---
kind: "section"
citation: "15 U.S.C. § 2617"
title: "15"
title_heading: "Commerce and Trade"
number: "2617"
heading: "Preemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2617"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter I — Control of Toxic Substances"
---

# §2617. Preemption

- (a) **In general—**
  - (1) **Establishment or enforcement—** Except as otherwise provided in subsections [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), and [(g)](#g), and subject to [paragraph (2)](#a-2), no [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) may establish or continue to enforce any of the following:
    - (A) **Development of information—** A statute or administrative action to require the development of information about a [chemical substance](/usc/15/2602.md?p=2-A) or category of [chemical substances](/usc/15/2602.md?p=2-A) that is reasonably likely to produce the same information required under section [2603](/usc/15/2603.md), [2604](/usc/15/2604.md), or [2605](/usc/15/2605.md) of this title in—
      - (i) a rule promulgated by the [Administrator](/usc/15/2602.md?p=1);
      - (ii) a consent [agreement](/usc/15/7a.md?p=2) entered into by the [Administrator](/usc/15/2602.md?p=1); or
      - (iii) an order issued by the [Administrator](/usc/15/2602.md?p=1).
    - (B) **Chemical substances found not to present an unreasonable risk or restricted—** A statute, criminal penalty, or administrative action to prohibit or otherwise restrict the [manufacture](/usc/15/2602.md?p=9), processing, or [distribution in commerce](/usc/15/2602.md?p=5) or use of a [chemical substance](/usc/15/2602.md?p=2-A)—
      - (i) for which the determination described in [section 2605(i)(1) of this title](/usc/15/2605.md?p=i-1) is made, consistent with the scope of the risk evaluation under [section 2605(b)(4)(D)](/usc/15/2605.md?p=b-4-D)[^1] of this title; or
      - (ii) for which a final rule is promulgated under [section 2605(a) of this title](/usc/15/2605.md?p=a), after the effective date of the rule issued under [section 2605(a) of this title](/usc/15/2605.md?p=a) for the [chemical substance](/usc/15/2602.md?p=2-A), consistent with the scope of the risk evaluation under [section 2605(b)(4)(D)](/usc/15/2605.md?p=b-4-D)[^1] of this title.
    - (C) **Significant new use—** A statute or administrative action requiring the notification of a use of a [chemical substance](/usc/15/2602.md?p=2-A) that the [Administrator](/usc/15/2602.md?p=1) has specified as a significant new use and for which the [Administrator](/usc/15/2602.md?p=1) has required notification pursuant to a rule promulgated under [section 2604 of this title](/usc/15/2604.md).
  - (2) **Effective date of preemption—** Under this subsection, Federal preemption of statutes and administrative actions applicable to specific [chemical substances](/usc/15/2602.md?p=2-A) shall not occur until the effective date of the applicable action described in [paragraph (1)](#a-1) taken by the [Administrator](/usc/15/2602.md?p=1).
- (b) **New statutes, criminal penalties, or administrative actions creating prohibitions or other restrictions—**
  - (1) **In general—** Except as provided in subsections [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), and [(g)](#g), beginning on the date on which the [Administrator](/usc/15/2602.md?p=1) defines the scope of a risk evaluation for a [chemical substance](/usc/15/2602.md?p=2-A) under [section 2605(b)(4)(D) of this title](/usc/15/2605.md?p=b-4-D) and ending on the date on which the deadline established pursuant to [section 2605(b)(4)(G) of this title](/usc/15/2605.md?p=b-4-G) for completion of the risk evaluation expires, or on the date on which the [Administrator](/usc/15/2602.md?p=1) publishes the risk evaluation under [section 2605(b)(4)(C) of this title](/usc/15/2605.md?p=b-4-C), whichever is earlier, no [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) may establish a statute, criminal penalty, or administrative action prohibiting or otherwise restricting the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), or use of such [chemical substance](/usc/15/2602.md?p=2-A) that is a high-priority substance designated under [section 2605(b)(1)(B)(i) of this title](/usc/15/2605.md?p=b-1-B-i).
  - (2) **Effect of subsection—** This subsection does not restrict the authority of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) to continue to enforce any statute enacted, criminal penalty assessed, or administrative action taken, prior to the date on which the [Administrator](/usc/15/2602.md?p=1) defines and publishes the scope of a risk evaluation under [section 2605(b)(4)(D) of this title](/usc/15/2605.md?p=b-4-D).
- (c) **Scope of preemption—** Federal preemption under subsections [(a)](#a) and [(b)](#b) of statutes, criminal penalties, and administrative actions applicable to specific [chemical substances](/usc/15/2602.md?p=2-A) shall apply only to—
  - (1) with respect to [subsection (a)(1)(A)](#a-1-A), the [chemical substances](/usc/15/2602.md?p=2-A) or category of [chemical substances](/usc/15/2602.md?p=2-A) subject to a rule, order, or consent [agreement](/usc/15/7a.md?p=2) under section [2603](/usc/15/2603.md), [2604](/usc/15/2604.md), or [2605](/usc/15/2605.md) of this title;
  - (2) with respect to [subsection (b)](#b), the hazards, exposures, risks, and uses or [conditions of use](/usc/15/2602.md?p=4) of such [chemical substances](/usc/15/2602.md?p=2-A) included in the scope of the risk evaluation pursuant to [section 2605(b)(4)(D) of this title](/usc/15/2605.md?p=b-4-D);
  - (3) with respect to [subsection (a)(1)(B)](#a-1-B), the hazards, exposures, risks, and uses or [conditions of use](/usc/15/2602.md?p=4) of such [chemical substances](/usc/15/2602.md?p=2-A) included in any final action the [Administrator](/usc/15/2602.md?p=1) takes pursuant to section [2605(a)](/usc/15/2605.md?p=a) or [2605(i)(1)](/usc/15/2605.md?p=i-1) of this title; or
  - (4) with respect to [subsection (a)(1)(C)](#a-1-C), the uses of such [chemical substances](/usc/15/2602.md?p=2-A) that the [Administrator](/usc/15/2602.md?p=1) has specified as significant new uses and for which the [Administrator](/usc/15/2602.md?p=1) has required notification pursuant to a rule promulgated under [section 2604 of this title](/usc/15/2604.md).
- (d) **Exceptions—**
  - (1) **No preemption of statutes and administrative actions—**
    - (A) **In general—** Nothing in this chapter, nor any amendment made by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, nor any rule, standard of performance, risk evaluation, or scientific assessment implemented pursuant to this chapter, shall affect the right of a [State](/usc/15/2602.md?p=16) or a political subdivision of a [State](/usc/15/2602.md?p=16) to adopt or enforce any rule, standard of performance, risk evaluation, scientific assessment, or any other protection for public health or the [environment](/usc/15/2602.md?p=6) that—
      - (i) is 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;
      - (ii) implements a reporting, monitoring, or other information obligation for the [chemical substance](/usc/15/2602.md?p=2-A) not otherwise required by the [Administrator](/usc/15/2602.md?p=1) under this chapter or required under any other Federal law;
      - (iii) is adopted pursuant to authority under a law of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) related to water quality, air quality, or waste treatment or disposal, except to the extent that the action—
        - (I) imposes a restriction on the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), or use of a [chemical substance](/usc/15/2602.md?p=2-A); and
        - (II)
          - (aa) addresses the same hazards and exposures, with respect to the same [conditions of use](/usc/15/2602.md?p=4) as are included in the scope of the risk evaluation published pursuant to [section 2605(b)(4)(D) of this title](/usc/15/2605.md?p=b-4-D), but is inconsistent with the action of the [Administrator](/usc/15/2602.md?p=1); or
          - (bb) would cause a violation of the applicable action by the [Administrator](/usc/15/2602.md?p=1) under section [2604](/usc/15/2604.md) or [2605](/usc/15/2605.md) of this title; or
      - (iv) subject to [subparagraph (B)](#d-1-B), is identical to a requirement prescribed by the [Administrator](/usc/15/2602.md?p=1).
    - (B) **Identical requirements—**
      - (i) **In general—** The penalties and other sanctions applicable under a law of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) in the event of noncompliance with the identical requirement shall be no more stringent than the penalties and other sanctions available to the [Administrator](/usc/15/2602.md?p=1) under [section 2615 of this title](/usc/15/2615.md).
      - (ii) **Penalties—** In the case of an identical requirement—
        - (I) a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) may not assess a penalty for a specific violation for which the [Administrator](/usc/15/2602.md?p=1) has assessed an adequate penalty under [section 2615 of this title](/usc/15/2615.md); and
        - (II) if a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) has assessed a penalty for a specific violation, the [Administrator](/usc/15/2602.md?p=1) may not assess a penalty for that violation in an amount that would cause the total of the penalties assessed for the violation by the [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) and the [Administrator](/usc/15/2602.md?p=1) combined to exceed the maximum amount that may be assessed for that violation by the [Administrator](/usc/15/2602.md?p=1) under [section 2615 of this title](/usc/15/2615.md).
  - (2) **Applicability to certain rules or orders—**
    - (A) **Prior rules and orders—** Nothing in this section shall be construed as modifying the preemptive 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 chapter prior to that effective date.
    - (B) **Certain chemical substances and mixtures—** With respect to a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) for which any rule or order was promulgated or issued under [section 2605 of this title](/usc/15/2605.md) prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act with respect to manufacturing, processing, [distribution in commerce](/usc/15/2602.md?p=5), use, or disposal of the [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), nothing in this section shall be construed as modifying the preemptive effect of this section as in effect prior to the enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act of any rule or order that is promulgated or issued with respect to such [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) under [section 2605 of this title](/usc/15/2605.md) after that effective date, unless the latter rule or order is with respect to a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) containing a [chemical substance](/usc/15/2602.md?p=2-A) and follows a designation of that [chemical substance](/usc/15/2602.md?p=2-A) as a high-priority substance under [section 2605(b)(1)(B)(i) of this title](/usc/15/2605.md?p=b-1-B-i), the identification of that [chemical substance](/usc/15/2602.md?p=2-A) under [section 2605(b)(2)(A) of this title](/usc/15/2605.md?p=b-2-A), or the selection of that [chemical substance](/usc/15/2602.md?p=2-A) for risk evaluation under [section 2605(b)(4)(E)(iv)(II) of this title](/usc/15/2605.md?p=b-4-E-iv-II).
- (e) **Preservation of certain laws—**
  - (1) **In general—** Nothing in this chapter, subject to [subsection (g)](#g) of this section, shall—
    - (A) be construed to preempt or otherwise affect the authority of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) to continue to enforce any action taken or requirement imposed or requirement enacted relating to a specific [chemical substance](/usc/15/2602.md?p=2-A) before April 22, 2016, under the authority of a law of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) that prohibits or otherwise restricts manufacturing, processing, [distribution in commerce](/usc/15/2602.md?p=5), use, or disposal of a [chemical substance](/usc/15/2602.md?p=2-A); or
    - (B) be construed to preempt or otherwise affect any action taken pursuant to a [State](/usc/15/2602.md?p=16) law that was in effect on August 31, 2003.
  - (2) **Effect of subsection—** This subsection does not affect, modify, or alter the relationship between Federal law and laws of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) pursuant to any other Federal law.
- (f) **Waivers—**
  - (1) **Discretionary exemptions—** Upon application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16), the [Administrator](/usc/15/2602.md?p=1) may, by rule, exempt from [subsection (a)](#a), under such conditions as may be prescribed in the rule, a statute, criminal penalty, or administrative action of that [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) that relates to the effects of exposure to a [chemical substance](/usc/15/2602.md?p=2-A) under the [conditions of use](/usc/15/2602.md?p=4) if the [Administrator](/usc/15/2602.md?p=1) determines that—
    - (A) compelling conditions warrant granting the waiver to protect health or the [environment](/usc/15/2602.md?p=6);
    - (B) compliance with the proposed requirement of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) would not unduly burden interstate [commerce](/usc/15/2602.md?p=3) in the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), or use of a [chemical substance](/usc/15/2602.md?p=2-A);
    - (C) compliance with the proposed requirement of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) would not cause a violation of any applicable Federal law, rule, or order; and
    - (D) in the judgment of the [Administrator](/usc/15/2602.md?p=1), the proposed requirement of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) is designed to address a risk of a [chemical substance](/usc/15/2602.md?p=2-A), under the [conditions of use](/usc/15/2602.md?p=4), that was identified—
      - (i) consistent with the best available science;
      - (ii) using supporting studies conducted in accordance with sound and objective scientific practices; and
      - (iii) based on the weight of the scientific evidence.
  - (2) **Required exemptions—** Upon application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16), the [Administrator](/usc/15/2602.md?p=1) shall exempt from [subsection (b)](#b) a statute or administrative action of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) that relates to the effects of exposure to a [chemical substance](/usc/15/2602.md?p=2-A) under the [conditions of use](/usc/15/2602.md?p=4) if the [Administrator](/usc/15/2602.md?p=1) determines that—
    - (A)
      - (i) compliance with the proposed requirement of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) would not unduly burden interstate [commerce](/usc/15/2602.md?p=3) in the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), or use of a [chemical substance](/usc/15/2602.md?p=2-A);
      - (ii) compliance with the proposed requirement of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) would not cause a violation of any applicable Federal law, rule, or order; and
      - (iii) the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) has a concern about the [chemical substance](/usc/15/2602.md?p=2-A) or use of the [chemical substance](/usc/15/2602.md?p=2-A) based in peer-reviewed science; or
    - (B) no later than the date that is 18 months after the date on which the [Administrator](/usc/15/2602.md?p=1) has initiated the prioritization [process](/usc/15/2602.md?p=13) for a [chemical substance](/usc/15/2602.md?p=2-A) under the rule promulgated pursuant to [section 2605(b)(1)(A) of this title](/usc/15/2605.md?p=b-1-A), or the date on which the [Administrator](/usc/15/2602.md?p=1) publishes the scope of the risk evaluation for a [chemical substance](/usc/15/2602.md?p=2-A) under [section 2605(b)(4)(D) of this title](/usc/15/2605.md?p=b-4-D), whichever is sooner, the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) has enacted a statute or proposed or finalized an administrative action intended to prohibit or otherwise restrict the [manufacture](/usc/15/2602.md?p=9), processing, [distribution in commerce](/usc/15/2602.md?p=5), or use of the [chemical substance](/usc/15/2602.md?p=2-A).
  - (3) **Determination of a waiver request—** The duty of the [Administrator](/usc/15/2602.md?p=1) to grant or deny a waiver application shall be nondelegable and shall be exercised—
    - (A) not later than 180 days after the date on which an application under [paragraph (1)](#f-1) is submitted; and
    - (B) not later than 110 days after the date on which an application under [paragraph (2)](#f-2) is submitted.
  - (4) **Failure to make a determination—** If the [Administrator](/usc/15/2602.md?p=1) fails to make a determination under [paragraph (3)(B)](#f-3-B) during the 110-day period beginning on the date on which an application under [paragraph (2)](#f-2) is submitted, the statute or administrative action of the [State](/usc/15/2602.md?p=16) or political subdivision of the [State](/usc/15/2602.md?p=16) that was the subject of the application shall not be considered to be an existing statute or administrative action for purposes of [subsection (b)](#b) by reason of the failure of the [Administrator](/usc/15/2602.md?p=1) to make a determination.
  - (5) **Notice and comment—** Except in the case of an application approved under [paragraph (9)](#f-9), the application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) under this subsection shall be subject to public notice and comment.
  - (6) **Final agency action—** The decision of the [Administrator](/usc/15/2602.md?p=1) on the application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) shall be—
    - (A) considered to be a final agency action; and
    - (B) subject to judicial review.
  - (7) **Duration of waivers—** A waiver granted under [paragraph (2)](#f-2) or approved under [paragraph (9)](#f-9) shall remain in effect until such time as the [Administrator](/usc/15/2602.md?p=1) publishes the risk evaluation under [section 2605(b) of this title](/usc/15/2605.md?p=b).
  - (8) **Judicial review of waivers—** Not later than 60 days after the date on which the [Administrator](/usc/15/2602.md?p=1) makes a determination on an application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) under paragraph [(1)](#f-1) or [(2)](#f-2), any [person](/usc/15/7a.md?p=6) may file a petition for judicial review in the [United States](/usc/15/2602.md?p=17) Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over the determination.
  - (9) **Approval—**
    - (A) **Automatic approval—** If the [Administrator](/usc/15/2602.md?p=1) fails to meet the deadline established under [paragraph (3)(B)](#f-3-B), the application of a [State](/usc/15/2602.md?p=16) or political subdivision of a [State](/usc/15/2602.md?p=16) under [paragraph (2)](#f-2) shall be automatically approved, effective on the date that is 10 days after the deadline.
    - (B) **Requirements—** Notwithstanding [paragraph (6)](#f-6), approval of a waiver application under [subparagraph (A)](#f-9-A) for failure to meet the deadline under [paragraph (3)(B)](#f-3-B) shall not be considered final agency action or be subject to judicial review or public notice and comment.
- (g) **Savings—**
  - (1) **No preemption of common law or statutory causes of action for civil relief or criminal conduct—**
    - (A) **In general—** Nothing in this chapter, nor any amendment made by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, nor any standard, rule, requirement, standard of performance, risk evaluation, or scientific assessment implemented pursuant to this chapter, shall be construed to preempt, displace, or supplant any [State](/usc/15/2602.md?p=16) or Federal common law rights or any [State](/usc/15/2602.md?p=16) or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct.
    - (B) **Clarification of no preemption—** Notwithstanding any other provision of this chapter, nothing in this chapter, nor any amendments made by the Frank R. Lautenberg Chemical Safety for the 21st Century 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](/usc/15/2602.md?p=16) law, maritime law, or Federal common law or statutory theory.
  - (2) **No effect on private remedies—**
    - (A) **In general—** Nothing in this chapter, nor any amendments made by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, nor any rules, regulations, requirements, risk evaluations, scientific assessments, or orders issued pursuant to this chapter shall be interpreted as, in either the plaintiff’s or defendant’s favor, dispositive in any civil action.
    - (B) **Authority of courts—** This chapter does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable [State](/usc/15/2602.md?p=16) or Federal law with respect to the admission into evidence or any other use of this chapter or rules, regulations, requirements, standards of performance, risk evaluations, scientific assessments, or orders issued pursuant to this chapter.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 94–469, title I, § 18, Oct. 11, 1976, 90 Stat. 2038; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, § 13, June 22, 2016, 130 Stat. 492.)

## Notes

### Editorial Notes

### References in Text

Section 2605(b)(4)(D) of this title, referred to in subsec. (a)(1)(B)(i), (ii), was in the original “section (6)(b)(4)(D)”, and was translated as meaning section 6(b)(4)(D) of title I of Pub. L. 94–469 to reflect the probable intent of Congress.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, referred to in subsecs. (d)(1)(A), (2) and (g)(1), (2)(A), is Pub. L. 114–182, June 22, 2016, 130 Stat. 492. The effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act probably means the date of the enactment of the Act, which was approved June 22, 2016. For complete classification of this Act to the Code, see Short Title of 2016 Amendment note set out under section 2601 of this title and Tables.

### Amendments

2016—Subsec. (a). Pub. L. 114–182, § 13(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to effect of chapter on State law.

Subsec. (b). Pub. L. 114–182, § 13(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to exemption from required testing of chemical substances or mixtures.

Subsecs. (c) to (g). Pub. L. 114–182, § 13(3), added subsecs. (c) to (g).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.