Preemption in Proposed Amendments to the Toxic Substances Control Act (TSCA): Side-by-Side Analysis of S. 697 and H.R. 2576

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Preemption in Proposed Amendments

to the Toxic Substances Control Act (TSCA):

Side-by-Side Analysis of S. 697 and H.R. 2576

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R44066

Preemption in Proposed Amendments to the Toxic Substances Control Act

Summary

The Toxic Substances Control Act (TSCA) was enacted in 1976 to govern the regulation of

chemical substances in U.S. commerce. Its core provisions have not been significantly amended

since that time. Under TSCA, the Environmental Protection Agency (EPA) has implemented a

chemicals management program over the past four decades. EPA has issued a very limited

number of risk management rules under TSCA to restrict chemicals it has found to present

unreasonable risks of injury to human health or the environment. Meanwhile, states and, in a few

cases, local subdivisions of states have enacted an increasing number of their own chemical

programs and restrictions.

The federal preemption doctrine derives from the Supremacy Clause of the U.S. Constitution,

which provides that federal laws “shall be the supreme Law of the Land.” Congress can expressly

preempt state and local laws by statute, and the scope of preemption is determined by Congress’s

intent. Because TSCA preemption is based on EPA’s issuance of certain types of rules and orders

targeting particular chemicals (subject to exceptions), state and local chemical programs and

restrictions—for the most part targeting chemicals not subject to EPA risk management rules—

generally have not faced preemption under TSCA. As legislative proposals to amend TSCA have

been discussed in recent years, one major topic of debate has been the extent to which the scope

of TSCA’s preemption of state chemical regulations should be preserved, expanded, or reduced.

This report provides a brief background on preemption in current TSCA. The report then provides

a side-by-side comparison of the preemption provisions of House and Senate bills in the 114th

Congress to amend TSCA. S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century

Act, was ordered to be reported out of the Senate Environment and Public Works Committee on

April 28, 2015, on a 15-5 vote. It was reported, as amended, on June 17, 2015, and placed on the

Senate Legislative Calendar. H.R. 2576, the TSCA Modernization Act of 2015, was first released

as a discussion draft on April 7, 2015. It was introduced as H.R. 2576 on May 26, 2015, and

passed the House as amended on June 23, 2015, on a 398-1 vote.

Both bills would expand EPA’s authority to regulate chemicals in a number of ways, similar in

some respects, although S. 697 is a longer and more detailed bill that would make more changes

to TSCA’s language than H.R. 2576. The preemption provisions of the two bills have many

similarities as well, including in their overall structure, which retains TSCA’s approach of only

preempting state and local laws on a chemical-by-chemical basis after EPA action on a chemical.

Both bills would also exclude from preemption state and some local chemical requirements in

effect as of August 1, 2015, and any state or local requirements arising from long-standing state

chemical laws such as California’s Proposition 65. However, the bills have a number of

differences with respect to preemption. For example, S. 697 would preempt new restrictions on a

chemical while EPA prepared a safety assessment on that chemical, a period of up to several

years; H.R. 2576 may impose somewhat broader preemption on the basis of EPA actions for new

chemicals and new uses than S. 697. Various other similarities and differences between the two

bills regarding preemptive EPA actions, exceptions, exemptions, and waivers are also compared.

A third proposal to amend TSCA, S. 725, the Alan Reinstein and Trevor Schaefer Toxic Chemical

Protection Act, would eliminate express TSCA preemption entirely. S. 725 is not included in this

report’s comparison.

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Preemption in Proposed Amendments to the Toxic Substances Control Act

Contents

Introduction to Preemption in TSCA............................................................................................... 1

Preemption Under the Constitution ........................................................................................... 1

Overview of TSCA.................................................................................................................... 1

Preemption Under TSCA .......................................................................................................... 2

TSCA Amendment Proposals in the 114th Congress ....................................................................... 4

Legislative Background and Status ........................................................................................... 4

Comparison ............................................................................................................................... 5

Tables

Table 1. Side-by-Side Comparison of TSCA Legislation in the 114th Congress:

Preemption Provisions and State-Federal Relationship ............................................................... 7

Contacts

Author Contact Information .......................................................................................................... 15

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Introduction to Preemption in TSCA

Preemption Under the Constitution

Preemption raises complex issues of law, policy, and federalism. Under the Supremacy Clause of

the U.S. Constitution,1 state law and policy (or law and policy of local subdivisions of states,

acting under state law) that conflicts with federal law must yield to the exercise of Congress’s

powers. Whether a certain state action is preempted by federal law is a question of congressional

intent.2 When it acts, Congress can preempt state action within a field entirely, allow for states to

act freely, or permit state action to any intermediate degree. Federal statutes relating to protection

of the environment and public health have taken a diverse range of approaches to preemption

ranging between these two extremes of field preemption and no preemption. The Toxic

Substances Control Act (TSCA),3 which defines the authority of the Environmental Protection

Agency (EPA) to assess and regulate chemical substances in U.S. commerce, takes an

intermediate approach.

Overview of TSCA

An overview of TSCA as a whole is necessary to place TSCA’s preemption provisions in context.

For more information, see CRS Report RL31905, The Toxic Substances Control Act (TSCA): A

Summary of the Act and Its Major Requirements, by (name redacted)

.

TSCA establishes a chemical regulatory program allowing EPA to review new chemical

substances before they enter U.S. commerce, as well as significant new uses of chemical

substances as designated by EPA (§5);4 to regulate chemicals in commerce that EPA determines to

present unreasonable risks of injury to human health or the environment, using the least

burdensome requirements that adequately protect against such risks (§6);5 and to require testing

on chemicals that may present an unreasonable risk, or that merit testing by virtue of certain high

production volume or high exposure potential criteria (§4).6 TSCA also authorizes and mandates

that EPA require reporting of certain information on chemicals by manufacturers (including

importers), processors, and sometimes distributors, and to maintain an inventory of chemicals and

substances that have commenced non-exempt manufacture or import in the United States (§8).7 In

addition, among other provisions, TSCA requires EPA to maintain confidentiality of trade secrets

and privileged or confidential business information in a particular manner (§14),8 coordinate with

1

U.S. CONST. art. VI, cl. 2.

While this report focuses on express statutory provisions regarding preemption, preemption may be implied as well as

express. “Conflict preemption” could be implied either because compliance with both the state rule and the TSCA rule

would be impossible, or because the state rule would stand as an obstacle to the accomplishment and execution of the

full purposes and objectives of Congress. See generally Article VI: Prior Debts, National Supremacy, and Oaths of

Office, in S. DOC. NO. 112-9, THE CONSTITUTION OF THE UNITED STATES OF AMERICA: ANALYSIS AND INTERPRETATION,

INTERIM EDITION: ANALYSIS OF CASES DECIDED BY THE SUPREME COURT OF THE UNITED STATES TO JULY 1, 2014, at

986-991, 100-1005 ((name redacted), ed., 2014),

available at http://www.gpo.gov/fdsys/pkg/GPO-CONAN-REV2014/pdf/GPO-CONAN-REV-2014-9-7.pdf.

3

15 U.S.C. §§2601-2697.

4

15 U.S.C. §2604.

5

15 U.S.C. §2605.

6

15 U.S.C. §2603.

7

15 U.S.C. §2607.

8

15 U.S.C. §2613.

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other federal agencies and EPA offices (§9),9 and respond to citizens’ petitions (§21).10 TSCA’s

core provisions (Title I) have not been significantly amended since the law’s enactment in 1976.11

It is also important to note that TSCA applies to “chemical substances” (defined in §3).12 To avoid

overlapping with other federal statutes, TSCA defines this term to exclude certain categories of

materials and substances from its scope. Substances when used in pesticides, foods (including

ingredients and additives), food contact substances (such as containers), personal care products,

tobacco, nuclear materials, firearms, and shells and cartridges are not within the scope of

TSCA—or consequently, within the scope of TSCA preemption.

Preemption Under TSCA

TSCA’s preemption provisions (§18)13 base preemption on certain actions taken by EPA under a

handful of specified statutory provisions. So long as EPA has not specifically addressed a

chemical under TSCA, there is no preemption of state regulation of that same chemical.14 When

EPA does take certain actions regarding a chemical, TSCA provides for preemption of duplicative

testing requirements and of non-identical state regulations, other than total bans or disposal

regulations, unless the state regulations are adopted under other federal laws or an exemption is

granted.15 Specifically, TSCA Section 18(a) provides the following:

If EPA promulgates a rule under TSCA Section 4 requiring manufacturers or

processors of a chemical substance to conduct testing on that substance to

develop data on its health and environmental effects, then a state or political

subdivision cannot establish or continue its own testing requirement rule for that

chemical substance “for purposes similar to those for which testing is required”

by EPA.16

EPA has issued testing rules for several hundred chemicals under Section 4.17

These would preempt similar testing requirements by states, but research has

uncovered no cases finding preemption of state testing requirements by EPA

testing rules.18

If EPA prescribes a rule or order under TSCA Section 5 (new chemicals) or

Section 6 (existing chemicals), which is designed to protect against a risk of

injury to health or the environment associated with a chemical substance, then a

state or political subdivision cannot establish or continue any non-identical

requirement applicable to the same chemical substance (or article containing such

9

15 U.S.C. §2608.

15 U.S.C. §2620.

11

Five titles have been added to deal with particular chemical concerns: asbestos (Title II), indoor radon (Title III), lead

(Title IV), environmental exposures in schools (Title V), and formaldehyde in composite wood products (Title VI).

12

15 U.S.C. §2602(2)(B).

13

15 U.S.C. §2617.

14

15 U.S.C. §2617(a)(1).

15

15 U.S.C. §2617(a)(2), (b).

16

15 U.S.C. §2617(a)(2)(A).

17

See generally 40 C.F.R. pt. 799.

18

EPA also works with chemical companies to develop needed data via Enforceable Consent Agreements and

Voluntary Testing Agreements; these do not have preemptive effect because TSCA’s testing preemption applies only to

rules, not orders or agreements. 15 U.S.C. §2617(a)(2)(A).

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chemical substance) that is designed to protect against the same risk.19

Since 1976, EPA has promulgated rules imposing restrictions to protect against

risk of injury to health or the environment from six existing chemicals under

Section 6 of TSCA20 and four new chemicals under Section 5(f).21 These few

EPA rules have not preempted many state or local requirements.22

Because these are the only bases for preemption, EPA information-gathering rules under Section

8, or actions under any other section of TSCA, do not preempt state or local actions. Pursuant to

exceptions, any preemption by EPA rules or orders under Sections 5 or 6 would not extend to the

following:

State regulations on the manner or method of disposal of chemicals; an EPA rule

pertaining to disposal has no preemptive effect.23

State requirements that are identical to federal requirements,24 enabling states to

provide additional enforcement (co-enforcement) of those requirements.

State requirements that are adopted under the authority of any other federal law.25

Complete prohibitions on the use of particular chemicals within a state’s

jurisdiction. However, a state cannot prohibit the chemical’s use in

manufacturing or processing of other substances.26

TSCA Section 18(b) allows a state to apply to EPA for an exemption to allow a more stringent

state chemical risk management regulation that would otherwise be preempted.27 EPA may, by

rule, grant such an exemption so long as compliance with the state requirement would not cause a

violation of the federal requirements for the chemical; would provide a significantly higher

19

15 U.S.C. §2617(a)(2)(B).

The section 6 rules are a ban on manufacturing, processing, distribution in commerce and use of PCBs, 40 C.F.R. pt.

761 (specifically required by TSCA section 6(e)); a ban on manufacture, processing, distribution in commerce of

chlorofluorocarbons (CFCs) for aerosol propellants, 43 Fed. Reg. 11318 (Mar. 17, 1978) (other uses of CFCs were later

phased out under the Clean Air Act); a ban on storage and disposal of waste contaminated with a certain dioxin at one

facility in Arkansas (revoked five years later upon the effective date of the Resource Conservation and Recovery Act

(RCRA), 50 Fed. Reg. 1978 (Jan. 14, 1985)); a limit on certain uses of metalworking fluids, 40 C.F.R. pt. 747; and a

ban on hexavalent chromium chemicals in comfort (i.e., non-industrial) cooling towers, 40 C.F.R. §749.68. A ban on

asbestos was largely struck down in 1991 (except with respect to certain new uses), because, among other reasons, the

court held that EPA had not considered less burdensome alternatives as required by TSCA section 6. Corrosion Proof

Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991).

21

See EPA, TSCA Chemical Substance Inventory, 2014 version, available at http://www.epa.gov/oppt/

existingchemicals/pubs/tscainventory/ (search of “regulatory flags” in inventory file). The new chemicals regulated

under TSCA section 5(f) are all used in metalworking. See 40 C.F.R. pt. 747; 49 Fed. Reg. 36846 (Sep. 20, 1984); 49

Fed. Reg. 24658 (June 14, 1984); 49 Fed. Reg. 2762 (Jan. 23, 1984).

22

EPA has also issued a number of consent orders under Section 5(e) imposing restrictions on individual

manufacturers, and Significant New Use Rules under Section 5(a) requiring notification to be submitted prior to

manufacturing or processing chemicals for non-ongoing uses designated as “significant” by EPA, but these actions do

not appear to have been subjected to judicial analysis as to their preemptive effect on any state or local requirements.

23

15 U.S.C. §2617(a)(2)(B) (citing 15 U.S.C. §2605(a)(6)).

24

15 U.S.C. §2617(a)(2)(B)(i).

25

15 U.S.C. §2617(a)(2)(B)(ii) (citing Clean Air Act as an example).

26

15 U.S.C. §2617(a)(2)(B)(iii).

27

15 U.S.C. §2617(b).

20

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degree of protection from risk; and would not “unduly burden interstate commerce.”28 It appears

that no exemption rule has ever been issued.29

Section 18 of TSCA does not expressly preempt or affect lawsuits regarding chemical exposures

under common law.30 Nonetheless, courts would generally interpret preempted “requirements” to

include state common law.31 Thus, it is possible, for example, that a defendant’s compliance with

TSCA could provide a viable preemption defense to a lawsuit, if the common law or statutory

requirement forming the basis for the lawsuit were designed to protect against the same risk as an

EPA rule or order under TSCA Sections 5 or 6.32 The division of federal and state authority over

chemicals is also affected by the lack of express authority, in Section 18 or elsewhere, for EPA to

share with states any trade secret information that it collects that is confidential under TSCA

Section 14.

TSCA Amendment Proposals in the 114th Congress

Legislative Background and Status

Legislative efforts to revise TSCA’s chemical regulatory framework date back at least to 2005.33

The legislative proposals that have been discussed over this time generally would preserve the

basic organization of TSCA Title I; for example, provisions related to testing would remain in

Section 4, new chemicals and new uses in Section 5, regulation of existing chemicals in Section

6, and preemption in Section 18. They would also generally continue TSCA’s exclusion of

specified categories of substances regulated under other laws. Yet the proposals would make

significant changes to the operation of TSCA. The proposals differ in various respects from one

another, however, including with respect to preemption.

In the 114th Congress, S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act,

was introduced on March 10, 2015. A hearing on the bill was held before the Senate Environment

and Public Works Committee on March 18, 2015.34 Following a markup, an amended version of

S. 697 was ordered to be reported out of the committee on April 28, 2015, on a 15-5 vote with

bipartisan support. S. 697 was reported with an amendment in the nature of a substitute on June

28

Id.

The state of Connecticut applied for an exemption to pursue a state registration program for PCB transformers. This

was not granted because EPA established a national registration requirement for PCB transformers at 40 C.F.R.

§761.30(a)(1)(vi). See 63 Fed. Reg. 35384, 35393-94 (June 29, 1998) (discussing Connecticut petition and response).

30

15 U.S.C. §2617. However, preemption would apply only to the extent the common law requirement was “designed

to protect against” the same risk as an EPA requirement for a chemical.

31

See, e.g., Riegel v. Medtronic, Inc., 552 U.S. 312, 324 (2008) (“Absent other indication, reference to a State’s

‘requirements’ includes its common-law duties.”).

32

See Anderson v. Hackett, 646 F. Supp. 2d 1041, 1053 (S.D. Ill. 2009) (stating in dicta that a showing by the

defendant chemical manufacturers that they had complied with EPA’s PCB regulations under TSCA “may provide

them a defense to Plaintiffs’s action” seeking damages and medical monitoring for alleged releases of PCB-containing

oil). There have been few or no examples of such defenses outside the PCB context.

33

Kid Safe Chemicals Act, S. 1391, H.R. 4308, 109th Cong. (2005). See also GOVERNMENT ACCOUNTABILITY OFFICE,

GAO NO. 05-458, CHEMICAL REGULATION: OPTIONS EXIST TO IMPROVE EPA’S ABILITY TO ASSESS HEALTH RISKS AND

MANAGE ITS CHEMICAL REVIEW PROGRAM (2005), available at http://www.gao.gov/new.items/d05458.pdf. The Kid

Safe Chemicals Act was reintroduced with few substantive changes in 2008. S. 3040, H.R. 6100, 110th Cong. (2008).

34

Frank R Lautenberg Chemical Safety for the 21st Century Act: Hearing before the S. Comm. on Env’t and Public

Works, 114th Cong. (2015), available at http://www.epw.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&

Hearing_id=60d1e265-cdac-7629-3385-2d72dd8fe3eb.

29

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17, 2015,35 and placed on the Senate legislative calendar. An alternate proposal, S. 725, the Alan

Reinstein and Trevor Schaefer Toxic Chemical Protection Act, has not been ordered to be

reported out of committee. S. 725 would eliminate express preemption from TSCA entirely,36 and

is not included in this report’s comparison.

In the House of Representatives, a discussion draft entitled the TSCA Modernization Act of 2015

was released in early April, and a hearing was held in the Subcommittee on Environment and the

Economy of the Committee on Energy and Commerce on April 14, 2015.37 After some revisions,

the House discussion draft was approved by the subcommittee on May 14, 2015, on a 21-0 voice

vote, also on a bipartisan basis. The TSCA Modernization Act of 2015 was formally introduced,

with some amendments, on May 26, 2015, as H.R. 2576 and referred to the full committee on

Energy and Commerce. The committee ordered the bill to be reported on June 3, 2015, on a 47-0

vote, with one abstaining, and the bill was reported on June 23, 2015. The bill, as amended, was

debated on the House floor and passed the House on June 23, 2015, on a 398-1 vote.

Comparison

S. 697 and H.R. 2576 address many of the same topics and provisions of TSCA, with important

similarities and differences in their approaches. For additional discussion of select issues

addressed by the bills, see CRS Report R44434, Proposed Amendments to the Toxic Substances

Control Act (TSCA) in the 114th Congress: H.R. 2576 Compared with the Senate Substitute

Amendment, by (name redacted) and (name

redacted)

.

S. 697 generally takes a more comprehensive and detailed approach to amending TSCA. It would

add, among other new definitions, a definition of the term “safety standard” to mean a standard

that ensures, without taking into consideration cost or other nonrisk factors, that no unreasonable

risk of injury to health or the environment, including to any relevant “potentially exposed or

susceptible population,” will result from exposure to a chemical substance under the conditions of

use.38 EPA would be required to establish a risk-based screening process to identify chemicals as

high or low priorities for assessment, and then to conduct assessments on the high priority

chemicals, with at least 25 assessments initiated by five years after enactment (along with other

deadlines).39 Chemicals found not to meet the safety standard would have to be regulated; EPA

would not be limited to the “least burdensome requirements” as under current TSCA, although it

would have to take into account costs, benefits, and alternatives.40 S. 697 would make changes to

the new chemical provisions, including imposing new duties on EPA to review such chemicals

against the safety standard.41 New provisions on policies and guidance, including pertaining to

use of science, would also impose duties on EPA.42 Based on amended reporting requirements,

35

U.S. Congress, Senate Committee on Environment and Public Works, Frank R. Lautenberg Chemical Safety for the

21st Century Act, report to accompany S. 697, 114th Cong., 1st sess., June 18, 2015, S.Rept. 114-67 (Washington: GPO,

2015).

36

S. 725, 114th Cong. §117 (2015).

37

H.R. ____, the TSCA Modernization Act of 2015: Hearing before the H. Subcomm. on Env’t and the Economy, 114th

Cong. (2015), available at http://energycommerce.house.gov/hearing/hr-tsca-modernization-act-2015.

38

S. 697, 114th Cong. §3(4) (adding new TSCA §3(16)).

39

Id. §6 (adding new TSCA §4A(a)(2)).

40

Id. §8(3) (adding new TSCA §6(a)-(e)).

41

Id. §7 (amending TSCA §5).

42

See id. §4 (adding new TSCA §3A), §23 (adding new TSCA §27(c)-(g)).

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EPA would be required to identify chemicals that have not recently been in U.S. commerce as

“inactive.”43

H.R. 2576 would make fewer changes to TSCA. Unlike S. 697, it would not change TSCA’s new

chemical provisions. Nor would it add a detailed new prioritization scheme for evaluating

chemicals (although EPA could likely continue its existing prioritization efforts, the TSCA Work

Plan for Chemical Assessments).44 Similar to S. 697, H.R. 2576 would prohibit EPA from taking

into account information on cost and other factors not directly related to health or the

environment in conducting risk evaluations, give EPA a mandate and framework to conduct such

risk evaluations, and remove the “least burdensome requirements” language from TSCA’s risk

management provisions for chemicals found to present an unreasonable risk. H.R. 2576 would

instead require that chemical rules be cost-effective, unless EPA determines that additional or

different requirements are necessary to protect against the identified risk.45 EPA would have to

initiate at least 10 risk evaluations per year, subject to the availability of appropriations.46

While doing so in different ways, both bills would also generally expand EPA’s testing authority;

impose certain requirements pertaining to scientific standards; modify TSCA’s confidentiality

provisions; expand TSCA’s fee provisions; and make certain other changes and additions to other

sections of the law—although as noted above, S. 697 would make substantially more changes and

additions.

Table 1 below provides a side-by-side comparison of the preemption provisions and other

provisions related to the state-federal relationship in these two bills.47 Table 1 first describes

limits on the universe of state or local rules that would potentially be subject to preemption by

EPA actions by comparing the bills’ overall preemption scope, exceptions, and savings clauses.

These are broadly similar, with some differences at the margins; most notably, both would retain

TSCA’s chemical-by-chemical preemption approach. Table 1 then compares the scope and timing

of preemption (subject to the exceptions) based on various EPA actions under each proposal.

Here, there are somewhat larger structural differences between the bills: for example, S. 697

preempts new state restrictions while a chemical is undergoing assessment by EPA, while H.R.

2576 has somewhat broader preemption on the basis of EPA actions on new chemicals and

significant new uses of chemicals. Both bills would preempt state requirements after EPA either

imposed requirements on a chemical found to present an unreasonable risk, or after EPA

determined that a chemical did not present an unreasonable risk. Table 1 then compares S. 697’s

new waiver provisions with those of H.R. 2576, which are retained from current TSCA. Finally,

Table 1 notes several other provisions not pertaining to preemption that nonetheless relate to the

federal-state relationship under TSCA.

43

Id. §10 (amending TSCA §8).

See EPA, Chemical Safety and Pollution Prevention, Existing Chemicals—Current Chemical Activities (2015),

http://www.epa.gov/oppt/existingchemicals/pubs/managechemrisk.html.

45

H.R. 2576, 114th Cong. §4 (2015) (amending TSCA §6).

46

Id.

47

Id. §7, S. 697 §17 (both amending TSCA §18). Detailed legal analysis whether the bills would preempt any

particular state chemical regulation is beyond the scope of this memorandum.

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Table 1. Side-by-Side Comparison of TSCA Legislation in the 114th Congress:

Preemption Provisions and State-Federal Relationship

Provision

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

State or Local Law Not Preempted—Baseline, Exceptions, and Savings Clauses

Framework: No

Preemption Until EPA

Action on a Chemical

Broadly, both bills would retain the general structure of preemption under TSCA Section 18:

there would be no effect on state chemical regulations or actions unless and until EPA took

certain actions, and preemption would operate on a chemical-by-chemical basis.

Current TSCA Section 18(a)(1) states that “[e]xcept as provided … 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….” While S. 697 does not retain this express

language, as H.R. 2576 would, the effect of removing this provision would be minimal; it

would still remain the case that nothing in TSCA as amended by S. 697 would affect state or

local authority over chemicals except as specifically provided in the amended preemption

provisions (or as required in narrow circumstances by the Supremacy Clause of the U.S.

Constitution; see “Express Conflicts,” below).

Scope Limitation in

Definition of Chemical

Substances

Both bills would keep TSCA’s definition of “chemical substance” and its exclusion from the

scope of TSCA of categories including pesticides, tobacco products, nuclear materials,

firearms, shells, cartridges, food, food contact substances in containers, drugs, medical

devices, and personal care products. Thus, neither EPA actions under TSCA, nor preemption

based on EPA actions, would apply to such categories.

Preemptive Effect of

EPA Actions Taken

Before Enactment

S. 697 would not change the preemptive

effect of any rule or order promulgated or

issued by EPA prior to the date of its

enactment, or of any rule or order issued

after enactment for a chemical already

subject to a Section 6 rule on the date of

enactment, unless that post-enactment rule

or order followed designation of the

chemical as a high priority.

H.R. 2576 provides that nothing in it shall be

construed as changing the preemptive effect

of an action taken by EPA either prior to the

date of its enactment, or under Section 6(e)

(regarding regulation of polychlorinated

biphenyls or PCBs).

Express Conflicts

The Supremacy Clause of the U.S.

Constitution would operate in addition to

express preemption: “conflict preemption”

could be implied under certain

circumstances.a

S. 697 also addresses inconsistent

restrictions in its exception for

requirements under certain state or local

environmental laws, discussed below.

H.R. 2576 would add to the background

Supremacy Clause principles, in the provisions

preserving existing state chemical programs

and restrictions and the other exceptions

described below, language allowing

preemption if EPA’s requirement “actually

conflicts” with the state or local requirement.b

Preservation of Existing

State Chemical

Programs and

Restrictions

Under both bills, states and localities could continue to enforce actions taken before August

1, 2015, under the authority of a state law, restricting manufacturing, processing, distribution

in commerce, use, or disposal of a chemical, and would not be preempted by any EPA action

on that chemical. (Local ordinances issued under general local government authority, as well

as requirements that are not restrictions, could be subject to preemption.) This provision

would grandfather many existing state chemical restrictions from the possibility of

preemption by TSCA, but not, for example, any future chemical restrictions that might be

issued under states’ existing green chemistry statutes.

States and localities could also continue to enforce actions taken at any time under longstanding state laws in effect by August 31, 2003, such as California’s Proposition 65.

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Preemption in Proposed Amendments to the Toxic Substances Control Act

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Exceptions from

Preemption for State

Reporting and

Monitoring

Requirements

S. 697 would expressly exempt from

preemption any state or local requirement

or other action implementing a reporting,

monitoring, disclosure, or other

information obligation for the chemical

substance not otherwise required under

TSCA or other federal law.

To the extent state or local requirements for

reporting or monitoring of chemicals were

designed for information gathering, and not

for testing for purposes similar to an EPA

testing rule or for protection against

exposure, they would not be within the scope

of H.R. 2576’s preemption. Courts would

have to interpret whether particular state or

local reporting or disclosure requirements

were “designed to protect against exposure.”

Exception from

Preemption for State

Requirements Identical

to Federal

Requirements

As in current TSCA, a state or local requirement identical to a requirement prescribed by

EPA would not be preempted, allowing for co-enforcement. New provisions on penalties and

sanctions would differ somewhat between the two bills but would generally aim to avoid

duplicative penalties by preventing states from assessing a penalty for a violation for which

EPA had already assessed a penalty.

Provision

S. 697 would cap the penalties and

sanctions available to states at the level

available to EPA. EPA could not assess a

penalty for a violation for which a state had

already assessed a penalty.

Exception from

Preemption for

Requirements Under

Other Federal Laws

State or local requirements or various

other actions adopted or authorized under

the authority of any other federal law, or

adopted to satisfy or obtain authorization

or approval under any other federal law,

would be shielded from preemption. This

language is somewhat broader than current

TSCA, which is limited to “requirement[s]

… adopted under” the authority of any

other federal law.

Congressional Research Service

H.R. 2576 would allow available state penalties

and sanctions to be more stringent than those

available to EPA; it would also allow EPA to

assess a penalty for a violation for which a

state had already assessed a penalty so long as

the combined total of the penalties did not

exceed the maximum that EPA could assess.

This exception would not extend to testing

requirements for purposes similar to an EPA

testing requirement.

The H.R. 2576 exception would be similar to

current TSCA: state or local requirements

adopted under the authority of any other

federal law would be shielded from

preemption. However, this exception would

not extend to testing requirements for

purposes similar to an EPA testing

requirement.

8

Preemption in Proposed Amendments to the Toxic Substances Control Act

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Exceptions from

Preemption for

Disposal-Related

Requirements or

Requirements Under

Certain State or Local

Environmental Laws

State or local chemical requirements or

actions adopted pursuant to state or local

authority related to waste treatment or

disposal would not be preempted;

restrictions on disposal are not included

within the scope of preempted actions.

Requirements or actions adopted pursuant

to authority under a state or local law

related to water quality or air quality also

would not be preempted.

However, to the extent such requirement

or action, in fact, imposes a restriction on

the manufacture, processing, distribution in

commerce, or use of a chemical, it would

be preempted if it (a) addresses the same

hazards, exposures, and use conditions as

EPA’s safety determination, but is

inconsistent with EPA’s action; or (b)

would cause a violation of the EPA action.

State or local requirements “related to waste

treatment or waste disposal” would not be

preempted, and EPA disposal-related

requirements would not have preemptive

effect.

State or local chemical requirements

“adopted to protect air or water quality”

would not be preempted. This phrase is

worded somewhat more narrowly than the

comparable phrase in S. 697, because while S.

697 extends to actions under authorities

“related to” air or water quality, H.R. 2576

would require the actions to be adopted “to

protect” them; H.R. 2576 would thus require

purpose, as opposed to relation.

Like the exception above, these exceptions

would not extend to any testing requirements

for purposes similar to an EPA testing

requirement.

Savings Clause for

Various Rights, Causes

of Action and Remedies

S. 697 would protect the following from

being preempted by EPA actions under

TSCA as amended by S. 697:

- any federal or state common law rights

or statute creating either a remedy for

civil relief (including civil damages), or a

penalty for a criminal conduct,

- any cause of action for any injury based

on any legal theory of liability.

S. 697 does not address interpretation of

contracts, except to the extent that

contracts would be addressed by common

law rights or statutes creating remedies or

within any “legal theory of liability.”

While similar in many respects to the

comparable provision in S. 697, H.R. 2576’s

savings clause would protect the following

from being preempted or otherwise affected by

EPA actions under TSCA, as amended by H.R.

2576:

- federal or state tort law or the law

governing the interpretation of contracts,

including any remedy for civil relief

(including civil damages), whether under

statutory or common law, and

- any cause of action for any injury based on

any “legal theory relating to tort law.”

“Requirements” do not include tort actions

for damages under state law.

Savings Clause for Use

of EPA Determinations

as Evidence in Civil

Actions

Actions by EPA under TSCA as amended

by S. 697 (such as a determination that a

chemical meets or does not meet the

safety standard) cannot be interpreted as

dispositive in any civil action in any federal

or state court. (Note, however, that such

EPA actions, while not dispositive, could

still influence a federal or state court’s

determination if used as evidence.)

TSCA as amended by S. 697 would not

affect the authority of any court to make a

determination in an adjudicatory

proceeding with respect to the admissibility

of evidence.

It is “not the intent of Congress” that actions

by EPA under TSCA as amended by H.R. 2576

be interpreted as “influencing … the

disposition” of any civil action for damages.

However, use of EPA actions as evidence

would be left to courts. In H.R. 2576, this

provision is limited to state courts.

As with S. 697, TSCA as amended by H.R.

2576 would not affect the authority of any

state court to make a determination in an

adjudicatory proceeding with respect to the

admissibility of evidence.

Provision

Congressional Research Service

9

Preemption in Proposed Amendments to the Toxic Substances Control Act

Provision

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Scope and Timing of Preemption Based on EPA Actions

New Chemicals

S. 697 does not provide for preemption on

the basis of EPA orders or consent

agreements under amended TSCA Section

5 for new chemicals, unless such actions

require the development of information on

the chemical (see “Testing,” below).

S. 697 contrasts in this respect with

current TSCA, which provides that, subject

to exceptions, any EPA rule or order for a

new chemical under Section 5, designed to

protect against a risk of injury to health or

the environment, preempts state or local

requirement designed to protect against

that same risk.

H.R. 2576 would not substantively amend

TSCA Section 5.

Subject to exceptions (see above), any EPA

rule or order for a new chemical under TSCA

Section 5, promulgated or issued after

enactment of H.R. 2576 and designed to

protect against a risk of injury to health or the

environment, would preempt state or local

requirements designed to protect against

exposure to that chemical from any use that

had been identified in that chemical’s

premanufacture notification (PMN), as PMNs

are “received by [EPA] under [TSCA] section

5(a).” This exposure- and use-based scope of

preemption differs from current TSCA’s

preemption of requirements designed to

protect against the same risk as an EPA

requirement. (PMNs must contain information

on proposed categories of use, to the extent

known to or reasonably ascertainable by the

submitter.)

Significant New Uses

Similar to current TSCA, Section 5 as

amended by S. 697 would authorize EPA to

declare certain non-ongoing uses of

chemicals “significant new uses” by rule

(Significant New Use Rule, or SNUR) and

require a Significant New Use Notification

(SNUN) 90 days prior to any

manufacturing (including importing) or

processing of that chemical for that

significant new use.

A SNUR issued by EPA for a chemical after

enactment of S. 697 would narrowly

preempt state or local requirements for

notification of the use that EPA designated

as a significant new use for that chemical,

beginning on the effective date of the

SNUR, and subject to exceptions (see

above). Any state or local requirements for

the chemical other than use notification

requirements would not be preempted by

the SNUR.

Preemption would depend in part on whether

a SNUR was deemed to be “designed to

protect against a risk of injury to health or the

environment.”

If so, then subject to exceptions (see above), a

SNUR for a chemical promulgated by EPA

after enactment of H.R. 2576 would preempt

requirements designed to protect against

exposure to that chemical from “a use

identified in a notice received by [EPA] under

[TSCA] section 5(a).” As noted above, this

would extend to ongoing uses identified in any

PMN for the chemical as well as in any new

uses identified in any SNUN submitted for the

chemical.

If a SNUR was deemed to be designed to give

EPA an opportunity for evaluation and not to

protect against risk, then it would not have

preemptive effect. This interpretation, while

possible, appears less likely given EPA’s use of

SNURs to date.

Congressional Research Service

10

Preemption in Proposed Amendments to the Toxic Substances Control Act

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Testing

If EPA promulgated a rule, issued an order,

or entered into a consent agreement

requiring development of information (such

as by testing) on a chemical under Sections

4, 5, or 6 as amended by S. 697, that EPA

requirement would preempt state or local

information development requirements for

that chemical that would be reasonably

likely to produce the same information as

the EPA requirement, subject to

exceptions (see above).

H.R. 2576 would retain current TSCA Section

18(a)(2)(A), which provides that if EPA

promulgates a rule under TSCA Section 4

requiring testing on a chemical, that rule

would preempt state or local testing

requirements for that chemical for purposes

similar to those of the EPA rule. H.R. 2576

would change “rule” to “rule, order, or

consent agreement” (but would not change

the lack of preemptive effect of pre-enactment

testing orders or consent agreements).

Exceptions for identical requirements or for

requirements under other federal or certain

state laws would not apply, nor waivers for

the most part (see below), but actions taken

under state laws in effect in 2003 would be

preserved (see above).

EPA Prioritization and

Assessment; New State

or Local Restrictions

Subject to exceptions (see above), S. 697

would preempt a state or locality from

establishing a new restriction (other than

on disposal) on a chemical designated by

EPA as a high priority for safety assessment

under new Section 4A, beginning when

EPA defined the scope of the safety

assessment, and continuing while EPA

conducted the assessment.

S. 697 would require EPA to publish the

scope of the safety assessment and safety

determination as soon as practicable and

no later than six months after the date on

which EPA designated the chemical a high

priority. Until that publication, states and

localities could enact new restrictions that

would not be preempted.

Preemption under this provision would last

until EPA completed the safety assessment

and safety determination for the chemical;

at that time, preemption would either

continue, if EPA found the chemical to

meet the safety standard, or be temporarily

lifted, if EPA found the chemical not to

meet the safety standard, as described

below. S. 697 would require EPA to

complete a safety assessment and safety

determination not later than three years

after the date of a chemical’s high-priority

designation, subject to extension.

EPA’s designation of a chemical as a low

priority would not preempt any state or

local requirements.

No preemption provision. States and localities

could establish new restrictions on chemicals

during the period in which EPA evaluated a

chemical.

(H.R. 2576 does not set forth a specific

prioritization process, although as discussed at

a hearing, EPA could likely continue its

existing prioritization efforts, the TSCA Work

Plan for Chemical Assessments. Instead of

high priority and low priority lists, EPA would

be required to complete a risk evaluation

within three years, subject to extension, after:

- EPA determined the chemical may present

an unreasonable risk of injury to health or

the environment because of potential

hazard and a potential route of exposure,

- EPA began the evaluation on a chemical on

its Work Plan, or

- a manufacturer of the chemical requested a

risk evaluation.)

Provision

Congressional Research Service

11

Preemption in Proposed Amendments to the Toxic Substances Control Act

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

EPA Completion of Risk

Assessment;

Determination that

Chemical Does Not

Present Unreasonable

Risk

If EPA made a final determination under

amended Section 6(c) that a chemical

meets the safety standard (that is, will not

result in an unreasonable risk from

exposure under the intended conditions of

use, as further defined in S. 697), that

safety determination would preempt state

and local restrictions (but not disposal

restrictions or other requirements) for the

uses included within the scope of EPA’s

safety determination. Exceptions could

apply (see above).

If EPA made a final determination under

amended Section 6(b) that a chemical will not

present an unreasonable risk under the

intended condition of use, EPA’s

determination would preempt state and local

requirements designed to protect against

exposure to the chemical under intended

conditions of use that EPA had considered in

the risk evaluation, and to apply under such

conditions of use. Requirements not designed

to protect against exposure would therefore

not be preempted, but state or local disposal

requirements could potentially be preempted.

Exceptions could apply (see above).

EPA Completion of Risk

Assessment;

Determination that

Chemical Presents

Unreasonable Risk

If EPA made a final determination under

amended Section 6(c) that a chemical does

not meet the safety standard (that is,

presents an unreasonable risk from

exposure under the intended conditions of

use), the preemption of new state or local

requirements by EPA’s safety assessment of

high priority chemicals (see above) would

stop. EPA’s negative safety determination

would preclude preemption of new or

existing state or local requirements until

the effective date of an EPA rule restricting

the chemical under amended TSCA Section

6(d).

After a negative safety determination, EPA

would be required to promulgate a rule

within two years of completing the

negative safety determination, subject to

extension.

If EPA made a final determination under

amended Section 6(b) that a chemical presents

or will present an unreasonable risk from

exposure under the intended conditions of

use, that negative determination would not

preempt state or local requirements. State or

local requirements designed to protect against

exposure to the chemical under intended

conditions of use considered by EPA in the

risk evaluation would not be preempted until

the effective date of an EPA rule restricting

the chemical under amended TSCA Section

6(a).

After a negative determination, EPA would be

required to promulgate a rule within 180 days

after publication of the determination, subject

to extension.

EPA Rulemaking and

Imposition of

Requirements on a

Chemical; Scope of

Preemption

If EPA imposed any requirement on a

chemical by rule under amended Section 6,

then any non-identical, non-disposal-related

state or local prohibition or restriction also

applicable to that chemical (or to an article

containing the chemical) would be

preempted consistent with the scope of

the safety determination. Preemption

would be limited to the uses or conditions

of use included in the scope of the rule, but

would apply to state or local requirements

whether designed to protect against

exposure (as under H.R. 2576) or designed

to manage risk by some other means.

Exceptions could apply (see above).

If EPA imposed any requirement by rule under

amended Section 6 (other than a disposalrelated requirement) designed to protect

against a risk associated with a chemical, then

any non-identical state or local requirement

also applicable to that chemical (or to an

article because the article contains the

chemical), and designed to protect against

exposure to the chemical under the intended

conditions of use considered by EPA in the

chemical’s risk evaluation, would be

preempted. The requirement would not

necessarily have to be a “restriction” on the

manufacture, processing, distribution in

commerce or use of a chemical, as under S.

697, although presumably most

“requirement[s] … designed to protect

against exposure” would be restrictions.

Exceptions could apply (see above).

Provision

Congressional Research Service

12

Preemption in Proposed Amendments to the Toxic Substances Control Act

Provision

EPA Rulemaking and

Imposition of

Requirements on a

Chemical; Timing of

Preemption

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Preemption would start on the EPA

requirement’s “effective date.” It could be

a matter of interpretation whether this

would necessarily be the date that full

compliance with the EPA rule’s

requirements would be mandatory, if EPA

set an “effective date” earlier than when all

requirements would be enforced. (Section

6 as amended by S. 697 would require

rules under that section to include “dates

by which compliance is mandatory,” which

must be “as soon as practicable.”)

Preemption would start on the EPA

requirement’s “effective date” which possibly

could differ from the date that compliance

with all the EPA rule’s requirements became

mandatory. (H.R. 2576 would retain TSCA’s

requirement that EPA “specify in any [Section

6] rule … the date on which it shall take

effect, which date shall be as soon as feasible,”

and would add a provision requiring that “any

rule … shall provide for a reasonable

transition period.”)

Exemptions or Waivers from Otherwise Applicable Preemption

Discretionary

Exemptions for States

or Localities

S. 697 would add a new TSCA Section

18(f) governing state exemptions (or

waivers) in greater detail than current

TSCA, with provisions for both

discretionary and required waivers.

Upon application of a state or locality, the

EPA Administrator (non-delegable) could,

in his or her discretion, promulgate a rule

exempting from preemption a chemical

restriction relating to effects of or

exposure to a chemical, under such

conditions as EPA would prescribe, if EPA

determined that:

(1) compelling state or local conditions

warrant granting the waiver to protect

health or the environment;

(2) requirement would not unduly burden

interstate commerce;

(3) the requirement would not cause a

violation of federal law; and

(4) the requirement is consistent with

sound objective scientific practices, the

weight of the evidence, and the best

available science.

The Administrator would have to decide

on an application within 180 days.

Congressional Research Service

H.R. 2576 would retain current TSCA Section

18(b), which allows for discretionary waivers.

EPA (not specifically limited to the

Administrator in a non-delegable capacity) in

its discretion, upon application of a state or

locality, could issue a rule exempting a state

or local chemical restriction (but not a testing

requirement unless designed to protect

against risk) from preemption, under such

conditions as EPA may prescribe, if EPA

determined that:

(1) compliance with the state or local

requirement would not cause a violation of

the federal requirement;

(2) the state or local requirement provides a

significantly higher degree of protection from

risk than the EPA requirement; and

(3) the state or local requirement does not,

through difficulties in marketing, distribution,

or other factors, unduly burden interstate

commerce.

Unlike S. 697, there is no specific requirement

for waivers to be consistent with any scientific

criteria. No timeline for exemption decisions

is provided.

13

Preemption in Proposed Amendments to the Toxic Substances Control Act

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Required Exemptions

for States or Localities

The Administrator would be required to

grant an exemption application for a state

or local requirement relating to the effects

of exposure to a chemical if conditions (2)

and (3) above were met and the state or

locality “has a concern about the chemical

substance or use of the chemical substance

based in peer-reviewed science.”

Rulemaking would not be required,

although public notice and opportunity for

comment generally would be.

The Administrator would have to decide

on an application made on this basis within

90 days, or approval would be automatic.

Approval would also be automatic if EPA

missed its deadline for completing a safety

determination.

No comparable provision.

Judicial Review of State

or Local Waiver

Decisions

Any person could petition for judicial

review within 60 days of a decision of the

administrator on exemptions, or a failure

to meet the 180 or 90 day deadline.

Judicial review of EPA’s exemption decisions

would be governed by the Administrative

Procedure Act;c TSCA does not have, and

H.R. 2576 would not add, any specific

provision regarding judicial review of EPA

decisions on state exemptions.

Critical Use Exemptions

from EPA Rules; Effect

on Preemption

In general, EPA would be authorized to

exempt uses of a chemical from any

restriction in a Section 6 rule if EPA made

any of several determinations and imposed

conditions in a rule exempting such uses.

State and local restrictions on the

exempted uses apparently still would be

preempted by the rule from which the uses

were exempted, unless the uses were

excluded from the scope of the Section 6

rule itself.

H.R. 2576 would authorize comparable critical

use exemptions, but with different EPA

determinations. Also, a rule would not be

required, but the exemption could be granted

only after public notice and opportunity for

comment.

State and local restrictions on the exempted

uses apparently still would be preempted by

the rule from which the uses were exempted.

Exclusion of any uses from the scope of the

Section 6 rule also apparently would not affect

preemption.

Provision

Congressional Research Service

14

Preemption in Proposed Amendments to the Toxic Substances Control Act

Provision

S. 697, Frank R. Lautenberg Chemical

Safety for the 21st Century Act

(Ordered to be Reported out of

Committee April 28, 2015)

H.R. 2576, the TSCA Modernization Act

of 2015

(Ordered to be Reported out of Committee

June 3, 2015)

Other Provisions Related to State-Federal Relationship

Consideration of State

Recommendations

S. 697, in a new Section 4A of TSCA on

prioritization of chemicals for evaluation,

would require EPA to consider information

and recommendations submitted by a state

governor or agency regarding a chemical in

making prioritization decisions regarding

that chemical.

No comparable provision.

State Notification Duty

Under new Section 4A, states would be

required to inform EPA if they proposed or

enacted a new restriction on a chemical

EPA had not designated as high priority.

No comparable provision.

Disclosure of

Confidential

Information to States

Under amended Section 14, EPA would be

required to disclose confidential

information to a state or locality (S. 697

does not include tribes), on written

request, for development, administration,

or enforcement of a law if agreements

ensure that the state or locality can and

will protect the information, and EPA

notifies the submitter of the disclosure.

EPA would also have to disclose

confidential information on request in

emergency situations, subject to certain

conditions, or to state health or

environmental professionals who provided

an adequate statement of need.

Under amended Section 14, EPA would be

authorized to disclose confidential information

to a state, on request, to a state, local, or

tribal official for administration or

enforcement (but not development) of a law.

EPA would also have to disclose confidential

information on request to state health or

environmental professionals in response to an

environmental release.

Source: CRS analysis of S. 697 and H.R. 2576.

Notes: S. 725, the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act, would eliminate express

preemption from TSCA entirely and is not included in this Table.

a. U.S. CONST. art. VI, cl. 2; report footnote 2, supra.

b. An amendment changing the “[EPA action] actually conflicts with …” standard to a standard of “impossible

… to comply with both the State requirement and” an EPA action was withdrawn at the committee

markup. See House Energy and Commerce Committee, Full Committee Vote on the TSCA Modernization

Act and FCC Process Reform Act (June 3, 2015), https://energycommerce.house.gov/markup/fullcommittee-vote-tsca-modernization-act-and-fcc-process-reform-act.

c. 5 U.S.C. tit. 7.

Author Contact Information

(name redacted)

Legislative Attorney

[redacted]@crs.loc.gov

, 7-....

Congressional Research Service

15

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