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July 25, 2018

Lynn L. Bergeson Interviewed By Scott Tong of Marketplace Regarding TCE Ban

Bergeson & Campbell, P.C.

On July 24, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) was featured on the radio show Marketplace from American Public Media during a segment on the degreaser Trichloroethylene (TCE) and its status under the Toxic Substance Control Act (TSCA).  Reporter Scott Tong visited the site of a former ViewMaster toy plant outside of Portland, Oregon where TCE has been linked to cancer in some former employees.

Tong reported that the U.S. Environmental Protection Agency (EPA) classified TCE as a human carcinogen in 2011, and proposed banning certain uses of the degreaser in 2016 under TSCA.  Several industry groups have opposed EPA regulatory efforts to restrict these uses of the chemical.  EPA has more recently consolidated these regulatory initiatives with its risk evaluation of TCE as one of ten high priority risk evaluations conducted under TSCA as required under the 2016 amendments to TSCA.  Despite the delay in these regulatory actions, Tong stated that TCE is becoming less widespread as companies consider the perceived risks.

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Washington chemical law attorney Lynn Bergeson says the real world is already changing. Home Depot for instance is removing products that have TCE.  She says companies make these decisions often.  “They can make a decision based on their own appetite for risk, and their commitment to simply not supplying products that contain chemicals that are believed to pose risk because it is against their corporate creed.”

Listen to the segment:

The full July 24 episode of Marketplace can be streamed online.