Sec. 18. State-Federal relationship
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/bill/114/s/697/is/section-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 18 of the Toxic Substances Control Act ( 15 U.S.C. 2617 ) is amended by striking subsections
(a)and
(b)and inserting the following: Except as provided in subsections (c), (d), (e), (f), and (g), and subject to paragraph (2), no State or political subdivision of a State may establish or continue to enforce any of the following: A statute or administrative action to require the development of information on a chemical substance or category of substances that is reasonably likely to produce the same information required under section 4, 5, or 6 in— a rule promulgated by the Administrator; a testing consent agreement entered into by the Administrator; or an order issued by the Administrator. A statute or administrative action to prohibit or otherwise restrict the manufacture, processing, or distribution in commerce or use of a chemical substance— found to meet the safety standard and consistent with the scope of the determination made under section 6; or found not to meet the safety standard, after the effective date of the rule issued under section 6(d) for the substance, consistent with the scope of the determination made by the Administrator. A statute or administrative action requiring 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. Under this subsection, Federal preemption of State statutes and administrative actions applicable to specific substances shall not occur until the effective date of the applicable action described in paragraph
(1)taken by the Administrator. Except as provided in subsections (c), (d), and (e), no State or political subdivision of a State may establish (after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act ) a statute or administrative action prohibiting or restricting the manufacture, processing, distribution in commerce or use of a chemical substance that is a high-priority substance designated under section 4A, as of the date on which the Administrator commences a safety assessment under section 6. Federal preemption under subsections
(a)and
(b)of State statutes and administrative actions applicable to specific substances shall apply only to— the chemical substances or category of substances subject to a rule, order, or consent agreement under section 4; the uses or conditions of use of such substances that are identified by the Administrator as subject to review in a safety assessment and included in the scope of the safety determination made by the Administrator for the substance, or of any rule the Administrator promulgates pursuant to section 6(d); or the uses of such substances that the Administrator has specified as significant new uses and for which the Administrator has required notification pursuant to a rule promulgated under section 5. Subsections
(a)and
(b)shall not apply to a statute or administrative action of a State or a political subdivision of a State applicable to a specific chemical substance that— is adopted under the authority of, or authorized to comply with, any other Federal law; implements a reporting, monitoring, or other information collection obligation for the chemical substance 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, unless the action taken by the State or political subdivision of a State— imposes a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and is already required by a decision by the Administrator under section 5 or 6; is taken to address a health or environmental concern that applies to the uses or conditions of use that are included in the scope of a safety determination pursuant to section 6 or the scope of a significant new use rule promulgated pursuant to section 5, but is inconsistent with the action of the Administrator; or would cause a violation of the applicable action by the Administrator under section 5 or 6. Nothing in this Act, nor any amendment made by this Act, nor any rule, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall affect the right of a State or a political subdivision of a State to adopt or enforce any rule, standard of performance, safety determination, scientific assessment, or any protection for public health or the environment that— is adopted under the authority of, or authorized to comply with, any other Federal law; implements a reporting, monitoring, or other information collection obligation for the chemical substance 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, unless the action taken by the State or political subdivision of a State— imposes a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and is already required by a decision by the Administrator under section 5 or 6; is taken to address a health or environmental concern that applies to the uses or conditions of use that are included in the scope of a safety determination pursuant to section 6 or the scope of a significant new use rule promulgated pursuant to section 5, but is inconsistent with the action of the Administrator; or would cause a violation of the applicable action by the Administrator under section 5 or 6. Notwithstanding subsection (e)— nothing in this section shall be construed as modifying the effect under this section, as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act , of any rule or order promulgated or issued under this Act prior to that effective date; and with respect to a chemical substance or mixture for which any rule or order was promulgated or issued under section 6 prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act with regards to manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance, this section (as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act ) shall govern the preemptive effect of any rule or order that is promulgated or issued respecting such chemical substance or mixture under section 6 of this Act after that effective date, unless the latter rule or order is with respect to a chemical substance or mixture containing a chemical substance and follows a designation of that chemical substance as a high-priority substance under subsection
(b)or
(c)of section 4A or as an additional priority for safety assessment and safety determination under section 4A(d). Nothing in this Act, subject to subsection
(g)of this section, shall— be construed to preempt or otherwise affect any action taken before January 1, 2015, under the authority of a State law that prohibits or otherwise restricts manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance; or be construed to preempt or otherwise affect any action taken pursuant to a State law that was in effect on August 31, 2003. This subsection does not affect, modify, or alter the relationship between State and Federal law pursuant to any other Federal law. Upon application of a State or political subdivision of a State, the Administrator may— by rule, exempt from subsection (a), under such conditions as may be prescribed in the rule, a statute or administrative action of that State or political subdivision of the State that relates to the effects of, or exposure to, a chemical substance under the conditions of use if the Administrator determines that— compelling State or local conditions warrant granting the waiver to protect health or the environment; compliance with the proposed requirement of the State or political subdivision of the State would not unduly burden interstate 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 based on the judgment of the Administrator, the proposed requirement of the State or political subdivision of the State is consistent with sound objective scientific practices, the weight of the evidence, and the best available science; or exempt from subsection
(b)a statute or administrative action of a State or political subdivision of a State that relates to the effects of exposure to a chemical substance under the conditions of use if the Administrator determines that— the State has a compelling local interest that warrants granting the waiver to protect health or the environment; compliance with the proposed requirement of the State will not unduly burden interstate 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)(A) is submitted; and not later than 90 days after the date on which an application under paragraph (1)(B) 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 waiver granted under paragraph (1)(B) shall remain in effect until the later of— such time as the safety assessment and safety determination is completed; and the date on which compliance with an applicable rule issued under section 6(d) is required. 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 subparagraph
(A)or
(B)of 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. Not later than 60 days after the date on which the Administrator makes a decision on a recommendation made under section 4A(b)(4) to designate a chemical substance as a low priority, the Governor of a State or a State agency with responsibility for protecting health and the environment that submitted the recommendation under section 4A(a)(4)(A), as applicable, 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. Nothing in this Act, nor any amendment made by this Act, nor any safety standard, rule, requirement, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall be construed to preempt, displace, or supplant any state or Federal common law rights or any state or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct. Notwithstanding any other provision of this Act, nothing in this Act, nor any amendments made by this Act, shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any State law, maritime law, or Federal common law or statutory theory. Nothing in this Act, nor any amendments made by this Act, nor any rules, regulations, requirements, safety assessments, safety determinations, scientific assessments, or orders issued pursuant to this Act shall be interpreted as, in either the plaintiff’s or defendant’s favor, dispositive in any civil action. This Act does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State or Federal law with respect to the admission into evidence or any other use of this Act or rules, regulations, requirements, standards of performance, safety assessments, scientific assessments, or orders issued pursuant to this Act. .
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Sec. 18
State-Federal relationship
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