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June 16, 2016

Bloomberg BNA Daily Environment Report features comments by Lynn L. Bergeson On Conflicts Between TSCA Reform and California DTSC

Bergeson & Campbell, P.C.

On June 16, 2016, Lynn L, Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article, “California Agency Examining Impacts of TSCA-Reform Bill.”

Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions.

It wouldn’t extend to state laws that require reporting or monitoring.

“That said, TSCA preemption would appear to have its most potentially consequential impact on the Safer Consumer Products regulations,” Bergeson said. “This is not to say that impact will be extensive, but it would be consequential.”

For example, the Safer Consumer Products program is looking at paint strippers containing methylene chloride as part of its “initial priority products” effort, meaning it could regulate them down the road, Bergeson said.

The EPA also is considering rules restricting or banning methylene chloride’s use in paint strippers.

If both the DTSC and the EPA ultimately regulate the use of methylene chloride, contingent on the scope of each rule, the EPA’s rule would preempt California’s, she said.

The DTSC has waiver options, but the preemptive effect would apply, Bergeson said.