§ 2617. — Preemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2617]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2617. Preemption
(a) Effect on State law
(1) Except as provided in paragraph (2), nothing in this chapter
shall affect the authority of any State or political subdivision of a
State to establish or continue in effect regulation of any chemical
substance, mixture, or article containing a chemical substance or
mixture.
(2) Except as provided in subsection (b) of this section--
(A) if the Administrator requires by a rule promulgated under
section 2603 of this title the testing of a chemical substance or
mixture, no State or political subdivision may, after the effective
date of such rule, establish or continue in effect a requirement for
the testing of such substance or mixture for purposes similar to
those for which testing is required under such rule; and
(B) if the Administrator prescribes a rule or order under
section 2604 or 2605 of this title (other than a rule imposing a
requirement described in subsection (a)(6) of section 2605 of this
title) which is applicable to a chemical substance or mixture, and
which is designed to protect against a risk of injury to health or
the environment associated with such substance or mixture, no State
or political subdivision of a State may, after the effective date of
such requirement, establish or continue in effect, any requirement
which is applicable to such substance or mixture, or an article
containing such substance or mixture, and which is designed to
protect against such risk unless such requirement (i) is identical
to the requirement prescribed by the Administrator, (ii) is adopted
under the authority of the Clean Air Act [42 U.S.C. 7401 et seq.] or
any other Federal law, or (iii) prohibits the use of such substance
or mixture in such State or political subdivision (other than its
use in the manufacture or processing of other substances or
mixtures).
(b) Exemption
Upon application of a State or political subdivision of a State the
Administrator may by rule exempt from subsection (a)(2) of this section,
under such conditions as may be prescribed in such rule, a requirement
of such State or political subdivision designed to protect against a
risk of injury to health or the environment associated with a chemical
substance, mixture, or article containing a chemical substance or
mixture if--
(1) compliance with the requirement would not cause the
manufacturing, processing, distribution in commerce, or use of the
substance, mixture, or article to be in violation of the applicable
requirement under this chapter described in subsection (a)(2) of
this section, and
(2) the State or political subdivision requirement (A) provides
a significantly higher degree of protection from such risk than the
requirement under this chapter described in subsection (a)(2) of
this section and (B) does not, through difficulties in marketing,
distribution, or other factors, unduly burden interstate commerce.
(Pub. L. 94-469, title I, Sec. 18, Oct. 11, 1976, 90 Stat. 2038;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989.)
References in Text
The Clean Air Act, referred to in subsec. (a)(2)(B), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
