EPA Limits TSCA CBI Protection To "Promote Public Understanding".
The EPA has just issued a Federal Register notice stating it will 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.” This follows on EPA's January announcement that it will generally deny confidentiality claims for the chemical identity in TSCA Section 8(e) reporting for chemicals already listed on the public portion of the TSCA Inventory.
EPA's actions to limit TSCA CBI protection are consistent with the agency's stated policy of pushing TSCA authorities beyond traditional limits. The agency's legal justification for this action is thin. However, the policy goal is clear: "EPA believes these actions will make more health and safety information available to the public and support an important mission of the Agency to promote public understanding of the potential risks posed by chemical substances in commerce."
The Notice may be found at 75 Fed. Reg. 29755.
