EPA Extends Deadline on Input for Chemical CBI Status on the TSCA Inventory

ACA to Comment on EPA’s Priority Chemicals for TSCA Risk Evaluation

The U.S. Environmental Protection Agency (EPA) has published the agency’s proposed list of chemicals expected to lose confidential business information (CBI) status on the Toxic Substances Control Act (TSCA) Inventory. EPA is accepting comment on the list through June 30, 2021.

In April 2021, EPA posted a list of 390 chemicals by accession number expected to lose their CBI status, and asked stakeholders to notify the agency of any errors on the list. EPA extended the original deadline of May 14 to June 30 following request from stakeholders.

CBI is broadly defined as proprietary information, considered confidential to the submitter, the release of which would cause substantial business injury to the owner. Companies generally request CBI for confidential proprietary information believed to give other companies an advantage in the marketplace, such as details of their manufacturing processes and formulas. The 2016 TSCA amendments require EPA to review and make determinations regarding the validity of claims based on the criteria in the statute and regulations.

According to EPA, it plans to declassify the specific identities of these chemicals because they were reported as non-confidential by one or more manufacturers during the 2012, 2016, and/or 2020 CDR reporting periods — meaning that at least one manufacturer did not request that each of these chemical identities be kept confidential, effectively saying it is not a secret that the chemical is in U.S commerce. Additionally, the agency said it did an extensive review of each individual instance in which confidential status was not requested for these chemical identities in order to confirm the accuracy of the list.

On its website, the agency states the following:

EPA does acknowledge that some of the chemicals on this list may also have been reported or subject to reporting under the Active-Inactive rule referenced in the industry stakeholder requests. This rule required companies to identify chemicals that were manufactured, imported, or processed in the United States during the 10-year time period ending on June 21, 2016. The agency is aware that some entities have claimed there was submitter confusion and questions regarding confidentiality claims during the initial reporting period. However, for each of these 390 chemicals there is also one or more independent CDR-based (and EPA-validated) reason to consider the chemical identities to be no longer eligible for inclusion on the confidential portion of the Inventory. As EPA has historically done and in accordance with the CDR rule and with the requirements of Section 8 of TSCA, EPA intends to update the TSCA Inventory listings for these chemicals to list the specific chemical identities on the public portion of the Inventory during the summer of 2021.

Stakeholders with interest, questions, or concerns about this change in confidential are urged to contact the EPA staff listed here no later than June 30, 2021.

Contact ACA’s Riaz Zaman for more information.

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