« Final Rule Issued for… | Home | Polymer Exemption to … »

EPA Changes CBI Allowances for TSCA 8(e) Notices

22 01 10 - 04:39

On January 21, 2010 the Environmental Protection Agency (EPA) issued a notice through the Federal Register regarding CBI (Confidential Business Information) claims for information submitted under Section 8(e) of the Toxic Substances Control Act (TSCA).   It is the EPA's intention going forward to reject certain confidentiality claims, specifically the chemical identity, where the substance is already non-confidentially listed on the TSCA inventory.  Section 8(e) submissions relate to new data and studies, which show substantial risk of existing materials to people's health and the environment.  In the past the information had been posted with the identity masked, if CBI was claimed; this will no longer be the case.  The intention of this change in policy is to make chemical information more transparent and readily available to the public.

UPDATE:  On  May 27, 2010, the EPA outlined plans to generally deny Confidential Business Information (CBI) claims for the identity of chemicals in health and safety studies filed under the Toxic Substances Control Act (TSCA), unless the chemical identity explicitly contains process information or discloses mixture information that is expressly protected under TSCA.  The EPA expects to begin reviews of confidentiality claims — both newly submitted and existing claims — in accordance with this guidance on August 25, 2010.