TSCA: Congressional Review Act Resolution Targets EPA's PBT Chemical Regulations

April 29, 2025

On February 12, 2025, a resolution was introduced under the Congressional Review Act (CRA) to repeal the EPA's final rule on decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP 3:1). The targeted rule, "Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)" was published on November 19, 2024.
If passed by Congress and signed by President Trump, this resolution would completely overturn the EPA's regulations for these two chemicals, which established a 0.1% limit for unintentionally added substances, extended compliance deadlines, and modified exclusions for certain uses.
The resolution is part of broader efforts to review regulations issued during the final months of the Biden Administration. Congress has until approximately May 8, 2025, to use the CRA's expedited procedures, though competing priorities and limited congressional calendar time may impact its chances of passage.
Companies using decaBDE or PIP (3:1) in products, particularly in electronics, automotive, and manufacturing sectors, should monitor this development closely as it could significantly alter compliance requirements established by the November 2024 rule (Link).
 

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