have required consumer product manufacturers to test for and report on chemicals of concern in their products. States have also banned certain chemicals from use in consumer products sold in those states. TSCA’s preemption changes essentially allow state laws on the books before April 2016 to stand. However, going forward, states will be significantly affected as they will not be able to pass new laws or enforce existing laws after EPA determines a chemical’s risk.

If EPA determines a chemical does not present a risk, states are preempted from taking action inconsistent with EPA’s decision. It will take some time to see how states with chemical regulation programs will respond to the new TSCA. While several states continued to oppose the final preemption provisions in TSCA, with EPA’s new authority it is likely that many of these states will see new chemical regulation statutes and rules and enforcement as a lower priority. However, some states have indicated they may take additional actions in the near-term before EPA uses its new authority to conduct risk reviews for existing chemicals. © 2016 Perkins Coie LLP CONTACTS Michael Dunning Partner Seattle D +1.206.359.3464 Julie A.

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