BILLS
HJRES 34 — 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)". HJRES 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)".