• TSCA does not preempt states from requiring the development of new information or regulating a chemical for which the EPA has not taken action under TSCA.

To avoid potential conflict between federal requirements under the Toxic Substances Control Act (TSCA) and state requirements or restrictions on chemicals, TSCA identifies circumstances in which a federal requirement for a specific chemical under the Act would preempt state requirements that apply to the same chemical unless exempted or waived.

On the other hand, TSCA does not preempt states from requiring the development of new information or regulating a chemical for which the Environmental Protection Agency (EPA) has not taken action under TSCA. Additionally, TSCA authorizes EPA to award grants to states to take action to address unreasonable risk associated with a chemical that the agency is unable or not likely to address.