EPA recently notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted to EPA under TSCA and claimed as confidential business information (CBI) are not eligible for confidential treatment. The denials are part of a plan EPA initiated in 2010 to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by law. As part of the plan, EPA is also moving to declassify many chemical identities such that they are no longer secret.
Under TSCA, companies may claim that information they submit to EPA should be treated as CBI and not disclosed to the public. In the past, EPA has infrequently reviewed the claim to determine if it is justified. Under the new plan, EPA will review current and past CBI claims for chemical identity. Where the agency determines that the claims are not eligible for CBI, it will notify companies and make the determination public unless the company files a challenge in federal court. See EPA Press Release, February 10, 2011.