Industry Fears TSCA ‘Concern’ List Could Drive Liability Over Export Notices

The April 27, 2010, issue of InsideEPA.com’s Risk Policy Report quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) development of a Toxic Substances Control Act (TSCA) list of chemicals of concern. According to Bergeson, the concern list could have “broad compliance implications,” depending on whether EPA requires companies who produce chemicals on the list to file export notifications. Charles M. Auer, now affiliated with Bergeson & Campbell, P.C., stated that a listing could also have “a potentially significant effect on the way that listed chemicals are perceived and treated.”