On March 13, 2018, EPA released three draft guidance documents for public comment clarifying the circumstances under which EPA may disclose TSCA confidential business information (CBI) with an expanded set of people. Comments will be accepted until April 16, 2018.
Amendments to the Toxic Substances Control Act (TSCA) expanded the categories of people who may now access information claimed as CBI under TSCA. Information that a business claims as CBI under TSCA is protected from disclosure until the business withdraws the CBI claim, until the CBI claim expires, until EPA determines that the claim is not entitled to confidential treatment, or as authorized under TSCA and EPA regulations.
The draft guidance documents are:
- Draft Guide for Access to TSCA CBI for State, Local, and Tribal Governments, TSCA Section 14(d)(4);
- Draft Guide for Access to TSCA CBI for Medical and Environmental Professionals in Non-Emergency Situations, TSCA Section 14(d)(5); and
- Draft Guide for Access to TSCA CBI in Emergency Situations, TSCA Section 14(d)(6).