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CBI Protections for Chemicals May be Lost

Siros_Steven_COLORBy Steven M. Siros


In a May 27, 2010 Federal Register notice, U.S. EPA announced that it will begin reviewing Confidential Business Information ("CBI") claims for health and safety studies submitted under the Toxic Substances Control Act and will reject the CBI claims that do not meet TSCA's requirements for CBI treatment. (TSCA Section 8(e).)  U.S. EPA not only will review new submissions but the Agency also intends to reevaluate CBI claims in prior submissions.  U.S. EPA will issue determination letters rejecting CBI claims where the health and safety study claimed as containing "Confidential Business Information:"  (1) does not explicitly contain process information or (2) does not reveal data disclosing the portion of the mixture comprised by any of the chemical substances in the mixture.  This action is part of U.S. EPA’s continuing efforts to make available to the general public information the relevant studies that assess the health and safety risks of chemicals.  To review the federal register notice, please click here.