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U.S. Code as of:
01/19/04
Section 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.
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