EPA Funding Seen as Linchpin for Talks On State Preemption Under Amended TSCA

States see no reason to accept federal preemption of their authority to regulate chemicals if the Environmental Protection Agency is inadequately funded under legislation to modernize the Toxic Substances Control Act, the executive director of the Environmental Council of the States said Feb. 5.

“Why should we be preempted if we end up with a barely funded, ineffective program? Preemption is a big give,” said Alex Dunn, who also is the general counsel for state environmental group.

Companies may be willing to pay user fees if a TSCA reform package includes language that preempts state regulation of chemicals, said Herb ...