Representatives Diana Harshbarger (R-TN) and Mariannette Miller-Meeks (R-IA) introduced H.J. Res. 27, a resolution expressing congressional disapproval of the U.S. Environmental Protection Agency’s (EPA) rule on trichloroethylene (TCE). This joint resolution is an attempt to use the Congressional Review Act (CRA) to overturn EPA’s recent TCE rule issued under the Toxic Substances Control Act (TSCA).

Introduction of a resolution of disapproval is the first step in the process of overturning a final rule. Once introduced, the resolution is referred to committee for consideration. A committee may vote to report a CRA disapproval resolution but may not amend it. To be enacted, both the House of Representatives and Senate must pass the resolution, and the President must sign it.

H.J. Res. 27, the TCE resolution of disapproval, was referred to the House Committee on Energy and Commerce where it awaits committee action.

When a CRA joint resolution of disapproval is enacted, the rule that was the subject of the resolution is not only no longer in effect, but will also be treated as though the rule had never taken effect. In addition, a rule subject to an enacted joint resolution of disapproval “may not be reissued in substantially the same form, and a new rule that is substantially the same … may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution.”

The Congressional Research Service (CRS) has an excellent summary of the Congressional Review Act and is a source of detailed CRA information.

It is not clear what trajectory this measure will take in Congress. While the TCE rule is unpopular in industry circles, its congressional reception remains to be seen. We will keep you posted.