On January 19, 2017 the U.S. Environmental Protection Agency (EPA) published a notice on the “Statutory requirements for substantiation of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA)” in the Federal Register. The notice reads: “EPA interprets the revised TSCA section 14(c)(3) as requiring substantiation of non-exempt CBI claims at the time the information claimed as CBI is submitted to EPA.” The notice is directed to the general public, but particularly applies to manufacturers, importers, and processors of chemicals covered by TSCA.
Liz Hitchcock, legislative director at the non-profit organization Safer Chemicals, Healthy Families (SCHF), stated that “EPA’s notice today marks an important victory for the public’s right to know about toxic chemicals.” The EPA’s notice ”has made clear that the law now requires justification for all . . . [CBI] claims when the information is submitted to EPA with limited exceptions,” Hitchcock further asserted.
Federal Register (January 19, 2017). “Statutory requirements for substantiation of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA).”
SCHF (January 26, 2017). “Safer Chemicals, Healthy Families on the EPA’s requirements for toxic chemical disclosure.”