Sec. 15. Preemption
983 words·~4 min read·
/bill/113/s/1009/is/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 18 ( 15 U.S.C. 2617 ) is amended by striking subsections
(a)and
(b)and inserting the following: Except as provided in subsections
(c)and (d), no State or political subdivision of a State may establish or continue to enforce— a requirement for the development of test data or information on a chemical substance or category of substances that is reasonably likely to produce the same data and information required under section 4, 5, or 6 by— a rule promulgated by the Administrator; a consent agreement entered into by the Administrator; or an order issued by the Administrator; a prohibition or restriction on the manufacture, processing, or distribution in commerce or use of a chemical substance after issuance of a completed safety determination for a chemical substance under section 6, consistent with the scope of the review and decisions addressed by the Administrator; or a requirement for the notification of a use of a chemical substance that the Administrator has specified as a significant new use and for which the Administrator has required notification pursuant to a rule promulgated under section 5. Except as provided in subsections
(c)and (d), no State or political subdivision of a State may establish (after the date of enactment of the Chemical Safety Improvement Act )— a prohibition or restriction on the manufacture, processing, distribution in commerce or use of a chemical substance that is a high-priority substance identified under section 4(e)(3) (as of the date on which the Administrator publishes a schedule under section 6(b)); or a prohibition or restriction on the manufacture, processing, distribution in commerce or use of a chemical substance that is a low-priority substance identified under section 4(e)(3). Subsections
(a)and
(b)shall not apply to a requirement, prohibition, or restriction of a State or a political subdivision of a State that— is adopted under the authority of any other Federal law; implements a reporting or information collection requirement not otherwise required by the Administrator under this Act or required under any other Federal law; or is adopted pursuant to authority under a law of the State or political subdivision of the State related to water quality, air quality, or waste treatment or disposal that— does not impose a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and is not otherwise required by or inconsistent with an action by the Administrator under section 5 or 6. Upon application of a State or political subdivision of a State, the Administrator may provide a waiver from subsection
(a)and subsection (b)(1), regarding a requirement of that State or political subdivision of the State that relates to the effects or exposure to any chemical substance under the intended conditions of use if— the State or political subdivision of the State determines it cannot wait until the end of the period specified in the established schedule and deadline for the completion of a full safety assessment and determination established under section 6(b)(2)(B)(ii); and the Administrator determines that— compelling State or local conditions warrant granting the waiver to protect human health or the environment; compliance with the proposed requirement of the State or political subdivision of the State does not unduly burden interstate and foreign commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance; compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and the proposed requirement of the State or political subdivision of the State is based on the best available science and is supported by the weight of the evidence; or the Administrator finds a safety assessment or determination has been unreasonably delayed; and the State certifies that— the State has a compelling local interest to protect human health or the environment; compliance with the proposed requirement of the State does not unduly burden interstate and foreign commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance; compliance with the proposed requirement would not cause a violation of any applicable Federal law, rule, or order; and the proposed requirement is grounded in reasonable scientific concern. The Administrator shall grant or deny a waiver application— not later than 180 days after the date on which an application under paragraph
(1)is submitted; and not later than 90 days after the date on which an application under paragraph
(2)is submitted. The application of a State or political subdivision of the State shall be subject to public notice and comment. The decision of the Administrator on the application of a State or political subdivision of the State shall be— considered to be a final agency action; and subject to judicial review. A State waiver— granted under paragraph
(1)shall remain in effect unless the waiver is found to be in conflict with a completed safety assessment and determination; and granted under paragraph
(2)shall remain in effect until such time as the safety assessment and determination is completed. Not later than 60 days after the date on which the Administrator makes a determination on an application of a State or political subdivision of the State under paragraph (1), any person may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over the determination. If the Administrator completes a safety determination for a high-priority substance under section 6, the determination shall be admissible as evidence in any public or private action in any court of the United States or State court for recovery of damages or for equitable relief relating to injury to human health or the environment from exposure to a chemical substance. The safety determination shall be determinative of whether the substance meets the safety standard under the conditions of use addressed in the safety determination. .
Connectionstraces to 1
Traces to 1 document
U.S. Code