California Flame Retardants Rule Could Be Early Test Of TSCA Preemption

California's proposal to regulate two flame retardant chemicals as "priority chemicals" under the state's green chemistry program could serve as an early test of the revised federal Toxic Substances Control Act's (TSCA) preemption of state programs, attorneys say, because EPA is already assessing the risks of several flame retardants. "It remains to be seen whether and to what extent the EPA assessments will lead to action that preempts California's proposed regulation, or whether California will request a preemption waiver notwithstanding...