6 CFR § 27.405 - Review and preemption of State laws and regulations.

§ 27.405 Review and preemption of State laws and regulations.

(a) As per current law, no law, regulation, or administrative action of a State or political subdivision thereof, or any decision or order rendered by a court under State law, shall have any effect if such law, regulation, or decision conflicts with, hinders, poses an obstacle to, or frustrates the purposes of this regulation or of any approval, disapproval, or order issued there under.

(1) Nothing in this part is intended to displace other federal requirements administered by the Environmental Protection Agency, U.S. Department of Justice, U.S. Department of Labor, U.S. Department of Transportation, or other federal agencies.

(2) [Reserved]

(b) State law, regulation, or administrative action defined. For purposes of this section, the phrase “State law, regulation, or administrative action” means any enacted law, promulgated regulation, ordinance, administrative action, order, decision, or common law standard of a State or any of its political subdivisions.

(c) Submission for review. Any chemical facility covered by these regulations and any State may petition the Department by submitting a copy of a State law, regulation, administrative action, decision, or order of a court for review under this section.

(d) Review and opinion—(1) Review. The Department may review State laws, administrative actions, opinions, or orders of a court under State law and regulations submitted under this section, and may offer an opinion whether the application or enforcement of the State law or regulation would conflict with, hinder, pose an obstacle to, or frustrate the purposes of this part.

(2) Opinion. The Department may issue a written opinion on any question regarding preemption. If the question was submitted under subsection (c) of this part, the Executive Assistant Director will notify the affected chemical facility and the Attorney General of the subject State of any opinion under this section.

(3) Consultation with States. In conducting a review under this section, the Department will seek the views of the State or local jurisdiction whose laws may be affected by the Department's review.

[72 FR 17729, Apr. 9, 2007, as amended at 86 FR 41893, Aug. 4, 2021]