EPA Releases List of Expiring CBI Claims, CDX Tool for Extensions
On April 23, 2026, EPA announced the release of the first list of expiring confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA).
Each claim on the list is identified by TSCA case number, expiration date, and submission type. The inaugural list includes 294 claims that are set to expire between June 22 and August 1, 2026. EPA says it will update the list monthly.
The list is intended to help meet TSCA’s requirement that EPA notify submitters at least 60 days before a claim expires.
According to the press release, EPA has also deployed a new “TSCA Section 14(e) CBI Claim Extension Request” tool in CDX, its electronic filing system. Companies can use this tool to request a 10-year extension for an expiring claim, which must include substantiation of the need for continued CBI protection.
Requests for extension must be submitted at least 30 days before a claim’s expiration date. EPA warns that failure to submit a timely request may result in public disclosure of the CBI without further notice to the submitter.
In addition to publishing the list, EPA is notifying submitters directly through CDX as claim expirations approach. EPA advises companies to ensure their contact information in CDX is current to receive these notices.
CBI claims appear across a wide range of TSCA submissions. The first list includes claims made on new chemical applications (such as PMNs and LVEs), Chemical Data Reporting submissions, import and export materials, and section 8(e) substantial risk notifications, among others.
Expiration Dates
As discussed in detail in a previous post, 2016 amendments to TSCA now mean most CBI claims expire ten years after assertion. Because those amendments were enacted on June 22, 2016, the first expirations under the revised statute will occur on June 22, 2026.
Companies should be mindful, however, that CBI claims for specific chemical identities can expire less than 10 years after assertion if another company has also asserted a claim for the same chemical. That is because expiration dates for chemical identity claims are set 10 years from the first approved confidentiality claim for the chemical identity.
Companies should also note that certain CBI claims are exempt from expiration: specifically, those that are statutorily exempt from substantiation requirements and EPA CBI review.
More information on CBI expirations can be found in a January 2026 Federal Register notice and on EPA’s website.
