
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
