EPA Deadline for TSCA CBI Substantiation Now October 19
October 9, 2017 •
The U.S. Environmental Protection Agency (EPA) has extended the compliance date for those who made confidential business information (CBI) claims under the Toxic Substance Control Act (TSCA) for a select period to submit information to provide substantiation. For TSCA submissions containing information claimed as CBI that was filed between June 22, 2016 and March 21, 2017, submitters have until Oct. 19, 2017 to provide the required substantiation under TSCA section 14(c)(3). The original deadline had been Sept. 19, 2017.
According to EPA, this extension is in response to concerns raised by industry stakeholders regarding the ability for companies to meet the previous Sept. 19, 2017, deadline due to recent severe weather events. EPA is providing this additional flexibility for stakeholders because of the impacts of hurricanes Harvey and Irma.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act, signed into law on June 22, 2016, amended TSCA, the federal law that mandates EPA to restrict chemicals already in commerce that pose unreasonable risks to public health and the environment. Since January, EPA has released multiple proposed regulations that will impact how EPA evaluates chemicals used in the coatings industry. During the legislative process to amend and modernize TSCA, ACA argued for strong CBI protections in the final law.
TSCA section 14(c)(3), 15 U.S.C. 2613(c)(3), requires an affected business to substantiate all TSCA CBI claims, except for information subject to section 14(c)(2), at the time the affected business submits the claimed information to EPA.
Section 14(c)(1)(a) requires an affected business to assert a claim for protection from disclosure concurrent with submission of the information in accordance with existing or future rules. Section 14(c)(3) in turn requires an affected business submitting a claim to protect information from disclosure to substantiate the claim, also in accordance with existing or future rules.