EPA finalized a rule effective on August 7, 2023 concerning the treatment of confidential business information (CBI) claims made in Toxic Substances Control Act (TSCA) submissions. Companies who submit any information to EPA under TSCA and want their confidential information to be protected from public disclosure must comply with these new requirements for CBI claims. Failure to follow these procedural requirements can result in EPA’s denial of the confidentiality claims and the information being made public.
This new final rule implements the CBI requirements in Section 14 of amended TSCA, streamlines and standardizes the process for making CBI claims, reduces the potential for deficient CBI claims, and clarifies the scope of information that qualifies for confidential treatment. Since the rule took effect, EPA has already temporarily waived certain parts of the rule so the Agency has more time to make updates to its central data exchange (CDX) system necessary for implementation of the final rule. In addition, the Environmental Defense Fund has brought a legal challenge against the rule in the US Court of Appeals for the D.C. Circuit.