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June 17, 2016
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article “California Agency To Look At TSCA Reform Impacts On Safer Consumer Products Effort”

On June 17, 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 to Look at TSCA Reform Impacts on Safer Consumer Products Effort.”

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.


 
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