TSCA milestone – EPA proposes rule on certain CBI claims

On April 10, 2019, the US Environmental Protection Agency (EPA) announced that it is releasing a proposed rule on the procedures for companies to substantiate certain confidential business information (CBI) claims for chemical identities and how the agency will review those claims. Upon publication in the Federal Register, industry will have 60 days to comment on the proposed rule.

The proposed rule outlines procedures for CBI claims made for specific chemical identities for chemicals reported as “active” in response to the TSCA Inventory Notification Rule. This Rule required companies to notify EPA about which chemicals on the TSCA Inventory were active in US commerce during the 10-year period ending June 21, 2016 and permitted companies to claim confidentiality of a specific identity for those active chemicals.

TSCA requires that persons who claimed confidentiality for “active” chemical substance identities must substantiate those claims using certain procedures.

EPA is required to establish a final rule to review CBI claims by February 19, 2020. The CBI reviews covered in this rule, must occur by February 19, 2024.

Follow the link to read the full EPA press release: EPA proposes rule on certain confidential business information claims, reaching another TSCA milestone

How TSG can help

TSG Consulting’s experts have extensive experience with TSCA compliance including substantiation of CBI claims, chemical notifications and TSCA compliance audits. Led by Dr Saadia Eltayeb, TSG can help companies successfully prepare, follow up and effectively communicate with EPA in all aspects of TSCA compliance.