Congress moves to block EPA's ban on toxic flame-retardant chemicals
H.J.Res. 46 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)". · Filed by Andrew Clyde (R-GA) · Introduced Feb 12, 2025 · Referred to committee
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What it does
This joint resolution disapproves an EPA rule that restricts two flame-retardant chemicals (decabromodiphenyl ether and phenol, isopropylated phosphate) classified as persistent, bioaccumulative, and toxic under the Toxic Substances Control Act. If passed, the rule would be nullified and the chemicals would remain unregulated under this restriction.
Why we flagged it
This is a Congressional Review Act (CRA) disapproval resolution targeting a specific EPA chemical-safety rule. It uses the procedural mechanism of CRA to block environmental regulation, not to address a procedural defect in the rulemaking itself.
What the text implies
- Disapproving this rule may trigger CRA's 'same rule' prohibition, preventing EPA from issuing a substantially similar restriction on these chemicals without new congressional authorization.
- The chemicals targeted (decabromodiphenyl ether and phenol, isopropylated phosphate) are used in foam, textiles, and electronics; blocking their regulation may reduce costs for manufacturers but extends consumer and worker exposure to bioaccumulative toxins.
The full analysis lists 3 implications of this text.
Who stands to gain
flame-retardant chemical manufacturers; foam and textile producers using these additives; electronics manufacturers incorporating these flame retardants